Comments on: Debt Collectors Suing Consumers Naming Capital One As Plaintiff http://www.creditinfocenter.com/wordpress/2008/07/30/debt-collectors-suing-consumers-naming-capital-one-as-plaintiff/ For the Up To Date News Tue, 07 Feb 2012 22:26:40 +0000 hourly 1 http://wordpress.org/?v= By: JP123 http://www.creditinfocenter.com/wordpress/2008/07/30/debt-collectors-suing-consumers-naming-capital-one-as-plaintiff/comment-page-9/#comment-12010 JP123 Sat, 04 Feb 2012 21:29:31 +0000 http://www.creditinfocenter.com/wordpress/2008/07/30/debt-collectors-suing-consumers-naming-capital-one-as-plaintiff/#comment-12010 I have been unemployed for 3 years. I paid Citibank faithfully for the first 2 years but when they doubled the minimum I couldn't do it. That was May 2011. On October 9 a letter was sent to me by Citibank demanding that I contact them within 30 days On November 3, 2011 I contacted Citibank regarding an debt and with the intention of making payment arrangements. and was told by “Kathy’ that I had multiple options including a one time payment at a significantly reduced rate. I was also told that I should consider my options and that a decision must be made on or before Nov 8. On November 7, 2011 I once again contacted Citibank and at that time I was told that I would not be able to pay the debt to them, that they had sent this debt to collections. (I subsequently received a phone call from Kathy at Citi apologizing for the position that her misinformation had put me in) On November 21, 2011 Cohen and Slamowitz attempted to contact me regarding a debt without identifying whom they represented. Subsequently Cohen and Slamowitz has left messages on the phones of my family members stating that they were collecting on a debt pertaining to me including dollar amounts. (This is in direct violation of the FTC fair practices for debt collection protocol and a complaint has been with the FTC and the New York Attorney General’s office.) On the evening of January 31, 2012 a three page document which included the names ‘Citibank’, ‘Cohen and Slamowitz’ and ‘my name’ was found on my driveway. (no envelope...just a summons with dollar figures for anyone to see) I have no way of knowing whether this document was hand delivered or mailed to one of my neighbors and subsequently brought to my driveway. So..this summons is dated Jan 9 and obviously they're hoping for a default judgment. I have contacted the court and am spending my weekend perparing a response to the summons, and a request for verification. According to my credit reports Citi has charged off the debt and the summons states 'This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.' If anyone has any suggestions I'd love to hear them. Would appreciate any assistance I can get this. Wish me luck. I have been unemployed for 3 years. I paid Citibank faithfully for the first 2 years but when they doubled the minimum I couldn’t do it. That was May 2011.

On October 9 a letter was sent to me by Citibank demanding that I contact them within 30 days

On November 3, 2011 I contacted Citibank regarding an debt and with the intention of making payment arrangements. and was told by “Kathy’ that I had multiple options including a one time payment at a significantly reduced rate. I was also told that I should consider my options and that a decision must be made on or before Nov 8.

On November 7, 2011 I once again contacted Citibank and at that time I was told that I would not be able to pay the debt to them, that they had sent this debt to collections. (I subsequently received a phone call from Kathy at Citi apologizing for the position that her misinformation had put me in)

On November 21, 2011 Cohen and Slamowitz attempted to contact me regarding a debt without identifying whom they represented.

Subsequently Cohen and Slamowitz has left messages on the phones of my family members
stating that they were collecting on a debt pertaining to me including dollar amounts. (This is in direct violation of the FTC fair practices for debt collection protocol and a complaint has been with the FTC and the New York Attorney General’s office.)

On the evening of January 31, 2012 a three page document which included the names ‘Citibank’, ‘Cohen and Slamowitz’ and ‘my name’ was found on my driveway. (no envelope…just a summons with dollar figures for anyone to see) I have no way of knowing whether this document was hand delivered or mailed to one of my neighbors and subsequently brought to my driveway.

