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Everything posted by pulpfictionfan

  1. It was particularly funny to me because this guy sounded almost exactly like a friend of ours... At first I honestly thought it was our friend making a joke about the pronunciation of our name! But as I listened to the message it became clear it was not a friend Kind of funny, though!
  2. Yes, I got all of it... copies all mailed out with certificate of service. The clerk looked at me funny when I mentioned the affidavit. She said all of this so far so good is standard procedure. YES!!! I need to do a LOT more reading! At least the paperwork is in and I have some time now to get my facts together. Praying I can effectively win this... But yes, I am not feeling especially brilliant right now.
  3. OK. But isn't it possible that since the account passed so many hands... somewhere the confusion got misplaced and the accounts got confused? And accounts were sold... perhaps to related companies... clerical errors and what not... These companies are all related. How much of a little mistake would it take? I will be looking at everything I have as far as paperwork and bank statements go for the last ten years or since the last bill from Capital One. But I have also already done that. When I got the paperwork from the CA I assumed it was from the Capital One account - nothing else made sense. I still don't believe I ever maintained a Credit One account. I still lean towards that scenario. Then my next question would be is if it is possible that I got some offer from Credit One, and perhaps even responded to it.. and then... never used it after I realized the exorbitant fees? Why did it take them as long as it did to charge off the account? The mind boggles. If the account was closed in 2008 I still have much paperwork from that time period here. Something SHOULD be showing up. Then what? From everything I have read Credit One makes it pretty hard to cancel an account. Maybe I am day dreaming here. Pulling at straws? How could it be that I have gone through so much paperwork and have NEVER seen a single bill from Credit One?
  4. Thanks @admin. I will do my BEST not to make it too easy for them! LOL I still have some fight left in me!!! @Savoir, Thanks for the heads up! Tomorrow when I submit the paperwork to the court, I will ask them about setting it up as an affidavit!!! In the meantime, I was so happy I got the "Amendment to Answer to Summons" done today and ready for tomorrow so I can finally begin again to proceed with the other aspects of my life!!! I am going to focus on doing as much reading and brushing up in the meantime as I can!!!
  5. And I still maintain I never had the account. I distinctly recall the Capital One account. I have even been going through old checking statements to see if I ever made a payment to Credit One. That is what I am down to now. I finished the "Amended Answer to Summons" and will bring it to the court tomorrow and send all the copies out with Return Receipts Requested and now my only hope is to go through all that old paperwork again to find any and all letters that may have originated from any of the collectors mentioned above or anything else that looks remotely close to being related to Credit One. In the mean time I am also going to be going through any and all bank statements to see if I ever made any payment to Credit One. All I can say for sure is that I know the Capital One credit account seemed to have been passed through many, many hands, and I do have most of those records in a file, so onward from there is all I can do. But, I did file the Answer to Summons so now I assume the ball is in the CA's hands. Again, please, especially, Savoir... Thank you for all your time helping me decipher some of this. It is all still very confusing to me, but little by little, I think I am starting to absorb it ! If I did in fact sign up for a Credit One account and somehow forgot about it, I guess I am now paying the consequences and I will have to get it settled up. There is always a light at the end of the tunnel ! Thanks again for all the help I have gotten here. Am planning on doing a lot more reading from others posting here. Thanks again!
  6. Thank you Savoir. How about if I just word it like this? 1.1. deny, plaintiff has provided no proof to sustain the allegation. 2.1. deny, has failed to define proof of the debt. "Exhibit A" appears to be fraudulent. 3.1. insufficient knowledge 4.1. deny, alleged debt is past the statute of limitations. 5.1. deny, plaintiff has provided no proof to sustain the allegation. 6.1. deny, plaintiff has provided no proof to sustain the allegation. The defendant humbly requests that this Honorable Judge dismiss this case in its favor and against the plaintiff due to lack of evidence.
  7. I could add that the lawyers office called today. Must have gotten the date for the pre-trial in the mail yesterday. HA! It was one of their goons, not the attorney himself. I simply refuse to talk to them before the pre-trial... unless I am feeling confident enough to get really tough with them. I guess we shall see... Let them drive 3 hours or so to our court over here to defend their stupid unsubstantiated claim.
