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veesmith626 last won the day on February 27 2017

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About veesmith626

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  1. 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
  2. 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!
  3. 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!
  4. 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 an
  5. 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
  6. 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
  7. 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.
  8. 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?
  9. 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.
  10. 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.
  11. 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.
  12. 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?"
  13. 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