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Capital One Badgering Me To Pay Father's Debt

Defamation Law Discussion Forum

Capital One Badgering Me To Pay Father's Debt

Postby Somerton » Wed Nov 30, 2016 11:37 am

on november 28th my father called me and asked me to help him pay off a capital one bill of 8500.00.  i helped him by calling cap one and they had me get my father on the phone to discuss his account...

they gave me a payoff amount and we paid it in full

on dec 8th my father shot himself in the chest

he had an automatic payment plan with cap one on this credit card loan account i thought cap one was a done deal...but in january and feb i get a bill for 89.00 because of late fees.  what happened is cap one missed 19.00 of interest owed on the payoff that my dad and i knew nothing about.  when they couldnt get the automatic payment anymore they billed him  by the time they figured out his account was empty it was february.

they have given me pure hell no matter what number i called saying they needed me to call another dept.  now they have handed this charge off loan over to another company..can't think of the name right now i wrote it down at work..pickens and owens maybe.

anyways i called pickens and owens and they said they need until the end of the month to get all the info on my dad ...all the notes like the death certificate, the clerk of court paperwork etc.

i am the executor and my father had a small estates so the clerk of court gave me paperwork to claim his checking account in january.

cap one sickens me and i don't want to pay this debt.  my father wanted the bill paid off and we did everything we were supposed to.

then they miss 19.00 and next thing i know by the time his bill gets to me in the mail in another state..i owe 89.00 or he does.

do  i have to pay them?  can they ruin my credit??

ANSWER: First, I am truly sorry about your Dad.  I would feel exactly the same as you.

First of all, you never guaranteed the debt(as I understand it from you) so your credit is not at risk.  All the creditor can do is try to recover from him estate.  It would be so expensive for them that I really doubt that they would try to do anything.  However, if you have to probate the estate through a court, then they are entitled to notice and they can file a claim.  On the other hand, if there was no real property or anything that would require a court probate, you can tell them to(pardon the expression) whistle Dixie.

What I would do it write them a letter, stating the same facts that you have here.  You didn't tell me who paid the Cap One debt.  If it was you(or a family member or friend), then you have a right to be repaid by your Dad's estate.  Also you didn't tell me how much is in your Dad's estate, how much is owing to other creditors, etc.

Just tell Cap One that it was their fault that they didn't give the proper amount owing when they were told your Dad wanted to pay them off, and that it is the $19 that they didn't tell him about that has resulted in all these charges.  Tell them that if they agree to accept $19 in full and final payment, that you will send them a check(make sure that when you send the check that you write a letter saying that endorsement of the check constitutes full and final payment all amounts owing, and put that on the back of the check as well.)  Tell them further that  if they don't accept the settlement, then they will receive nothing, and that furthermore you will tell the whole story to your local newspaper and everyone will think that they are heartless.  

Hope that works for you.  If you have a problem writing a good letter, write it out and let someone who knows how to write a good letter correct it for you.  I'm sure you have a friend or family member who can do that for you.  If not, just write it out and send it to me and I'll be happy to correct it.

---------- FOLLOW-UP ----------

you're awesome !   

to finish the explanation...my father paid the debt out of his own checking account

the clerk of court in NC told me my situation is a "small estate" and therefore to wait 30 days and then come back and they would give paperwork(this is in NC)  (I live in SC) so i could go to my father's bank and claim his account...it was around 9,000.  This cap one problem occurred weeks after I was paid by my father' bank.  

there are no other creditors owed anywhere.  my father was good like that. just this cap one incident and even then he thought he was was rid of them.

can't this new company come back at me and say "that's slander" and "against the law" if i threaten the newspaper?

just learning all this...thanks for all the wisdom!!
Somerton
 
Posts: 43
Joined: Sat Feb 01, 2014 7:13 am

Capital One Badgering Me To Pay Father's Debt

Postby Connlaoi » Wed Nov 30, 2016 9:01 pm

on november 28th my father called me and asked me to help him pay off a capital one bill of 8500.00.  i helped him by calling cap one and they had me get my father on the phone to discuss his account...