  8. 1. Who is suing you? LVNV Funding LLC, c/o: Resurgent Capital Services LP, represented by Jonathan A. VanGemert via Weltman, Weinberg & Reis Co. L.P.A. 2. For how much? $696.34 3. Who is the original creditor? Credit One Bank 4. How do you know you are being sued? Summons and Complaint served 6/18/2013 5. How were you served? Served upon my person at residence. 6. What was your correspondence (if any) with the people suing you before you think you were being sued? None 7. Where do you live? Newaygo County, 78th District Court 8. When is the last time you paid on this account? Not sure, I don't believe I ever made a payment on it. 9. What is the status of your case (if anything has been opened)? Filing an amendment to my original Answer to Summons. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, unaware of alleged debt. 11. Did you request debt validation before the suit was filed? No, unaware of alleged debt 12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Unsure, but I have already filed an answer to summons. I am now looking to file an amended answer to summons. 1. The Plaintiff is the owner of the within credit card account through Purchase, bearing account number 4447XXXXXXXXXXXX. 2. By use of the account, the Defendant became bound by the terms in the CREDIT CARD agreement. The existence of this debt is established in the exhibit attached hereto as Exhibit A. 3. The Plaintiff has exercised its rights pursuant to the terms of said Agreement to accelerate the time for payment of the entire balance due and owing by the Defendant to the Plaintiff. 4. That there is now due and owing to Plaintiff by Defendant, the sum of $ 618.32 on said credit card agreement. 5. That further, Defendant's account has accrued interest in the amount of $78.02 through April 17, 2013. 6. Although demand has been made upon the Defendant to liquidate the balance due and owing, the Defendant has failed to do so. "Exhibit A" truly looks like a bill of some kind, but both my name and Credit Ones name and address appear to be mailing labels pasted to any bill and dated on or around the time they are suggesting the account was closed, on around 11/3/2008. Based on the SOL I am guessing, IF I did in fact have this account I defaulted LONG before this "final" bill... way before the sale to LVNV. ============================= With that being said, I would like my "Ammendment to Answer to Summons" to read something like this: 1.1. disagree with the statements in paragraph 1 because Plaintiff has failed to provide standing. 2.1. disagree with the statements in paragraph 2 because Plaintiff has failed to define proof of the debt. "Exhibit A" appears to be fraudulent. The address of both Credit One and Defendants name and address look to be nothing more than mailing lablels that have been affixed to a bill for the purpose of litigation. 3.1. disagree with the statements in paragraph 3 because Plaintiff failed to make Defendant aware of said debt prior to bringing forth a lawsuit and when contacted by registered letter by Defendent, Plaintiff again failed to provide more than "Exhibit A". 4.1. disagree with the statements in paragraph 4 because this alleged debt is past the Statute of Limitations. 5.1. disagree with the statements in paragraph 5 because the account was, by the Plaintiffs own admission, as evidenced in "Exhibit A" charged off by originating collector as of 11/2008. Additionally, Plaintiff has failed to provide the date of the last payment on said credit card account. 6.1. disagree with the statements in paragraph 6 because Plaintiff has failed to provide legitimate evidence of said debt. Any suggestions will be greatly appreciated!!! Obviously, this forum has a lot, but I do need some brushing up on my minimal knowledge of how to go about this effectively !
  9. Savoir, Thank you so much for all your help and advice. I have finally been able to find some time to sift through some of this... and read more of the pinned notes, along with some others experiences. Thank goodness there are good people out here that can offer some knowledge, help and experience. It means a lot. And it is always fun to learn new things as well. Anon Amos, I feel the same about your advice. Really, really, really appreciate it! This whole thing came at such a bad time. My husband is disabled (diagnosed with MS in '99) and taking time to deal with this lawsuit is taking valuable time from an already strapped household. But the good people and good advice I have found here has saved me so much time! I am really, really grateful. I feel very confident in your help because it just makes a lot of sense, too!
  10. Savior, with the Capital One account... it was given to various CA's and over the course of time every time there was some collection effort on this the amount owed varied dramatically. I cannot help but wonder if one collection agency overlapped another and eventually the accout landed up with LVNV only to be confused with Credit One as opposed to Capital One. I mean.. what the H??? 2008 wasn't that long ago? Why is this the first time I have heard of this debt?
  11. Thanks so much for the help! I spent some time last night reading some other posts here initially seeming closely related to my case, and I read the thread by bmc100 for Those Being Sued by a JDB. I am starting to feel a little better about this. I am going to make an amendment with the court and will be working on that for the next day or so. I called the court and they said I can actually amend my statements all the way up to the date of the hearing. Apparently, the court here is pretty flexible, but I would still like to get it done within the 14 day time period, just to keep things simple and within standard time frames... just in case something should come back to bite me. Does anyone have any suggestions as to how my amendment should read and what I should write? I think first and foremost I need them to prove they own this debt. Anything else? The complaint has 5 points I need to respond to. Is it OK for me to go ahead and "answer" more than five, in other words, provide additional statements as to why I believe this debt is bogus? I am trying not to miss anything in my amendment. Thanks so much in advance! I am so glad I found this website... So much good information! Thanks to all of you!!!
  12. I am not sure I understand the difference between the affidavit and the complaint. I have here a "Summons and Complaint" and I don't see for sure that I have an affidavit. But Exhibit A appears to show a bill from Credit One dated 11/03/08 with a minimum payment due of $600.00 + a few dollars and cents. As of 11/03 (?08?) there was "service charge" "closed account maintenance fee" *finance charge* of $3.00 and a "late fee" of $29.00 and a "finance charge" for purchases $ 10.52 cash advance $0.00 for $10.52. Bizarre. It doesn't make any sense to me. Credit One Banks address and my name and address looks to be totally different from the other areas of the bill. I mean, it looks like someone took a mailing label and affixed it to another persons bill. Makes no sense. Does this make sense? If I try to negotiate with things as they are now, how would I ever know this thing would go away? Thanks for all the good advice, I need some time to digest it all. Thanks !!!
