SpudGirl

Members
  • Content Count

    15
  • Joined

  • Last visited

Community Reputation

10 Good

About SpudGirl

  • Rank
    Newbie

Profile Fields

  • Location
    ID
  1. The original complaint said "Defendants have defaulted on the obligation under the contract" - reference to a business credit card that I was apparently tied to personally.
  2. BV, I'm feeling a little discouraged. This atty seems to have everything in alignment. The only thing I am questioning so far is that in my discovery request, he objected to showing copies of all statements on the account. It makes me wonder if he doesn't have access to it or if he just doesn't want to do it unless forced to. Any suggestions?
  3. Strictly business. Never used for personal purchases. Does that make a difference?
  4. Linda, one more thing.... I've been reading the arbitration board. The card I had with Cap One was a business card. According to some posts, that changes the game but I am not sure how. Any opinion? Also, the card agreement attached to my suit was from 2010. As I mentioned in my previous post on this thread, the account was technically defaulted in 2010, but "restricted" in 2009, i.e., no new transactions were to be posted to the account. It was opened in 2006. So, again, should I try to strike the 2010 agreement and make them provide an earlier agreement that would have the arbitration clause in it?
  5. BV80, There was no affidavit - I was kind of surprised about that. I don't know if this matters as far as any proof or affidavit is concerned, but in their answer to my discovery they stated they would call as a witness 4 different people from Cap One's legal response team. I googled all the names. Only one came up with a result and he is the VP of legal asset recovery services. He lives in VA - highly doubt a VP would come to my state for a piddly amount of money. Maybe they'll get a sworn statement from him? They also want to call me as a witness. Scare tactic?
  6. Wow - from everything I've read so far, I thought I was supposed to avoid arbitration at all costs. It is Cap One and the atty suing me might actually be their atty. There is a larger law firm that "farms out" registered representatives in different states to legally collect. In their answer to my discovery, they claimed to have Cap One as their "direct client". Okay Linda, you have more experience than I do for sure. The last statement from C1 was around $1500 or so and the atty now wants about $2500. Still worth arbitration risk? I'll start reading the posts about arbitration, but I would appreciate any extra advice/rationale you can give me regarding this. Also, when should I try to compel arbitration - before the initial hearing or after? (They called this hearing a "pre-trial conference."
  7. I know I have seen tons of case law excerpts, but I've been searching for 2 hours now and I can't seem to find what I need! C1 atty attached exhibits to original complaint and to the answer to my discovery. They were un-authenticated - one exhibit contained a couple of statements showing I was behind on payments - the other was a generic 2010 agreement (account was written off in 2010). My hearing is at the end of the month. I plan to file motions to strike both documents a day or two before the hearing. This is what I have so far: To Strike Plaintiff’s Exhibit B (Copy of “The Customer Agreement”) because the Customer Agreement submitted by the Plaintiff is a generic form with a Copyright date from the year 2010 (see attached) which has no bearing on this action. Plaintiff’s Exhibit A shows account dates from the year 2010 with no activity other than fees because the account was already in default. The fact that the Plaintiff issued a particular agreement with particular terms is of little relevance in determining the actual terms of the alleged agreement before this Court. At bar, the Plaintiff has failed to provide proof that the Defendant agreed to such conditions and that these terms and conditions were in effect at the time the alleged account was opened. Motion to Strike Exhibit A – cardholder statements The Defendant asserts that the articles in Exhibit A have not been authenticated and as such are hearsay and should not be admitted as evidence. The Plaintiff has not laid a legally sufficient foundation for the documents provided to be admitted as evidence. I would love to back up these motions with case law. Any opinions out there?
  8. This creditor has not sued me yet. I'm wondering if they typically do.
  9. I'm not really sure, except the posts that I saw it in made it seem like NCO stopped pursuing altogether.
  10. I was served a discovery request from Cap 1 Attorney on May 26. I filed an extension for 60 days to answer which the judge granted (making the due date Aug 26, 2011). Today, July 1, I received a hearing notice in the mail set for July 29, 2011. Can they do that? The lawyers discovery request from me is due July 8. I'm thinking I should file a motion to compel and also motions to strike the "evidence" from the attorney consisting of 2 copies of un-authenticated statements and a generic, unsigned cardholder agreement from 2010. Any opinions? Also, I may need to be out of town on July 29 for my father's memorial service (date not yet firm). Is it possible to get the hearing date moved? Thanks.
