CapOneFL

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About CapOneFL

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    Florida
  1. My wheels started spinning after I made my last post. Would a general power of attorney allow me to speak on her behalf?
  2. Just got back from court. We were screwed by the clerk of court. Due to a clerical error by the court, our summons to appear had wrong case # stamped on the document. Which caused our Election of Arbitration letter to have wrong case# and also our MTC filed with court to have wrong case #. So basicaly Plaintiff claimed we had wrong case# on our documents they never received them and asked to re-chedule in February. Prior to speaking with the judge we had to sit with a mediator and plaintiff. When I tried to speak on my girlfriends behalf, I was verbally smacked and told that I was not allowed to speak. So I spoke to my GF and instructed her on how to respond to their questions. I was also informed by the judge that I was not allowed to speak..... ( HOW DO I FIX THIS) How can I speak on her behalf????
  3. I did not post the actual case number:) just similiar. Spoke with Clerk this morning, explained the error with wrong case number on summons to appear. She stated the original summons had case# crossed out and corrected, was not sure why we had wrong case printed on ours, but she would re-record our MTC with the corrected case #. Pre-trial still scheduled for tomorrow morning, am starting to get butterflies. Any suggestions for court.
  4. Filed MTC on 11/30 I used the case number on the summons to appear 51-2011-sc-2266-ws Just checked county website to see status on pre-trial set for 12/8 When I searched by name the case# is different 51-2011-sc-2233-ws My MTC is filed under somebody else. Basicaly case number on my summons does not match case number on record. How do I correct this?
  5. Filed motion yesterday morning. On the way to courthouse my GF started to cry, I asked what was wrong and she said she did not have $300 to file the motion. I told her I would pay the filing fee. I was suprised when I handed the documents to the clerk and there was no filing fee, she even made I copy for me at no cost so I could provide them to the attorney. I asked my GF where she came up with $300 filing fee, she said the attorney's in her office charge this much to file a motion for their clients...... Motion filed, Certified copy of motion sent to attorney, will attend pre-trial on the 8th. Thanks again everyone.
  6. Just a follow up: Sent notice of arbitration election to attorney on Nov 21. Received green card in mail yesterday. Will file MTC with court tomorrow morning. Once motion is filed, do I still need to attend pre-trial hearing on Dec 8.
  7. My GF has been laid off 3 times in the past seven years. The second time she was laid off she was working with a credit counseling company who was helping her to pay off cap 1. Jan 20, 2009 laid off from current employer Jan 28, 2009 canceled agreement with credit counseling company Jan 30, 2009 last payment made to Cap1 from counseling company Jan 10, 2011 Received settlement offer from Global Credit & Collection corp Last payment made Jan 30, 2009 Not sure of charge off date, credit report shows 150 days past due date account charged off. I have attached the only page of the aggrement, which was attached to the summons. Linda7 I would be greatful if you could provide me with a MTC template. Question: I currently do not have the 05 agreement, but if I were to come across it, is it wise to attach it to the MTC? Seems like it would just be providing amunition. Would it be better to submit MTC for Arbitration without it and make reference that the plaintiff(s) intentionaly withheld from the defendant and the courts?
  8. I contacted Cap1 yesterday 11/15 in an attempt to get a copy of the original agreement for 2005. After being transfered to 4 different departments I was finaly told I would have to contact the attorney for any information. I have searched online the past few days hunting for a copy, but no luck so far. Do I contact the attorney and request they send a copy of the original agreement? Do I attach the first page of the agreement which was provided as part of the summons, then make refference that the entire agreement was not provided?
  9. Hello Linda7, Thanks for the quick reply. There is nothing to answer in the summons, only notice to appear for Dec 8 pretrial conference. Where I'm certain they will be waiting to pounce and steamroll her into accepting their terms. Thank you for the election letter, I have copied and added her information, will get to post office today. Also thanks for the link, I downloaded capOne agreement from you two days ago Question: Girlfriend handed me some old statements last night, Jan 09-Jul 09, along with a collection letter from GLOBAL Credit & Collection Corp with a settlement offer of 70%. My assumption is that CapOne charged off account, sold to Global, who sold account to current attorney??? Do I still need to send Notice of Arbitration Election to CapOne? Will check out Debtorboards tonight, and ask about filing the MTC Arbitration before pretrial conference on Dec 8.
  10. I can't thank you all enough for having this forum available. I have been reading various post the past few days and would like to say I am greatful, especially to Trueq , MGO5 and to Linda7 for the information you have provided. On 11/3 I stopped by my girlfriends house to check on her dog(not feeling well) While I was there a process server knocked on door, asked if my gf was home, I responded with NO. He then asked if I was her husband, again I replied with NO. I then explained I just stopped by to check on dog. He then handed me a summons to appear for pretrail conference in her name. He further added that he thought it was frivolous to go to court over such a small amount. State is Florida OC is Capital one Pretrial conference is set for Dec 8 10:45 am Filed by POLLACK & ROSEN, P.A Attached to summons was the first page of agreement dated 6/11/05 no arbitration verbiage And a copy of statement for Aug 2009 Please let me know what other info is needed so you may help me to help her. Thank you,