veesmith626

I beat Patenaude & Felix last month, who represented Capital One for an alleged credit card debt I owed (about $3,300). I am posting on here to help anyone who is in the same boat and discouraged about their situation. I want to say to those people, do not be discouraged. You can beat them! Do not be afraid to fight! I too, like the others here, have fought and won against an OC which is supposed to be much harder to win. These people file so many lawsuits and they just expect you not to fight in order to get a summary judgement. If you fight them, follow what you learn here and stay the course, you will win! They tried to scare me right before the trial. They claimed they would win, but they didn't. A few minutes after their claim, they dismissed without prejudice because they did not have a case. If you are in California read the threads and advice from @ASTMedic, @HomelessInCalifornia, @calawyer , @Seadragon, @sadinca and @Anon Amos There are so many others on here that give great advice also. I am attaching my redacted Trial Brief which I got from ASTMedic's thread which I changed only a few things to fit my situation. Fight on! Cap One Redacted Trial Brief .docx

Thanks so much calawyer! I'm proud of myself. I owe it all to you guys. I've been on cloud nine ever since. It's the weekend, time to celebrate!

Thanks! And thanks to you too sadinca for your help on this board as well! I've been all over these forums and I've gotten support and help from all of you guys whether you know it or not. For all those who say it can't be done, you guys know better! And now I do too!

Oh, and the lawyer conveniently said he didn't have the ccp96 because of his new witness. He handed me a fake set of documents during our settlement meeting before being called to trial. The documents contained a new ccp96 with his current witness named, a bill of sale between HSBC Bank and Capital one, and a copy of a notice from Capital One stating that the alleged account from HSBC is now issued by Capital one. AND......I forgot to mention that the plaintiff's original ccp96 contained the statement that the witness will be authenticating "Information pertaining to defendants student loan and debt". Ummm no.... the alleged account is not a student loan. I brought up this issue, among others, in my trial brief and they were trying their best to plug up these gigantic holes. Not on my watch lol. Feels good to be a winner!

She dismissed the case....without prejudice. A win is a win I guess. Big thanks to all of you who have, and are constantly giving of your time, knowledge and expertise. I love you guys for it! Truly a blessing to have your help and guidance! Thanks specifically to @Anon Amos, who's inbox I have been hitting up with questions that he so unselfishly has answered. @Thank you! @calawyer, @BV80, @kraftykrab, @fisthardcheese, @Cliff2009, @stick&rudder

I won today! I'm so overjoyed! I've been sitting in my car for like 30 minutes going over what just happened in court. I can laugh about it now but I was nervous as all get out over 30 minutes ago lol. So.....I get to court and I unknowingly sit down in the row in front of the lawyer for P&F. He touches me on the shoulder and asks me if I am the defendant in their case. I say yes. So he introduces himself as Josh Spite, an attorney with P&F. He begins to tell me to sign in I'm number 10 on the list and he would like to discuss the matter outside for a few minutes. Of course I know he wants to settle the case which is what he tried to do, and also tried to persuade me that he's going to win the case and that there's a witness from Capital One that will be testifying that I was sent account statements and he's going to ask if I lived at those addresses on the billing statements etc. He basically says "I know we're going to win the case." Then he hands me the bill of sale between HSBC and Capital one, "new evidence" regarding the case. Evidence not recorded on the plaintiff's CCP96. Also mentions that he brought the witness (who was also not mentioned on the ccp96). I bring this to his attention and he states that his witness is the "other qualified custodian of records" that was mentioned on the CCP96 (not named). He says he really wants to settle the matter before going to trial. He says once we go to trial then any settlement is off the table. So now I know I'm about to win the case and I just basically started to indulge him at this point because I know he lost with the new evidence that he thought I was not going to object to. I asked him if he had any offers to give and he says do you want to talk to my witness he's from Capital One. I said ok bring him in. This guy, the witness, his name is Clifton InoHara. I remember his name from the verification of the responses to my discovery documents. He basically tries to tell me the same thing as the lawyer, insinuating that I'm not going to win the case based on their new evidence and their account statements with my addresses on them and that he was going to testify to everything. Both he and the lawyer ask if I have an offer if there's anything I can pay a month and I said no I can't agree to anything and they said they understand that they don't know my situation. They said we want to resolve this and not have to go to trial. They were literally sitting there staring at me waiting for me to agree to something, settle out of fear, but nope I didn't budge lol. After I begin questioning Mr. Inohara, I see he's getting a little irritated and says he feels like he's being cross examined and we can just do that in the court at trial and I said okay and they said okay. We went back into the court. When the judge called us up she asked are we ready for trial I said yes your honor and they said yes. The lawyer from P&F begins to tell the judge that he has provided the court with additional exhibits that he just got, in addition to the case in response to my trial brief. I immediately say I OBJECT your honor I told the judge that I was completely thrown off this morning by this new evidence. I said your honor those exhibits were not on the ccp96 statement from the plaintiff, nor was this witness here your honor you have my trial brief and she said yes I do and she is smiling by now. She knows they can't go on like this 😀. The lawyer proceeds to submit his excuses and the judge says "she is absolutely correct". The lawyer went even so far as to say that he didn't have the ccp96 statement with him and and the judge said yeah well the question is does she have it, and I said "I have it here would you like a copy your honor?" This judge was so tickled today because she was smiling from ear-to-ear. "Would you like to continue,"she says to the lawyer. He stumbles, "Well, no your honor 😂" How's this for a good laugh?

Sorry, maybe I wasn't clear. I'm not sure when capital one acquired the account. Most of the statements are HSBC statements. The account became delinquent after capital one acquired it.

There is no affidavit. There is no mention of HSBC. There are statements from HSBC and Capital one. So since capital one acquired the account, they need to show assignment of the account from HSBC?

The account was opened with HSBC bank and went delinquent in 2014 after capital one aquired the account.

Yes. I guess. Supposedly, Cap One sold 2 accounts to PRA and kept 1 account which is the one they are suing me on. I don't recall having 3 accounts. I only recall having 2 accounts.

My question was not that they "didn't" include the statement, but why they "did". As I am informed, OC's do not have to abide by FDCPA regulations.

If they're going with account stated and capital one owns the account I'm not certain the previous HSBC statements matters. I'm just confused by them attaching a capital one agreement from a date when capital one did not own the account.

Another question..... If P&F are the lawyers for Capital One, why would they need to add "This communication is from a debt collector... on their cover letter responses?"

No. The complaint only references plaintiff capital one and "common counts on an account stated for the sum by which defendant has been unjustly enriched by virtue of defendant receiving monetary or other benefit by defendant knowingly requesting the funds at issue and or accepting the benefits bestowed." They sent 3 years of statements and a Cap One cc agreement. No affidavit. Only responded to to ccp96 with 1 witness and sent a notice in lieu of subpoena for me to appear at trial. I guess they can still question me even though they did not include me as a witness in their ccp96???

It won't hurt to mention this in my trial brief....