jilliep80

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About jilliep80

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    Ohio
  1. How long ago did you pay it?? I found with the one collection that I could never get removed (it was a paid one for like $50) that I let about a year go by and then disputed it and it came off pretty quickly!! Good luck
  2. I'm in the same boat as you. I had a negative tradeline scheduled to fall off in May 2011. From past experience with EXperian I know it usually falls off the following month. So today being June 1st I called EX and spoke to someone there. I have an old copy of my report from 2007 and it stated when the account would stay on my report and I told her it said May 2011. It shows nothing there now. She said it should be removed within 24-72 hours so we shall see. The same account on TU says it is to remain on my report until July of 2011. Not sure with EQ. It is a major sleeping giant and since I live in the great state of Ohio, where consumer laws are horrible, I really don't want to take any chances!!! Good luck with getting yours removed though!!!
  3. The pretrial was originally set in May, but I was expecting a baby right around the pretrial date, so I filed for a continuance and it was granted. My account was charged off in Dec 2005 with the last payment in March of 2005. Under VA law SOL is 3 years. If yours is 3 years or older than make sure that you include in your answer under the affirmative defenses, time barred by the appropriate sol as set forth in the card member agreement. If you need to you can file for an extension of time to submit your answer.
  4. Well first off I would like to thank everyone who helped me out regarding my situation. I was served by Cap 1 back in Feb. of this year. My pretrial conference was set for this week and it has been cancelled because the attorneys for Cap1 and myself were able to reach an agreement. This is what I had hoped for all along, most importantly no judgement. Also, I got them to settle at 50%. Which makes me think that my defense of VA law governs may have held up in court. I guess I will never know. Anyways I am just glad to have this behind me. Hopefully Cap 1 will stop reporting as a charge-off every month now!! Only time will tell. Thanks again!!!
  5. The only defense I have is the VA sol of three years. Not sure if a local OHIO judge will allow ths provision of the contract. Bottom line is I don't want a judgement. I just sent them my discovery and they have 30 days to answer.
  6. Okay so here is the deal. The account charged off at $2100. The originl credit limit was $1500. The lawyers for cap 1 have it at $3600 and are willing to settle for $3200. We are in the discovery phase at this time. I spoke with the attorney this week to request an electronic copy of their discovery and he told me to make an offer. I can only afford about $200-$300 a month. What should my offer be....Thanks
  7. The statement that I want them to admit to shows that the 5 year statute would not apply. As the lawyers for cap 1 are telling me VA has a 5 year sol.
  8. When submitting a request for admissions to the Plaintiff can you site case law?? I'm asking the Plaintiff (cap 1) to admit that in order for the customer agreement to comply with the writting requirement for the five year statute of limitation under VA law, it would have to "show on its face a complete and concluded agreement between the parties" I then have several examples of case law for this. Should I put the case law examples in there or just leave it as is?? Thanks in advance
  9. Hey all....i'm in a battle with cap1 and the attorneys are convinced that the SOL in VA is 5 years for a credit card. If anyone has any links for VA law or case law that i can send these guys that shows it is in fact three years I would really appreciate it. Thanks
  10. Hi Everyone, Thanks in advance for your help!! I am being sued by cap 1's debt collecting attorneys in ohio. I have answered my complaint and now the attorneys have sent me the 1st set of interrogatories, requests for admission, requests for production of documents, notice of service of same. It says I have to answer within 30 days and return to their office. 1. Do I also file this with the court? I used several affirmative defenses, but the one that I have the best shot at is the SOL based on the card member agreement. They do have an acceptance ceertificate signed with my name on it. It was one of those things that you got in your bag when you purchased your text books in college. Above my signature it says "I have read the important disclosures and misc. information enclosed and agree to be bound as specified therein. You are authorized to check my credit and employment history and school status, if applicable. So how do I proceed??? Inter #1 Name address and place of employment: Answer the first two and say emoployment is irrelevant....I am self-employed does this matter?? Req for admiss #1: Admit that you opened an account with Capital one bank usa n.a. for an extension of credit known as a visa credit card? Shoud I admit this?? Interr #2 If you deny above, state the reason for your denial Interr#3 Are you or have you ever been known by other names? I am married now, they have the suit in my maiden name. Do I have to give my married name since it was not relevant during the time the account was opened and charged off?? Interr#4 Are you or have you ever done business under any other names, trade names, or assumed names? I don'tthink so unless my married name again??? request for admiss #2: Admit that you received an extension of credit, which you opened by signing an acceptance certificate Like I said earlier they have a signed copy of the acceptance certificate Interr #5: If you deny above state reasons why Request #3: Admit that you received monthly statements for your cap 1 bank visa card account number XXXXXXXXXXXXXX The account number is actually xx's except for the last 4 digits. I moved so many times after college that I did not receive all statements Interr #6: Reasons for denial Req for admiss #4: Admit that you defaulted under the terms and condition of theextension of credit by failing to pay the minimum amount due on time, in the amount stated in the cap 1 statement? Interr # 7: If you deny the abovestate reasons request For Admiss#5: This one is a long one it basically states the amount they say I owe after interest and penalties. The interesting thing is they use the date of 2006 instead of 2005 when the account was last paid on?? Interr #8: if you deny the above Thats just the first few..... Any help or advice answering these would be greatly appreciated. Also should I request anything from them? Thanks again, Jillie
  11. Hi All, I filed for a continuance in my local court for a pre-trial that was set for next week. It was granted to me on the spot at the court house. They told me that I need to call the Plaintiffs attorney and let them know. The Plaintiff is Cap 1 and the attorney is one of there infamous debt collecting attornys offices. I called and they made me go through giving them all of my information, hich I did not want to do. I just wanted to talk to the attorney listed on my summons and let them know the Pre-trial is no longer next week. (a new date has not yet been set). Onc the debt collector got my info she said "OH we are not supposed to be talking to you, there is a cease and discist on your file" I was surprised that they actually took note of this and were honoring it. Itold her I just needed to speak with the attorney handling my case to let them know of a change. She informed me that the attorney listed n my summons no longer works there. I am kicking myself, because mybe just maybe they wouldn't of shown up at the pre-trial conference. Anyways my question is this...do they need to file a motion to leave for withdrawl of attorney or is that something only the defendant has to do?? Thanks in advance
  12. I'm so confused. I love it how they can choose which part of the contract is upheld (ie interest rate) and which part isn't (ie VA law governs) Ugggh,I'm so frustrated!!!
  13. So I have a pre trial coming up next month and I need to fill out the Pre-Trial Memorandum. I'm not sure where to start. They provided a copy of the signed application and I stated several affirmative defenses however, the only one I feel I have a chance with is the SOL based on the original card member agreement. They tried to make it seem like my last payment was march 2006 and charge of Dec 2006. In actuality it was 2005. So here are the questions on the Pre-Trial agreement: *Statement of Issues, attached *Questions of law, attached *Exhibits laws attached *Special damages, list attached *Expert witnesses *non expert witnesses *request for view at trial *jury demand waived *demand jury of __ persons *willing to try issue as liability separately If you have any advice as to how I should answer this that would be greatly appreciated! Thanks so much for all of your help!!!
  14. Sorry I am just confused!! Do you think I should file to amend my answer and include the affirmative defense of Improper venue?