So..this summons is dated Jan 9 and obviously they’re hoping for a default judgment. I have contacted the court and am spending my weekend perparing a response to the summons, and a request for verification. According to my credit reports Citi has charged off the debt and the summons states ‘This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.’
If anyone has any suggestions I’d love to hear them. Would appreciate any assistance I can get this. Wish me luck.

]]> By: kevin http://www.creditinfocenter.com/wordpress/2008/07/30/debt-collectors-suing-consumers-naming-capital-one-as-plaintiff/comment-page-9/#comment-11897 kevin Tue, 24 Jan 2012 15:21:24 +0000 http://www.creditinfocenter.com/wordpress/2008/07/30/debt-collectors-suing-consumers-naming-capital-one-as-plaintiff/#comment-11897 Marc, sorry for the delay in responding. My motion to set aside the stipulated settlement failed due to, apparently, waiting too long to file. In Colorado you have either 6 months or 1 year depending on what you claim and it has been over a year. So now I'm going after Cap 1 because they show no reduction of the balance owed and amount past due on all three credit reports. (as I stated in several QWR's, they are either the owner of the debt and violating the fair debt reporting act or they sold the debt and were not the plaintiff in the case) As you all probably know, when you call Cap 1, they give you no information except a phone number to a "attorney referral" outfit that only gives the phone number of the attorney's office. Soooo.. is anyone sure of whether I can file the suit against Cap1 in my home state if they don't have a branch here but obviously conduct business here and all transactions occurred here? Marc, sorry for the delay in responding. My motion to set aside the stipulated settlement failed due to, apparently, waiting too long to file. In Colorado you have either 6 months or 1 year depending on what you claim and it has been over a year. So now I’m going after Cap 1 because they show no reduction of the balance owed and amount past due on all three credit reports. (as I stated in several QWR’s, they are either the owner of the debt and violating the fair debt reporting act or they sold the debt and were not the plaintiff in the case) As you all probably know, when you call Cap 1, they give you no information except a phone number to a “attorney referral” outfit that only gives the phone number of the attorney’s office. Soooo.. is anyone sure of whether I can file the suit against Cap1 in my home state if they don’t have a branch here but obviously conduct business here and all transactions occurred here?

]]> By: Daniel Swiss http://www.creditinfocenter.com/wordpress/2008/07/30/debt-collectors-suing-consumers-naming-capital-one-as-plaintiff/comment-page-9/#comment-11775 Daniel Swiss Sun, 15 Jan 2012 17:57:04 +0000 http://www.creditinfocenter.com/wordpress/2008/07/30/debt-collectors-suing-consumers-naming-capital-one-as-plaintiff/#comment-11775 Yea I just got a Certified letter Saturday from LVNV about a capital one credit card that was written off in 2008... So I am pleading Not Guilty Tuesday . I am using the Heresay ruling, the fact that they wont have all the proper paperwork on this account, and the fact that the debt is over 4 years old :( should that be enough to get this case ruled in my favor? Yea I just got a Certified letter Saturday from LVNV about a capital one credit card that was written off in 2008… So I am pleading Not Guilty Tuesday . I am using the Heresay ruling, the fact that they wont have all the proper paperwork on this account, and the fact that the debt is over 4 years old :( should that be enough to get this case ruled in my favor?

]]> By: winnie http://www.creditinfocenter.com/wordpress/2008/07/30/debt-collectors-suing-consumers-naming-capital-one-as-plaintiff/comment-page-9/#comment-11704 winnie Mon, 09 Jan 2012 03:59:32 +0000 http://www.creditinfocenter.com/wordpress/2008/07/30/debt-collectors-suing-consumers-naming-capital-one-as-plaintiff/#comment-11704 If the the attorney at Law has: This communication is from an attorney firm acting as a debt collector.If so, you can positively identify the law firm as the real Plaintiff. If the the attorney at Law has: This communication is from an attorney firm acting as a debt collector.If so, you can positively identify the law firm as the real Plaintiff.

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