Clydesmom

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Clydesmom last won the day on June 10

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About Clydesmom

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    Nevada via Michigan via Georgia

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  1. LOL I have not received one of these in almost a year and got one today. Toll free number called and went to voice mail: "My name is Kenneth Oler, this is an urgent message. We have made several attempts to contact you and are awaiting your return call today. I am with the legal offices of SSG and Associates we have been retained. We are handling multiple infractions with this case. If you would like to settle this matter before we seek appropriate relief from arbitration or from any proper jurisdiction at all I strongly suggest you or your legal representative immediately upon receipt of this message or press 1 to speak with a live agent. My toll free number is 866-484-5312." Trying to decide if I call back or make him sweat a bit more and try again.
  2. Apparently you only read the Wikipedia summary. It is 200 years old and while it is the foundation for being able to sue a debtor, there is far more current case law that negates what you are claiming. Contract law 101. You are wrong. When the JDB purchases the account they get all the rights and responsibilites. Producing the Bill of Sale from the OC corporate officer is conferring that delegation of authority. Corporate legal counsel retaining a firm to represent them in court IS delegating authority. That is why thousands of companies go into court every day and litigate using counsel. The Osborn case establishes that a corporation must hire legal counsel for court and cannot use a corporate officer to represent them but it does not make the process so difficult that it is impossible to achieve. Again, show ONE published case where a court has ruled that not producing the corporate charter or the delegation of authority has resulted in a finding there is no debt.
  3. NOT the 200 year old case law. Show us case law where a court, ANY court has ruled that because there was no delegation of authority or production of the charter that a debt collection case was tossed out.
  4. Then all you need to do is answer it and as clearly as possible. There is no need for cooked up schemes or attempts at subterfuge that will only communicate to the Plaintiff you have no idea what you are doing. That only incites them to dig in because they know you are not familiar with the court or rules. While this strategy can work keep in mind there are a few OCs that once you do this then dig there heels in and refuse to settle for less than what you owe and their costs to date. Sometimes your best settlement numbers come BEFORE you start to fight. You used TWENTY TWO paragraphs to ask what could have been done with that one sentence! You may not like my answer but try that with a Judge and watch how fast he finds for the Plaintiff. At best you will be lucky if he/she responds with "son, what the HELL are you talking about?" The major issue is your confusion of when an attorney is a debt collector vs. only legal counsel representing their client. There are law firms that do both services. However, the days of mixing up the two flat lined and about stopped after the recession. The CFPB went after several of the largest firms doing both roles and pretty much put an end to the practice. Even in those cases the law firm was not purchasing the debts and suing as though they were the creditor hiding their ownership of the debt, they were not complying with FDCPA laws. If you think this is what the law firm that filed against you is doing then start searching cases they have lost and see if you can find a ruling that says they owned the debt but concealed that fact from the Defendant. You cannot just claim it the burden of proof is on YOU. The answer is the same. Attorney client privilege protects the documents that Cap1 signed in retaining the law firm they hired to sue you. The case law (which is from 1824 and OH by the way) is based on taxing a bank. It is not binding on a judge and court in MI and isn't relevant to your case. Cap1 is a recognized lawfully filed corporation that is well known in the USA. No court will compel them to produce their entire charter to prove what is a stipulated fact. They have a registered agent in every state complying with the laws of incorporation which are way more current than the case Robbie cited from almost 200 years ago. Not to mention that they will simply object to your demand as overly broad, burdensome and irrelevant to the case. They are NOT going to fold over it. Clearly Cap1 has hired an attorney to represent the corporation against you as they filed the suit and have identified themselves as the attorney of record to the court. That is sufficient to prove the contracted relationship. Again, NO court is going to allow you to read or possess the retainer agreement it is protected by privilege.
  5. Absolutely ZERO chance you get this information That is protected by attorney client privilege and neither the law form nor Capital One can be compelled to disclose it. PERIOD. You will not get to see anything related to this. Nice fantasy but not reality. And yes, you know nothing about the legal world. This happens all the time but not under the bizarre scenario you suggest. MOST large creditors whether it is a large bank like Capital One or a junk debt buyer like PRA contract a law firm at a fixed retainer annually The amount negotiated is for a specified number of cases/billable hours annually The retainer includes an amount for costs such as copies, court fees etc. Cap1 and large creditors have no aversion to suing because 95% or more end in a default judgment because consumers either know they owe the money and do nothing or due to extreme stress and circumstances bury their head in the sand and ignore the summons with the same end result. Attorney fees, court costs and post judgment interest are all assessed to the consumer/defendant NOT the creditor as part of that. There is no cut and paste