Nathan Neff and Robert Robb v. Capital Acquisitions & Management Company and Capital One, F.S.B.

TERENCE T. EVANS, Circuit Judge.

In 1990, Citibank issued a credit card to Nathan Neff, who fell behind on his account. 1 Like many credit card accounts, moreover, his was sold 2 as delinquent to Capital One, one of the defendants in this case. In 1997, while Capital One held the account, a collection agency, Northland Group, sent Neff a letter stating that his balance was $1,330 but that he could settle up by paying $536. Neff says he paid that amount with a money order marked “payment in full.”

Over the next 5 years, Neff assumed that his Citibank debt was satisfied. He received no monthly…