they gave me a payoff amount and we paid it in full

on dec 8th my father shot himself in the chest

he had an automatic payment plan with cap one on this credit card loan account i thought cap one was a done deal...but in january and feb i get a bill for 89.00 because of late fees.  what happened is cap one missed 19.00 of interest owed on the payoff that my dad and i knew nothing about.  when they couldnt get the automatic payment anymore they billed him  by the time they figured out his account was empty it was february.

they have given me pure hell no matter what number i called saying they needed me to call another dept.  now they have handed this charge off loan over to another company..can't think of the name right now i wrote it down at work..pickens and owens maybe.

anyways i called pickens and owens and they said they need until the end of the month to get all the info on my dad ...all the notes like the death certificate, the clerk of court paperwork etc.

i am the executor and my father had a small estates so the clerk of court gave me paperwork to claim his checking account in january.

cap one sickens me and i don't want to pay this debt.  my father wanted the bill paid off and we did everything we were supposed to.

then they miss 19.00 and next thing i know by the time his bill gets to me in the mail in another state..i owe 89.00 or he does.

do  i have to pay them?  can they ruin my credit??

ANSWER: First, I am truly sorry about your Dad.  I would feel exactly the same as you.

First of all, you never guaranteed the debt(as I understand it from you) so your credit is not at risk.  All the creditor can do is try to recover from him estate.  It would be so expensive for them that I really doubt that they would try to do anything.  However, if you have to probate the estate through a court, then they are entitled to notice and they can file a claim.  On the other hand, if there was no real property or anything that would require a court probate, you can tell them to(pardon the expression) whistle Dixie.

What I would do it write them a letter, stating the same facts that you have here.  You didn't tell me who paid the Cap One debt.  If it was you(or a family member or friend), then you have a right to be repaid by your Dad's estate.  Also you didn't tell me how much is in your Dad's estate, how much is owing to other creditors, etc.

Just tell Cap One that it was their fault that they didn't give the proper amount owing when they were told your Dad wanted to pay them off, and that it is the $19 that they didn't tell him about that has resulted in all these charges.  Tell them that if they agree to accept $19 in full and final payment, that you will send them a check(make sure that when you send the check that you write a letter saying that endorsement of the check constitutes full and final payment all amounts owing, and put that on the back of the check as well.)  Tell them further that  if they don't accept the settlement, then they will receive nothing, and that furthermore you will tell the whole story to your local newspaper and everyone will think that they are heartless.  

Hope that works for you.  If you have a problem writing a good letter, write it out and let someone who knows how to write a good letter correct it for you.  I'm sure you have a friend or family member who can do that for you.  If not, just write it out and send it to me and I'll be happy to correct it.

---------- FOLLOW-UP ----------

you're awesome !   

to finish the explanation...my father paid the debt out of his own checking account

the clerk of court in NC told me my situation is a "small estate" and therefore to wait 30 days and then come back and they would give paperwork(this is in NC)  (I live in SC) so i could go to my father's bank and claim his account...it was around 9,000.  This cap one problem occurred weeks after I was paid by my father' bank.  

there are no other creditors owed anywhere.  my father was good like that. just this cap one incident and even then he thought he was was rid of them.

can't this new company come back at me and say "that's slander" and "against the law" if i threaten the newspaper?

just learning all this...thanks for all the wisdom!!
Connlaoi
 
Posts: 43
Joined: Wed Mar 05, 2014 6:40 am

Capital One Badgering Me To Pay Father's Debt

Postby Bartle » Wed Nov 30, 2016 11:22 pm

Well, if you have all the money, there's really nothing they can do.  Don't tell them you cleared his bank account.  Frankly, you could probably ignored them.  What are they going to do?  Sue a dead guy?

Probably the best thing would be just to ignore them.  If they make a nuisance of themselves, then you can write the letter I proposed.  Just tell them your Dad died after paying them off, but if they want to you\ll pay them $19(which is all that's really owed) so long as they write off the rest.

I'm not suggesting that you necessarily tell your local paper == rather, that you threaten to tell the local paper if they don't act reasonably.  Given the small amount of money, the fact that your father is dead, and they have no known place for collection, they will accept any amount.  If they don't want to settle, then just wait and see what they do.  I cannot imagine that they would do anything, really.
Bartle
 
Posts: 33
Joined: Tue Apr 01, 2014 6:48 pm


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