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eldefendor

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  1. Hi I am in the discovery stage on my journey to hell, and I requested debt validation from OC's supposed counsel and they sent back all my statements. The question I have is that when I was given the CC over the course of 3 years I had multiple account numbers because I had lost my card. The summons had one credit card listed and there are 4 CCs numbers that are in the statements. Are they prior to have the correct number? Does the Summons and the debt validation credit card numbers have to match up or can I argue that they don't have the correct account number??
  2. so therefore I will lose for sure. Should I just try to settle with them for the full amount??
  3. I didnt anything out ccp98 in any of the forms they sent me. when I sent them to bill of particulars CCP 454 I read that you're able to verify the documents with any agent or representative or even lawyer: CCP 454: "If the pleading is verified the account must be verified by the affidavit of the party to the effect that he believes it to be true;  or if the facts are within the personal knowledge of the agent or attorney for the party, or the party is not within the county where the attorney has his office or from some cause unable to make the affidavit, by the affidavit of the agent or attorney" and and I did read that other post but it only talk about how it showed up to the ladies hearing. I'm not at that stage yet it's my case is being heard in June of next year. and it didn't have his address or anything listen on that sworn statement. "I Clifton inohara, aM the designated agent of Capital One Bank the plaintiff in the above entitled action I have read and enclose plaintiff responses to defendants request for admissions set 1 and know the contents thereof based on the information available to Plaintiff I declare under penalty of perjury under the laws of the State of California that the responses are true and correct" just just wondering what to my next move should be given that we both exchanged interrogatories and admissions ive already asked them 35 question so I don't know what to do next i asked another lawyer for advice and they said that I should fair debt collection attorney cuz the offer might've violated fdcpa, but I don't know exactly how in the she was saying that it was that the debt is being misrepresented or did they failed to provide verification of the debt as they don't have an original contract signed by me.
  4. 115.1 state in detail the fax one which you base your claims that the person asking this interrogatories is responsible for your damages. answer: on or about January 26th 2016 defending reach the customer agreement by failing and continuing to feel to make the payments as required by the customer agreement and monthly account statements the current principal balance due and owing is $2862.31 exclusive of costs. about the 3 accounts: the actually sent me all the statements for my account that is in question it's just that they had different credit card numbers. and the only one that is referenced in complaint is account ending in **83 yes in the interrogatories I asked him many times to admit that they are not the original creditor but they answered that current business name is Capital One Bank. State the name address and telephone number of each individual who has knowledge of facts relating to the incident in specific his or her area of knowledge. answer: plaintiff objections to this interrogatories on the grounds that it is unduly burdensome and not calculated to lead to the Discovery miscible evidence is required by cccp section 2017.010. there are numerous people within plaintiff may have some limited knowledge of the facts related to this case subject in without leaving suggestion however persons with knowledge or information concerning events transactions or occurrences may include all parties to the section two agents and servants and or employees plaintiff for plaintiffs counsel defendants bank or financial institution and numerous vendors. state in detail the facts upon which you base your claims that the person asking is interrogatory is responsible for your damages. answer: on or about January 26th 2016 defendent breached the customer agreement failed and continuing to fail to make the payments that require a customer agreement and account statements 1. admit plaintiff versus accounts and therefore has no personal knowledge over the creation of this alleged debt. 2. admit plaintiff purchases default debts or small percentage of the original balances 3. admit 90% the original creator of the alleged debt claimed in the complaint 4. admit plaintiff is unable to produce of proof of ownership of alleged debt for account number **83 1-4 answer was: plaintiff subjects to this request to the extent that it seeks information that is immaterial irrelevant and reasonably calculated to lead to the discovery of admissible evidence notwithstanding the noted objections and subject there to Plaintiff denies and yes cause of action was breach of contract and they sent to me 2014 agreement unsigned and my account opened in 2011 and they said breached contract in Jan 2016 when I stopped and refused to pay starting August 2015. also they had a declaration stating that Clifton inohara (lawyer in Sacramento and the case is in Los Angeles) stating he knows the day to day business and he is an agent for capital one and he verifies that he has personal knowledge of my account. my question is how on Earth can this guy say he has first hand knowledge of my account? I'm pretty sure he only just found out about my account when I found out about them suing me which began in May 2017. what gives him the credibility and authority to say he has personal knowledge of my account??
