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Everything posted by veesmith626

  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
  14. Guys.... So I just noticed that the account statements they sent to me start in 2011 with the account being an HSBC bank account but P&F attached a 2010 Cap One agreement. Do I have an argument? I'm still working on my trial brief and need to have some more ammo so hopefully they will dismiss before trial. Thanks for the help! @calawyer @Anon Amos @BV80 @sadinca @RyanEX
  15. This makes me feel much better Anon! But I planned on fighting all the way because as you said, I have nothing to lose. Plus I've learned a lot thanks to you guys! I'm surprised they didn't bring a witness to trial for $20K????
  16. I googled the witness and they're about 70 miles from the courthouse but there's no address for the witness in the statement. P&F says the witness "...can be reached through plaintiff's counsel at P& F's address.
  17. I received response from plaintiff to ccp96 and they list 1 witness who is a legal specialist for Capital One , and state "or other qualified custodian of records. " Also for documents, a copy of customer agreement and 2 years of statements. 1. They can't call any other witnesses not properly named in their statement, correct? 2. If they call the witness it's going to be difficult since the witness is an employee for the OC.
  18. Cap One sent a "Plaintiff's Verification to Defendant's Request For Production of Documents" letter from an "authorized agent for Plaintiff Capital One". Is this Verification the same as an affidavit? I googled the person's name and it's a lawyer. I'm sure he has no personal knowledge about the account or how business records are kept unless he is an employee of Cap One. The Cap One Agreement that they attached to the statements is from 2010 but the statements start 2011 and the alleged opening of the cc was sometime in 2007. Do they need to provide the Agreement from when the cc was ope
  19. "Defendant became indebted to plaintiff within the last four years because an account was stated in writing by and between plaintiff and defendant and which it was agreed that defendant was indebted to Plaintiff within the last 4 years....This cause of action is based upon account number XXXXXXXXXXXX1234 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. It is inequitable for defendant to retain said benefits without repaying plaintiff t
  20. I'm not absolutely sure that Cap One has lack of standing, but almost certain because AFTER the lawsuit, they (Cap One) sent me a letter stating that I owed on 2 alleged accounts and that they were acquired by PRA. PRA has since filed a lawsuit against me. I'm not sure if PRA own the accounts or if they are just collecting for Cap One? The question is who has standing, which are my accounts and what exactly do i owe? I will be fighting and possibly paying twice if these debt collectors win. This is not fair if all the plaintiff needs is a copy of a few billing statements with my name and