deadbeat00

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About deadbeat00

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  1. It would be good if you could start your own thread.
  2. Essentially yes! They are trying to convert consumer debt into the business debt based on fraudulent affidavit. Here is the Arbitration part. http://www.creditinfocenter.com/forums/arbitration/310892-business-credit-card.html
  3. I did. 35 here http://ocsatire.com/JAMS/Affirmative Defences C.pdf and 25 here http://ocsatire.com/JAMS/Affirmative Defences G.pdf Unfortunately I am in JAMS arbitration so the discovery is handled differently by arbitrator allowing what can be discovered. So if I want discovery I must file a motion for a conference first.
  4. At which point it is argued? If the burden of proof is on them should I file any motion? "and if one sticks" ..... It is virtually impossible to win. There is no judge who will rule against the bank on 35 ADs one will stick. So I may be the first case in your challenge.
  5. It appears that the bar of proof has been raised to "plausibility standard" not only to the complaint but to the affirmative defenses too in the FEDERAL COURT. So that should be good news for me as Plaintiff (Claimant) Alston & Bird Labor & Employment Blog | DON The following cases have held that the Twombly plausibility standard does apply to affirmative defenses: Home Mgmt. Solutions, Inc. v. Prescient, Inc., No. 07-20608-CIV, 2007 WL 2412843 (S.D. Fla. Aug. 21, 2007); United States v. Quadrini, No. 2:07-CV-13227, 2007 WL 4303213 (E.D. Mich. Dec. 6, 2007); Holtzman v. B/E Aerospace, Inc., No. 07-80551- CIV, 2008 WL 2225668 (S.D. Fla. May 29, 2008); Safeco Ins. Co. of America v. O’Hara Corp., No. 08-CV-10545, 2008 WL 2558015 (E.D. Mich. June 25, 2008); Stoffels v. SBC Communications, Inc., No. 05-CV-0233-WWJ, 2008 WL 4391396 (W.D. Tex. Sept. 22, 2008); Greenheck Fan Corp. v. Loren Cook Co., No. 08-cv-355-jps, 2008 WL 4443805 (W.D. Wis. Sept. 25, 2008); Teirstein v. AGA Medical Corp., Civil Action No. 6:08cv14, 2009 WL 704138 (E.D. Tex. Mar. 16, 2009); Shinew v. Wszola, Civil Action No. 08-14256, 2009 WL 1076279 (E.D. Mich. Apr. 21, 2009); FDIC v. Bristol Home Mortgage Lending, LLC, No. 08-81536-CIV, 2009 WL 2488302 (S.D. Fla. Aug. 13, 2009); In re Mission Bay Ski & Bike, Inc., Nos. 07 B 20870, 08 A 55, 2009 WL 2913438 (Bkrtcy. N.D. Ill. Sept. 9, 2009); Tracy v. NVR, Inc., No. C 09-02429 WHA, 2009 WL 3153150 (W.D.N.Y. Sept. 30, 2009); CTF Development, Inc. v. Penta Hospitality, LLC, No. C 09-02429 WHA, 2009 WL 3517617 (N.D. Cal. Oct. 26, 2009); Bank of Montreal v. SK Foods, LLC, No. 09 C 3479, 2009 WL 3824668 (N.D. Ill. Nov. 13, 2009); Hayne v. Green Ford Sales, Inc., --- F.Supp.2d ----, 2009 WL 5171779 (D. Kan. Dec. 22, 2009).
  6. Yes they are in the California under the Rosenthal FDCPA ("RFDCPA") Well, they will claim it anyway.
  7. I will post them soon just for a kick of it. But the main question still remains, lets say they can prove some and not others, does it make any difference? Can they withdraw some without losing their defenses. It is all relating to my FDCPA claims and damages. 35 here http://ocsatire.com/JAMS/Affirmative Defences C.pdf and 25 here http://ocsatire.com/JAMS/Affirmative Defences G.pdf I think some are good.