template as for who creditors go after. Cap1 is known as one of the most aggressive choosing to pursue the claims themselves for the past 3-5 years. After the recession they did sell some accounts to PRA and other JDBs but that is old accounts not current business. The 95% default judgment rate more than compensates for the few who actually fight back. I am surprised there is even an affidavit. Cap1 does not need one to attest to their own records though that could be a requirement of the MI courts. You are completely wrong. They are one of the top 3 that heads straight to court within a year of default. The other 2 being AMEX and Discover. That amount you think is "paltry" will get about $750-1000 in attorney fees added on with the judgment along with about $100 in costs and what ever the filing fees were in MI. Then they can let it "marinate" so to speak racking up post judgment interest at the rate of 10% annually and that judgment balloons from less than $1k to $3k easily. That is when a well time garnishment is issued seizing 25% of your paycheck until they get their money. That is why they do it. NO. Nice fantasy story you cooked up there (much of which is unreadable by the way) but the reality is you are being by the original creditor Capital One who you defaulted on. There are two defenses available in OC cases: SOL expired before suit was filed or identity theft. Unless one of those two applies to your situation you will lose this case. You either settle or file BK if you qualify. Even arbitration is not an option because Cap1 removed it almost a decade ago.
  6. Ohio is not a right to cure state. Midland was not required to contact you prior to suing. Adding to that they were not required to use certified mail and prove you received any communication from them. They only need to produce a copy of correspondence they state they sent to you and it is considered sent regardless of whether you received it. Those are facts to be determined at trial not in the filing of the complaint. I am not a fan of answering everything the same but it should be fine. Do you have any? You cannot just add them for the sake of it. The one I would raise if I were you is lack of standing. You want them to prove their standing at trial. All the others you read about are not available to you: the SOL is not expired, OH does not allow statute of fraud defenses in credit card cases, and you are not a victim of identity theft so not mine doesn't work. What ones were you thinking of using?
  7. You need a legal basis to ask the court for dismissal. What would that be? Unfortunately if you do not settle you will have to defend this because Cap1 removed arbitration as an option almost a decade ago.
  8. No. They are not required to remove the entry only to correct the inaccuracy. Chances of getting this removed are ZERO. Santander is one of the WORST ones out there and they will report to the bitter end. They do not do PFD or delete anything. You are playing with fire on this one. The car was just repossessed and sold leaving a very large deficiency balance. They are likely to sue you for it. I would let this lay quiet if I were you.
  9. The SOL in MA where the OP says they are from is 6 years. They are already being sued by BoA an OC on one debt that is five figures. The SOL is still very much alive on several other debts so engaging in credit repair right now was extremely high risk. That is SO not true and is very state law dependent. Some states require that the debt be re-affirmed in WRITING by new contract to restart the SOL. Others state any payment resets it. Simply making a payment does not restart the clock in all states. Again, NO. Many states require that it be in writing and a verbal conversation is not enough to re-affirm the debt. Texas is one of those states. If you do not re-affirm in writing it isn't valid.
  10. He has a problem with anyone who contradicts him, proves him wrong or disagrees. He isn't looking for a discussion or debate. He is looking to build his business and you are giving him the forum to do it. In my opinion giving him another place to disseminate his bad information where an inexperienced desperate consumer will not thoroughly read or understand thus believeing it is accurate is a HUGE mistake. Sadly there is nothing we can do because it is out there now. I feel bad for those who will ultimately fall for the nonsense he puts out and end up in a worse situation.
  11. He wasn't debating. He was criticizing this site and those here along with pimping his website along with his book on Amazon. No debate just cheap sales attempts and insults. I didn't delete his post or restrict his access. I don't have that authority.
  12. Exactly. That agreement may be too old. They need the one from the year they defaulted. That is the one that governs the account in question.
  13. Cap1 removed arbitration as an option about a decade ago. They cannot be compelled to arbitrate the case. No they would not be in violation "Electing" arbitration is meaningless. There is no case law stating that suing a consumer after they elect arbitration is a violation of the FDCPA. The second problem is the FDCPA does not apply to original creditors.
  14. THIS^^^^^^^^^^^^^^^^^^^^^^^^^ I saw the garbage he posted on the other sites (now removed because of the inaccuracies) and it was beyond ridiculous. The shame of it is that he has now come here to pimp his book since he no longer has other forums. You have NO proof that "thousands" have won their case simply because of what you said. Your material is outdated and worked a decade ago but no longer does. If your "material" is so wonderful why take it down? 10 years ago: yes. Today: NO. The major part you leave out is the consumer has NO private right of action if they do violate this and there is plenty of case law showing that consent decree is NOT binding on the courts. I echo what @Goody_Ouchless said: your're an idiot. You also ignored the TOS for this site so you can sell your snake oil after losing the other forums. Printing a penny press book and hawking it as a private seller on Amazon or your GoDaddy website doesn't make you an expert. Get lost.