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HockeyFan last won the day on May 3 2016

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  1. Pulled my reports. No incorrect info on any of the 3. Boo.... Cap1 did call my cell non-stop for awhile but I don't have the records of that. I might be able to get them from my cell company, but I doubt it.
  2. I appreciate your bluntness and attention to detail for me. I should have come here first before sending the DV, oh well, live and learn. For the answer I couldn't find the answer form on the Cobb website so I just used one I previously drafted and edited it. I plan on eFiling it next week. I actually ended up "winning" a battle against another OC last year by settling for far less than the amount owed. And in that case I used pretty much the same counterclaim that I have here and they were wanting me to dismiss that claim pretty badly. So we'll see what I can do here. Any other suggestions you can throw my way would be super.
  3. Hmm, ok that is good information. I will rework what I have and see what I can come up with.
  4. 1. Who is the named plaintiff in the suit? CAPITAL ONE BANK (USA), N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) ALDRIDGE PITE HAAN, LLP 3. How much are you being sued for? ~$3,000 4. Who is the original creditor? (if not the Plaintiff) PLAINTIFF 5. How do you know you are being sued? (You were served, right?) SERVED 6. How were you served? (Mail, In person, Notice on door) IN PERSON 7. Was the service legal as required by your state? YES 8. What was your correspondence (if any) with the people suing you before you think you were being sued? DV SENT IN AUGUST 9. What state and county do you live in? GEORGIA, COBB 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) INSIDE SOL 11. When did you open the account (looking to establish what card agreement may be applicable)? 2015 12. What is the SOL on the debt? To find out: 6 YEARS, INSIDE SOL 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). SUIT SERVED, NO ANSWER SENT AS OF YET, COUNTERCLAIM TYPED UP (Attached) 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). YES, LETTER ATTACHED - They responded by sending me over 100 pages of statements 16. How long do you have to respond to the suit? (This should be in your paperwork). 30 DAYS FROM NOV 28, COMPLAINT ATTACHED 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 1 LOUSEY STATEMENT FROM OC, ATTACHED WITH COMPLAINT I have attached all the docs listed above. I also have recorded voicemails that were left at my work phone from Cap1 with the same exact recording each time which are listed in the counterclaim. I have not filed an answer yet as I wanted to pop in this forum and get some pointers on if I am taking the right course of action. ANSWER_Redacted.pdf DV_Redacted.pdf Main Complaint_Redacted.pdf TCPA Counter_Redacted.pdf
  5. The Bureaus are the "owner" of the debt with Asset Recovery Solutions LLC acting as the collector. I have the money to settle the debt but I am curious if I should just let this play out and attempt to fight it. Within SOL still. Best Buy retail card. Never been in this situation before. Let me know what other information is needed for assistance. Thanks in advance!
  6. I know I am late to the party but I fought against PRA last year and won pretty easily. Don't panic, take breaths and follow the info you get here. You'll make it out alive, promise! Good luck!
  7. I sent a couple emails to some firms that offer free consultations. We'll see what happens.
  8. Can't afford an attorney right now It's all me for now
  9. I am use close to actual amounts. And no, they do not match. Not even close.
  10. Asset Recovery Solutions, LLC sent me a collections letter stating they would settle for 90% of an amount of, let's say ~$2300. I sent DV letter and got back 3 statements with the most recent showing ~$1800. Last statement is from 2012 and I am in GA. OC was Best Buy is not on CR nor is a collections from Asset. The current creditor is listed on the letter as Bureaus Investment Group Portfolio NO 15 LLC (WHO????) Hit me with suggestions! Thanks!
  11. You posted in the wrong forum. Post in the same forum that you found my thread in.