  8. Lots has been written here on subject of the Affirmative Defense. However, somewhere I have read that if a defendant uses Affirmative Defense the burden of proof shifts to him and if he fails to prove it he may lose his case regardless of plaintiffs claim factually. I am complainant in FDCPA Arbitration and respondents answered with about 45 Affirmative Defenses which many cant even qualify as such. I would like to turn table against them. How should I go about it if possible?
  9. Exactly! Read the first paragraph of the agreement and it will say what everything it contains. There is no mentioning of any addendum. Also check the invitation small print just below Business Name, there is your arbitration notice, however, no addendum. Without a copy of the invitation deny everything. That is the only signature they should have.
  10. You should check how did you filled out the invitation. If you can't locate it ask for it. It has your signature, name of the company and check boxes on the top. See http://merlin4x.com/capital/invitation.pdf If you have checked a Sole Proprietorship or similar Partnership (not corporation or limited partnership) and designated an owner as signatory it may overwrite the alleged Small Business Addendum if they will pull one on you because in the eyes of the law, a sole proprietorship is not legally separate from the person who owns it. There is no entity, only a fictitious name without any legal power to act as business. You are the business - natural person. Therefore, any debt is “consumer debt” incurred by a natural person in exchange for property, services, or money acquired on credit for personal, family, or household purposes.
  11. Firstly, they must show some purchase after the bankruptcy was discharged. Did they? Secondly, do not be nervous and figure what you want from the settlement. How much are we talking about? But, I would not settle unless you see some statement that there was a purchase and some statement demanding payment. That shouldn't be so difficult to prove. The lawyers are liars!
  12. OK, I am attaching Consumer Agreement 2002, 2005 and Small Business Addendum. Unfortunately these files are too large for this forum allowance so here are the links to uploaded them from: The quality is pure but same as purported to me by the Capital One's lawyer. http://merlin4x.com/capital/Consumer Agreement 2002.pdf http://merlin4x.com/capital/Consumer Agreement 2005.pdf http://merlin4x.com/capital/Small Business Addendum.pdf Caveat: The Small Business Addendum is the Capital One's fraud! They have such addendum for some credit cards which were specifically designed for business activities like Miles One card. The point is that regardless of a use of the card Capital One considers any use, as a business use, based on this addendum. However, there is no connection between the Agreement and Addendum written nowhere so it is difficult for Capital to claim its validity. In may case they tried by submitting a fraudulent affidavit in which they used all evidence related to Miles One card and my card is not. Furthermore, the 2008 agreement has reference to this addendum but the addendum is 2002 so there is no 2008 addendum which is difficult for the Capital One to make these documents as joint agreement. In 2010 Capital One split agreements into Customer and Business agreement where the Business one has provision that any purchase is business to avoid "consumer debt" claim per FDCPA. Good luck!
  13. It looks like someone is mad about the Capital One see Capital One Bank Sounds familiar? Someone started new page abot Capital One
  14. As to complaint, it is 7 calendar days. If you need more you can email to opposing party cc to JAMS and ask for extension. It all depends on other party not JAMS. The arbitration is different than litigation. The JAMS is only like a referee. All approvals come from the parties them selves. You will mail complaint to JAMS and all parties in the caption excluding yourself. You should also e-mail copy to all. It is post office stamp which determines a time. You will include certificate of service CERTIFICATE OF SERVICE I do hereby certify that I have caused a copy of the foregoing to be mailed to counsel by electronic mail and U.S. Mail, properly addressed and first class postage prepaid on this the ____th day of February, 2012. Name of the case administrator JAMS, Case Administrator Address City, State Zip name@jamsadr.com Same for all parties named in complaint. ------------------------ Signature of someone other than yourself or party to this arbitration You do same for all pleadings motions responses and replies. As to judges they are all biased, pro bank, so it does not matter.