  13. Thank you so much for all of your information! Really, really appreciate it! The credit limit is stated on both "Exhibit A" and also on my credit reports. So I need to get on this "amended answer"! Thank you thank you thank you!!!! Now I need to sit down and seriously digest all of this
  14. 1. Alleged debt is for a grand total of $ 700.00 give or take a few dollars. 2. I filed my answer as of Monday, July 1st with the court. I hand delivered the documents. 3. My affirmative defense, if I understand the question was not mentioned in any of the paperwork I gave the court. 4. I am not sure what you mean by affidavit. ? Credit One does in fact appear on my credit reports... all three of them. If I were not currently in this situation with the attorneys (aka the CA) I would be disputing this debt. As it is I didn't even know about it until I was sent the paperwork from the attorney informing the lawsuit was commencing. So you see... not a good position to be in. I would like to restate the fact that if I did somehow have a Credit One credit card, I would like to negotiate the payoff amount. But if not, then why would I? One curious item is that my credit line was $250.00. How did I end up with a bill of $618.00 at the time the alleged account was "transfered/sold". And then after the sale, I was still somehow accruing interest? Honest. I have looked through ten years of paperwork and have yet to find a bill from Credit One, but I do still have all the paperwork for Capital One. Very frustrating...
  15. At the time I sent them a certified letter I requested that the CA send me proof of the debt. All they did was to send me another copy of "Exhibit A" which appears to be iffy at best.
  16. I believe you are correct, the SOL here in Michigan is six years. If I am correct, if this goes back to Capital One, I am way past the SOL. However, if it is a Credit One account, and if that did exist, then... it could be possible that the CA has a chance, except that I would dispute all the interest accrued, and other factors. I just don't have any further information. All I have at this point is "Exhibit A" and it doesn't look legit. This is one reason I have so many questions. One of which would be... at what point does the SOL begin? At the time of the last activity on the account, such as at the time of charge off? I don't even think my credit reports are accurate.
  17. Recently I received a summons from attorneys specializing in collections in Michigan for a debt stemming from an alleged Credit One Bank credit card. Apparently, according to my credit reports, LVNV LLC purchased the alleged debt in December of 2008. This is all new to me. I had never even heard of LVNV until I received the summons, nor do I believe I ever held a credit card with Credit One Bank. In the meantime, LVNV has been adding interest to the so called amount owed, after they purchased it from Credit One. I don't see how they can do that if the account was in fact charged off by Credit One. In fact, they are trying to accumulate additional interest up until April of this year. I filed an Answer to Summons with my local court, where I am being sued. This is very, very confusing. For starters, I believe the original debt actually dates back to a Capital One credit card I had that was charged off back in 2005. I have looked through ten years of paperwork here and I have yet to find a single bill from Credit One. Is it possible that somehow Credit One got ahold of the account that was charged off from Capital One? I am of limited means right now. But I would like to take care of this issue. I plan to go meet them in court and negotiate reasonable terms BUT ONLY IF they can prove I did in fact have a Credit One account. Prior to being served papers, I did send a certified letter to the attorney asking for proof of the debt. All he sent me was the copy he had included in the original paperwork called "Exhibit A" which looks like a copy paste job and does not appear to be legitimate. In the answer to summons I stated: 1. I have never owned said credit card (paraphrased just a bit). 2. I have never seen "Exhibit A" until I was served the papers by the attorney and then again in the summons. 3. Please provide proof of said agreement. 4. Said account did not exist as stated by the plaintiff. 5. How does a person accrue interest on an account that has long since been charged off? 6. Plaintiff has failed to provide proof of debt. On further pages I stated: I do not owe this debt. The plainfiff has failed to define the charges. I want to have a statement showing all charges and any signatures I might have made. I want a copy of said credit card agreement. "Exhibit A" appears to be fraudulent. It looks like someone copied and pasted the paperwork together. Credit Card agreeement was closed a long time ago why is interest being accrued up until April of this year? ETC... According to the clerk at the court, a "pre-trial" will be scheduled. That is the next step. I assume that is when the attorneys will have to bring more evidence and if they have it then we can negotiate a settlement. The clerk said I will sit down with the attorney and discuss it, a judge will be close by and can be called upon at any time during the pretrial. That doesn't sound too bad, right? I don't really feel that I am any where near being prepared to meet these people in court. I have been spending a lot of time reading up on the laws and gathering information but I feel I have a very long way to go. But in the meantime, I really want to get to the bottom of this. I want this fixed on my credit reports as well. How can I find out for sure if I had a Credit One account? Because honestly, this is the first I have ever heard of a credit card account with Credit One. Thanks in advance for any help one may have to offer. I know this sounds more confusing than anything else and I apologize.