flanole

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About flanole

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  1. BV80...check out the Pincus referenced earlier in the thread....it is directly on point regarding my case and should generate a dismissal if I am lucky...but within the ruling are several other cases that definitely determine that a credit card agreement is an oral contract in Florida....4 year SOL....more importantly....can you help me find a link to or someone who can pm me a copy of the 2005 Customer Agreement for Capital One...I have a Pre-trial hearing on Friday and am having no luck.....thanks
  2. Secondly I have prepared a MSJ based on existing case law as best I could find it for Fla. Cap One customers....once again welcome any and all feed back.... MOTION FOR SUMMARY JUDGMENT IN FAVOR OF DEFENDANT 1-Under collateral estoppel, once a court has decided an issue of fact or law necessary to its judgment, that decision may preclude additional unnecessary litigation of the issue in a suit on a different cause of action involving a party to the first case, and plaintiff’s claims are barred. In support of this action Defendant cites the following cases:  502007SC016285 Capital One Bank v.
  3. After further investigation the Motion to Quash process of service is out so I have prepared a Response to the Claim by Cap One based on the Choice of Law SOL defense asking for dismissal....would appreciate any feedback... Comes now the Defendant, Kevin T. O’Brien (appearing pro se), and files this ANSWER TO CLAIM AND MOTION TO DISMISS CLAIM in response to Complaint and Motion For Summary Judgment filed herein by Plaintiff, Capital One Bank (USA) N.A.. as follows: All answers correspond to the numbered paragraphs of the Complaint. All allegations of the Complaint are denied unless expressly
  4. While you were responding I registered at Floridadebtor and was waiting for confirmation when I came across the Pincus case...and apparently several others that support the position that I am 1-Under the Rule of Virginia Law based on the Agreement 2-Virginia has already affirmed this is an oral contract 3-The SOL in Va. for Oral contracts is 3 years... soooooo....when does the clock start for SOL in Va.??? I made my last payment in Jan. of 2007....account was charged off in Oct. 2007... So strategically speaking the argument is valid regardless of whether I am in court or arbitration, but by
  5. I am also dealing with Capital One but in Florida....Details of my situation are...included in my original post Sued by Capital One in Florida Linda 7-I opened my account in 2002....went 30 days PD in April 2007 and Charged off in Nov 2008.....what Cust agreement applies...2005 was included in my copy of complaintAlso, I have been made aware of Case Law in Fla that would confirm Choice of Law is Virginia....with 3 year SOL.... According to FL case law, the SOL for credit card debt is 5 years. Gaisser v. Portfolio Recovery Associates, LLC, 571 F. Supp. 2d 1273 - Dist. Court, SD Florida 2008 Gai
  6. Linda7 BV80 suggested I review your posts on arbitration....can you take a look at my post "Sued by Capital One in Florida" and provide some insight/direction??? Plaintiff Capital One/Suit filed by Zakheim & Lavrar "Attorney for Plaintiff" * Suit Type: Limited Civil Case (under $5,000) * State: Florida * Amount: $984 plus interest at 28% from November 2008 * Type of debt claimed by plaintiff: Account Stated What is the difference in Account and Account Stated? * See my post, but there already exists case law that supports Rule of Law should be in Virginia, Cap One HQ, due to it being clear
  7. BV80-Thanks for the info...It seems Cap One still owns debt (below from Experian) CAPITAL ONE Address: PO BOX 30281 SALT LAKE CITY, UT 84130 (800) 955-7070 Account Number: 486236237292.... Address Identification Number: 0062181908 Status: Account charged off. $985 written off. $1,285 past due as of Nov 2008. Date Opened: 05/2002 Reported Since: 05/2002 Date of Status: 10/2007 Last Reported: 11/2008 Type: Credit card Terms: NA Monthly Payment: $0 Responsibility: Individual Creditor's Statement: Account closed at credit grantor's request. Account History: Charge Off as of No