asparky

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About asparky

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    colorado
  1. The law was originally made for the laymen, and should be for the laymen, not the professional. The only thing that makes us equal is the equal access to the law, and equal access is not paying lawyers $3000 for a $300 alleged debt. The law is and should be for the pro se not the professional. Not doing your own plumbing isn't close to being analogous.
  2. My resolution to this matter was very much to my liking. Needless to say out of court can't talk about it. Thanks for all the input and thanks to Creditinfocenter for the knowledge.
  3. Update: I received a counteroffer today from the lawyer, Cap One will delete the tradeline and forgive the "$6870" debt for a payment of $1470. Which is a settlement offer I sent them 2 years ago when I thought this was my wife's account. No bearing now, I think. They have no contract writing or oral, I know for sure about the written, assuming the oral. They did admit this was opened over the internet, so no oral. Any opinion on the counteroffer? I am unemployed at the moment and really don't know if I have the resources to get that kind of money. It was hard just spending the money to file the lawsuit.
  4. SBD They sued me in small claims, and yes it seems pulled out because they found out through an email to their litigation dept that I was ready to defend. After no success dealing with them over the phone after the dropped lawsuit, I filed suit in County Court, and they removed it to District court. I have considered a remand but it seems they have the right to remove the case to District because of the Federal question and that seems is enough reason stated to be removed. I am under the assumption that it can be remanded by the judge simply because this action should be decided in the County Court, but that is their decision. My first impression was after 2 years if they do not have an answer now, they will never have, and to be very skeptical of an extension. And of course how abrasive Cap One has been with me, but the agreeable side of me is winning out. I heed your comments about their delay tactics and will stay on my toes. Thank You for your thought provoking input.
  5. Thanks both for the thoughtful opinions and commentary. It is much appreciated.
  6. Thanks for your post, I appreciate the calmness, Cap One has been acrimonious about this, and its hard to see them in an appeasing way. Its definitely nice to get the opinions of the posters on this site to make an informed decision either way.
  7. I am suing Cap One under FCRA 1681, Truth in Lending Act 15 USC 1643 and Reg Z 226.12. Also Colorado RS 5-3-108 and 6-1-105. The complaint... If you would like to see the complaint please contact me or tell me how best to put it on. They sued me, I was ready, they dismissed the day before court, without prejudice. I contacted them through their email litigation address they sent me. Nothing, Contacted them by phone, they essentially told me they would not talk to me because of a cease and desist order. That I did not do. Thats when I decided to sue. The Friday before my court date to find out their Answer I received a Notice of Removal in my email. I called the attorney, (very nice), and asked about the Notice of Removal and also gave background on the case, since they had just gotten it. They offered to submit to Cap One the dismiss for not being held liable for purported debt settlement. Attorney called me back Monday to inform me of her progress, none. Called me back Tuesday to ask for a 21 day extension of time to file. They told me Cap One should have a counter offer to me through them by Wed morning but in the meantime the extension would help me in Cap Ones settlement offer towards me, since they wouldn't have to spend money to file an answer. I am and was very skeptical. Should I grant the extension?
  8. CRS 13-80-101(g) seemed to work, Cap One dropped their case, whether or not the statute was the deciding factor, it seemed to add to the defense.
  9. Well I haven't paid anything yet. So you are saying it is within the realm of possibility to get HSBC to agree to a "paid in full" tradeline vs the "Account legally paid in full for less than full balance" they offered?