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legal_loansharking last won the day on April 4 2009

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About legal_loansharking

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  1. Is the attorney Stock & Grimes? I proved in PA that the SOL is 3 years when dealing with Cap 1. Their customer agreement states that this agreement is goverened by Va state law and Federal laws. Well, the SOL in Va is three years. Case Number : 08-054169 CAPITAL ONE BANK VS ALLMAN, M ORDER FILED. AND NOW, THIS 30TH DAY OF APRIL,2010, AFTER A BENCH TRIAL BEING HELD, THIS COURT FINDS, PURSUANT TO PLAINTIFF'S CHOICE OF VIRGINIA LAW, THAT PLAINTIFF'S ACTION IS BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS AND PLAINTIFF'S CAUSE OF ACTION IS HEREBY DISMISSED. (PAGANO, J. 4-30-10) 236 N/S 5-3-10
  2. Use their own rules in the cardholder agreement against them as I did. In the cardholder agreement it states that this agreement is covered by virginia state law and federal law. Virginia law superceded my state law since they were the master of their own contract and the SOL is 3 years in VA. After a bench trial the judge ruled in my favor 08-054169 CAPITAL ONE BANK VS ALLMAN, M 04/30/2010 3:30PM ORDER FILED. AND NOW, THIS 30TH DAY OF APRIL,2010, AFTER A BENCH TRIAL BEING HELD, THIS COURT FINDS, PURSUANT TO PLAINTIFF'S CHOICE OF VIRGINIA LAW, THAT PLAINTIFF'S ACTION IS BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS AND PLAINTIFF'S CAUSE OF ACTION IS HEREBY DISMISSED. (PAGANO, J. 4-30-10) 236 N/S 5-3-10
  3. You did fine..... Another day or two or three away from work. No more stress coming from this account..... 500 is cheap.
  4. a credit card is an open-ended account. If your last payment is over three years ago from the time the suit was filed with cap one you will win. If not they have all of the paperwork usually.
  5. Yes you can....only when you are disputing their legal fees attached to the case....
  6. Typically the SOL starts when the payment was received from the auction house not the date of the repo. This was when they used the collateral (the vehicle) to cure the delinquent contract.
  7. If you just want your credit report fixed without going to court go to and file a complaint. This is the OCC website, they will investigate.
  8. You need to research you own bank statements and see exactly when the last paymet was and you can use this as evidence. A customer agreement in 2006 is fine. They can change the terms at any time. Was this debt assigned or purchased? JDB's will manufacture evidence to support their claim. Does it look fake? Does the person who signed the assignents work for the JDB???? If so it is all hearsay......If there is an affidavit from the OC, call the OC and ask for the person to see if such person exists. Talk to the person and see if they recall the affidavit.
  9. I beat Capital One in court.....The judge included in his ruling among other things that since the customer agreement states " This agreement will be governed by Virginia State law and Federal Laws". They chose their own choice of law provision and has been held up in court all over the country. So the SOL is 3 years on a Cap 1 case. Capital One keeps good records...They will provide copies of all statements. But you can argue the fact that this is not a valid contract since there is no signature on anything. You do not have or recall receiving the FTILA disclosure that is required for a valid in this instance credit card contract. In the paperwork they will send, it will have a customer agreement or multiple customer agreements. They all state the terms of this contract can be changed at any time. Without the FTILA disclosure you have no idea where the intrest rate started or where it could go to, thus invalidating the contract. File a motion to dismiss based upon lack of standing. The case was not proven with the paperwork they provided.
  10. Be careful here......Is it a recent account, still within the SOL of 3 years from the state of VA?
  11. The part that is never mentioned is when the JDB attorney calls the defendant to the stand. If the defendant incriminates his or herself, its over. Be extremely careful how you answer the questions or you will be "steamrolled". A lot of "No's and I dont recall" help, but stick to the questions and dont help them by elaborating or explaining anything. When presenting your case to the judge, you can tell your side of the story, your ex did this or that, it was id theft etc..... Just as long as you do not say that this is yours debt/acct or whatever. Tell the judge there is nothing here with my signature on it. No loan application, just computer generated statements....... Each case is different, but after reading this hopefully you get what I am trying to say.
  12. I agree but water is a necessity. Gas service is really a luxury. I compare it to our wonderful law in PA that clothing is not taxable, but a bathing suit is, since it is a luxury item. A home or a rental can exist without Gas service. A home or a rental cannot exist without water. I agree with the water bill as it is in the property owners name and the property owner can keep tabs on it if the tenant is responsible for paying the water bill. But being responsible for someone else's gas bill in their name makes absolutely no sense logically at all. That is why i used the analogy that my mortgage company is responsible for all of my debt. LOL...... This entire idea is beyond stupid. And how much does each city council member make a year anyway?????? I cannot believe it....I am at a true loss for words........
  13. Thanks for your input. But....Is this even consitiutional? I mean how can a property owner be responsible for a tenants gas bill? The tenant had to go to the PGW office, sign up for service, show a lease....Hopefully pay a security deposit and have the gas turned on under their name or their business name. Probably had to also show a EIN (Federal Tax ID Number). For them to send out 3 letters in July 2010, the first my buddy has ever heard about any balance he is responsible for his old tenants gas bills from 2000, 7/2007 and 11/2009. This is just like saying My Mortgage company is responsible for all of my debt. After all they own the property still until it is paid off. Playing devils advocate here, but in this instance the gas was used solely for cooking in the restaurant. It was not used to provide heat so the pipes dont freeze in the winter. So technically the owner had no benefit of the gas usage at this property. It has a Oil heater which is probably 30 years old and an electric hotwater heater and no gas service is on now since it is not needed in the retail store. PGW just needs to shut off the gas for the people who do not pay. I am glad I moved from the city in 1994. Who needs people that dream up ideas like this running a city anyway. Why not hire a legitimate collection agency to collect these unpaid gas bills.
  14. Yes the Philadelphia Gas Works is going after property owners for their tenants unpaid Gas bills. keep in mind PGW is owned and operated by the City of Philadelphia. A buddy of mine has a commercial property and rented it out. He received 3 letters stating they put 3 liens on his property for unpaid gas bills. The kicker is that the bills were never his. The gas accounts were under his tenants names as they used the gas utility. The first one is easy it is from a final bill in 2000....Way out of statute. The second one is from 1997.... The third is from 2009. How in the world can they justify going after the property owners in these instances when the property owners did not benefit from the gas being used, nor were the gas accounts in the property owners names? In this particular property it was rented as a restaurant. The gas was used for the ovens and obviously the ovens were used to prepare and sell food. Currently it is a retail store, the gas is shut-off as there is no need for it. The hotwater heater is electric and the heater is oil. Any advice or case law would be appreciated.