  11. Have any of you had issues with B of A stalling on a loan modification (I can hear you all laughing...) They stalled for a while, but I actually got to the point where ALL the documentation was in (including the multiple sets of the same tax return) and I was told it was in the hands of the review team. Unbelievably (call me naive), I received a letter today stating that my modification was missing documents (again requesting the same tax returns) including my reason for hardship, list of monthly expenses and bank statements for past two months. If I don't respond within 10 days they will close the file. It is an obvious stall tactic. Any advice? Is there a way to put some heat on them? thanks.
  12. Has anyone had experience with Profess. Recovery Svcs.? Just got a collection letter today for a B of A account. Do they sue? Also, I read some other threads where people had NCO back off with a DV. I got sued by an atty (for Cap 1) with NCO as the CA. How can I get them to back off? Thanks!
  13. Thanks for the replies everyone! I sent the atty a discovery request on June 15 and also got an extension granted from the judge so that I don't have to respond to the atty for another 60 days. Should I just wait to see if the atty responds with my requests for documentation and play it from there?
  14. Debtfighter, I don't understand how underbilling helps them add fees. Can you please elaborate?
  15. Hi all, I was sued by an attorney allegedly on behalf of Cap One (in Idaho). I answered the summons and was sent a discovery with interrogations, request for docs and admissions along with two exhibits. Exhibit A consisted of two Cap One statements (late notices) and Exhibit B was a customer agreement (without any signature) copyrighted 2010. I think I can handle the interrogatories (with objections to where I work and my bank accounts for the past ten years!) but I need help with admissions and whether or not to try to strike the exhibits. My concern is that Exhibit A has my name, acct number, interest rate of 29.4% and credit limit on it. The statements were from Aug-Sep and Sep-Oct. The account was written off in Aug. Exhibit B doesn’t show my signature, but I made my last payment in Feb 2010 so I think it may be applicable?? I don’t know if the attorney knows that or not. If Cap One gave him a copy of my credit report, he will have that info. I don’t think he really has access to Cap One, but I’m not sure. Cap One last pulled my credit in October 2010. Other facts: The account was opened in 2006. I asked to have it closed in 2009, but they would not “close” it because I had a balance. They agreed to “restrict activity”. Prior to receiving discovery, I didn’t think he would have my account number or any statements, so I denied the account. Now, I don’t know how to answer the following admissions: 1. Admit you entered into a contract with Plaintiff creating a credit account. 2. Admit you agreed to pay for the credit balance on the account. 3. Admit you used, or authorized the use of the Account (which he defined in the terms section of the discovery as the account number on the statements), to obtain goods, services or money. 4. Admit you received periodic written statements which reflected each transaction, including purchases and/or cash advances, finance charges, late charges and payments made on the Account which is the subject of this law suit. 5. Admit you did not dispute, in writing, any charges made on said Account or the application of any of the payments to said account within sixty (60) days. 6. Admit you failed to make the payments pursuant to the terms of the credit agreement. 7. Admit you are indebted to the Plaintiff for the full Account Balance stated above. 8. Admit you agreed to pay interest on the Account Balance at the rate of 29.4% per annum, plus any additional court costs, both pre and post judgment, and attorney fees incurred to enforce the agreement. 9. Admit you have no evidence to disprove or defend against Plaintiff’s claims in the Action. As of today, I have sent the attorney a discovery request based on what I’ve learned from this site and a request to the judge to push out my due date for answering the attorney’s discovery by 2 months to obtain legal counsel. (May or may not do that – I just needed time to answer.) My biggest concern right now is how to answer the admissions. My name is on those statements. I can’t deny them. I think I do have evidence against 7,8, and 9 because I tried to close the account in 2009 and Cap One sent me a letter saying they “restricted” my account as requested. (I closed it because I would not agree to the interest rate or fees). Any help would be greatly appreciated!!