  5. plaintiff is capital one. but my case name on the lacourts website case summary is "Case Type: Collections Case - Purchased Debt (Charged Off Consumer Debt Purchased on or after January 1,2014) (Limited Jurisdiction)Status: Pending" Parties Plaintiff: CAPITAL ONE BANK [USA] N. A. Defendant: **** Attorney for Plaintiff: BLEIER ELIZABETH A. Party Information Histories (Dates listed in descending order) 06/27/2017 MATTER SET FOR COURT TRIAL ON 06/25/18 AT 08:30A M, IN DEPT. SEB . 06/27/2017 PROOF OF SERVICE FILED RE: THE GENERAL DENIAL . 06/27/2017 NOTICE OF COURT TRIAL FILED AND MAILED TO RESPECTIVE PARTIES/COUNSEL. CLERK'S CERTIFICATE OF SERVICE FILED. 06/27/2017 REQUEST TO WAIVE COURT FEES FILED BY (******) . 06/27/2017 ORDER GRANTING REQUEST TO WAIVE COURT FEES SIGNED AND FILED AS TO (*****) . 06/27/2017 GENERAL DENIAL FILED OF (*****) , RESPONDING AS (*****) . RECEIPT # FEES WAIVED . 06/14/2017 PROOF OF SERVICE RE: SUMMONS AND COMPLAINT FILED. SERVED AS TO (*****) ON 06/08/17 . COSTS OF $ 70.00 05/24/2017 OSC HEARING IS SET FOR 04/22/20 AT 08:30A M., IN DEPARTMENT SEB . ORDER TO SHOW CAUSE HEARING SIGNED AND FILED BY THOMAS D. LONG, JUDGE TO SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF SERVICE AND FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO CRC 3.740. CERTIFICATE OF MAILING FILED. 05/08/2017 COLLECTIONS CASE COMPLAINT FILED PURSUANT TO CRC 3.740. RN NOR455371110. Filing Fee: 225.00 05/08/2017 SUMMONS ISSUED. 05/08/2017 SUMMONS FILED. 05/08/2017 DECLARATION RE: NON-MILITARY SERVICE FILED.
  6. nope no evidence whatsoever. I didn't get to see my statements and an agreement until they sent the bop. and I'm not sure who I'm being sued by because capital one when I call them and then it transfers directly to bleier Cox with a disclaimer voicemail stating that they are a debt collector. but when I asked them to admit that plaintiff purchases bad debt for a small amount they answered: deny they as plaintiff is OC.
  7. 1. Who is the named plaintiff in the suit? Capital One 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Bleier and cox 3. How much are you being sued for? $2800 4. Who is the original creditor? (if not the Plaintiff) Capital One but case title has changed to “Collections Case - Purchased Debt (Charged Off Consumer Debt Purchased on or after January 1,2014) (Limited Jurisdiction) 5. How do you know you are being sued? (You were served, right?) was served by a man yelling my name out on the street in front of my gate 6. How were you served? (Mail, In person, Notice on door) a blavk guy handed it to me 7. Was the service legal as required by your state? probably yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? i had received collections noticed but they were not from cap one and may be from other cc account i dfaulted on 9. What state and county do you live in? California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) jan 2015 11. What is the SOL on the debt? To find out: 4 years 12. What is the status of your case? Suit served? Motions filed? post first round of discovery interrogatories and admissions submitted and responded by both sides already 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes to no avail 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No but i sent bop a few weeks ago and got back statements from 3 unrelated and accounrs not named in this suit. there is only one account they are suing for and the statements they sent me are of only 4 months and this account dates back to 2011. 15. How long do you have to respond to the suit? (This should be in your paperwork). 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. Did you receive an interrogatory (questionnaire) regarding the lawsuit? breach of contract on or around jan 2016 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing at all. only bop had agreement generic from 2014 and affidavit from clifton inhara a lawyer who has personal knowledge of my account hi i was wondering if it's possible to receive assistance from you given i am being sued in a limited civil collections case(~$3000) that is as of now both plaintiff (capital one represented by bleier cox although the case changed it went from just limited civil collections case to limited civil purchased debt, that was purchased around or after January 2014.) The truth is that I tried to ask them in the interrogatories and admissions to admit that their debt buyers but they still claim to be the original creditor even though on the case that says purchased debt. So I don't know if there is masquerading as original creditor but actually are debt collectors. They also stated in the interrogatories that I had continued to breach and breach the contract in January 2016 When I sent the request for Bill of particulars they sent me back a stack of papers with statements regarding all three accounts that I had with Capital One but in the complaint originally there was only one account that was highlighted there. And the Bill of particulars did not have all of the statements for that account. I sent them interrogatories and request for admissions and I would like to have you go over them possibly for me I can post them an email all the documents that I've received from them if it's possible for you to help me out at this stage of my case please let me know if you can help me I will appreciate it very much as I don't know if it's even possible to receive help at this stage. I don't know exactly what to do next because there are many things I see wrong with their documentation and what they do answered in there admission and interrogatories. Also they have an affidavit from a person who I found out is a lawyer Clifton inohara in Sacramento a lawyer who said that he's an agent of Capital One and knows their day-to-day business and its lawyers in Sacramento I looked it up on the internet it just seems funny to me that for a lawyer to have personal knowledge of my account. And to verify that it's all true and correct what they've said. I'm sure I have a lot more that I need to say and clarify but I will do that at a later date to save you from reading my life story in this matter
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