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captaincredit's Achievements

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Advanced Member (3/6)



  1. Dismissal, why? I am the Plaintiff, in case there was confusion. They removed the case on false grounds. They cited Federal Question, but all of my causes of action were state claims. I filed a motion to remand, but it was rejected on the basis of timeliness, which is strange as it was 2 weeks after I received the notice of filing removal.
  2. I was fighting a scum-sucking CA in state and they removed it to Federal. It's been almost 30 days since the case was removed and they haven't filed an answer. Does the time-frame for a default hold up under removal? One would think the clock would start when the case is opened in Federal. Please help as I may be eligible to enter a default.
  3. Thanks all, I'm going to be filing a "motion to remand."
  4. Hey thanks for your input. The Defendants haven't even answered the initial complaint, they were served 22 days ago.
  5. Quick synopsis: I filed against an out of state CA for a number of state claims in California Superior Court. I got a copy of a notice of removal today from the attorneys for the Defendant. They are trying to remove the case to Fed. court. #1) I don't think they can do that, can they? #2) On the cover sheet for the removal, they put "15 USC 1692 et seq." There are NO federal causes of action in my suit. #3) They list an "identical" case as a federal case I had against them a few months ago but got dismissed without prejudice. This is not the same action, that was for federal claims only. This is for state claims only. Please help, want to pre-empt any trickery they try!
  6. In the court's eyes: Better to serve an in-state CA at the working address or the address provided by the secretary of state. (They are different) BTW I have the name of an employee at the working address. Thanks.
  7. Here's their letter: And a copy of the application:
  8. I don't have a copy of the app, I could probably obtain one from Cap1. It was done over the internet, so things get a little blurred. Even so, they can't prove that >I< submitted the app. (The dealership.)
  9. Last October I applied for an auto loan with Capital One. At the end of the application it asked if I would like Cap1 to distribute my application to local dealerships. I specifically said NO. Of course they did and the results was a dozen inquiries. I asked the closest local dealership to provide their permissible purpose. They stated that the app from Cap1 proves PP. So here's the question: Is an app from a third party PP? I don't think so. Legal minds, let me know.
  10. Back in 11/05 I had a collection on my EQ report. I DV'd the company and disputed. They verified without validating. Several weeks later, they sent me a BS validation with all kinds of FDCPA violations. (Overshadowing, etc...) I sent another DV, and nothing. I sent an ITS and they backed off and stopped reporting. Fast forward to 29 days ago, I sent them a drafted fed. complaint and a demand for monetary relief. So today (1 day before I go to file the lawsuit) I receive a letter from their "attorney." Here's the letter: I almost died laughing when I read this letter. First of all, there are spelling errors EVERYWHERE in the letter, probably at least 10. Second of all... ever hear of consumer rights? The FCRA? My MAIN question though is this: Does the mini-miranda at the bottom of the letter make this letter "an attempt to collect a debt?" If so, I've got them on yet another violation. Please get back to me ASAP as I'd like to file tomorrow.
  11. I have seen it raise the score. I have tested it on 3 different times! 10 points on checking or saving and 20 on both. Test it and see yourself... Brad Stop spreading misinformation. Fair Isaac has published a list of what factors go into your FICO and checking/savings is not one of them. Seriously, unless you have concrete evidence of your claims, just keep your mouth closed.
  12. Forget it, there are a million reasons why you shouldn't. Just get a secured card or store card.
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