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  1. Trying to advise my friend on how to proceed with CC collection lawsuit from Capital One. This is in Maryland. The complaint form for court shows attorney signature and address. In the section where it shows "application and affidavit in support of judgement" shows a check mark that 'itemized statement of account' is attached, but there is no signature or date at bottom of form for affiant. I mentioned this to my friend and he was wondering if that is needed because lawyer signed a section of the complaint elsewhere and since an affidavit is attached. Looking over the Affidavit and googling the Notary, it appears the Cap One employees are playing tag team and alternating who 'plays' the role of notary and who claims to have knowledge of the debt. Their names alternate in different documents Ive found in other CC Debt collection cases. So I am wondering two things. Is the complaint valid without actual date and signing of affiant ? Is this a clear act of robosigning and bad faith by notary/employees of Cap 1 ? Thanks.
  2. Last night I received a packet from the attorney's representing capital one for a motion for summary of judgement. This suit started in March when I was served the summons. I responded and listed 3 affirmative defenses. 1) Plaintiff failed to state a claim upon which relief can be granted. 2) Lack of Privity (Defendant never entered into a contractual debtor/creditor agreement with plaintiff. 3) Statute of Frauds (contract or agreement falls within a class of contract or agreement that is required to be in writing.) There has been no discovery process. They have simply attached about 24 months of account statements. There is no contract at all and not a single piece of their evidence has my signature on it. They have scheduled the motion for a week from tomorrow. I have to work that day as well although I may be able to have my shift traded. What is the best thing I can do from here? Or am I just at the mercy of the judge hoping their evidence is not enough to over come my defenses? Thanks!
  3. I recently got a Dismissal without Prejudice filed by Capital One (CO) in North San Diego County. I beat them at their own game by following steps taken by other members on this board - specifically SeaDragon. This was a credit card suit whereby CO claimed I owed roughly $3000. CO hired a local attorney in San Diego - Legal Recovery Law Offices; I believe they handle all CO's lawsuit in SD. The Complaint did not have any contract or other exhibits attached and plead only Breach of Contract and Account Stated. Once I was served with the Complaint, the following defense strategy was used: 1. File an Answer ON TIME (within 30 days): You can get the answer form online at your local court. Take the time and Deny each and every allegation raised in the Complaint - "Defendant denies the allegations contained in Paragraphs 1-5 of the Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged ......" . Specifically deny the Paragraph that refers to the written contract - "Defendant denies in Paragraphs 6-8 as there is not, nor has there been any agreement, written, oral or implied with the Plaintiff and Defendant. a. Make sure you read on this board all about affirmative defenses you can raise, i.e. failure to state a claim, court lacks subject matter jurisdiction - lack of standing, statute of limitations, statute of frauds, failure to request arbitration, invalid assignment, failure of consideration, FDCPA violations, and other equitable defenses, i.e. laches. 2. At your First scheduled hearing - REQUEST A JURY TRIAL! Most law firms will drop their cases shortly since costs handling a jury trial will exceed the debt owed. Don't make any offers to settle since it is too early in the game to quit. 3. If you are served with Interrogatories, Admissions, and requests for documents, do not panic. Make sure you respond and answer each interrogatory and deny all admissions. You can ignore producing any documents unless you had sent CO "dispute letters" or similar. If you do not have an answer to the interrogatory, state so with "I lack sufficient information and knowledge to answer this question". Do not admit to anything they ask you. 4. After answering P's Interrogatories - DRAFT YOUR OWN INTERROGATORIES, Admissions, and Production of Documents and serve on P - you can look on this board for examples. I basically used P's format and started with the Contract issues - offer, acceptance, consideration, breach, and damages. I got specific when it came to details of the debt - charges, payments, over limit fees, past due charges, etc.. Make sure you ask for dates on "missed payments" and "last payment made". You want to make sure you nail down specific dates for Statute of Limitations (4 years in CA) facts. b. Production of Documents - very important to request copies of credit application, card holder agreement, changes/modifications to interest charges, statements, and "all other relevant documents". 5. P's response to my interrogatories, etc.. was to send me CO's 2005 Card Holder Agreement and the last two years of statements AND a CCP 98 Declaration by Wandi Chamberlain - CO's legal rep in Lieu of Personal Testimony. In her Declaration she failed to lay the proper foundation/lacked personal knowledge/no authentication required by the Hearsay Exception for Business Records - she was not an employee of CO, only an agent of a subsidiary, did not state when the account was opened, agreement not signed, and other insufficient conclusions - totally bogus boilerplate P Declaration. They also included in their "packet" a CCP 1987 - Requesting Parties to Attend Trial and to cut-off anymore discovery. Of course, they requested that I attend Trial. 6. Now, you MUST send P your own CCP 1987 and request that Wandi Chamberlain appear on the Trial Date - make sure you save your proof of service. 7. By now you have your Trial Date. About 10 days before your trial, PERSONALLY SERVE SUBPOENA DUCES TECUM on Wandi Chamberlain at the bogus address given in P's CCP 98 declaration. Do not allow the Marshal to "sub-serve" anybody else - even if the CCP 98 declaration states that you can serve someone else instead of Wandi. Only name Wandi in your subpoena. The service will fail since Wandi will never travel from VA to appear in court. 8. Before or at your Trial Readiness Conference, file and serve your Motion in Limine to throughout Wandi's declaration, contract, and statements (all Exhibits attached to declaration) as Hearsay evidence. This forum, specifically SeaDragon, has sample Limine motions you can use. Once I served the Limine motion and awaited my trial date - CO caved and filed the Dismissal a few days before trial. CO cannot win any of these cases unless they can provide a "legal rep" capable of providing testimony as to your specific credit card account. All their evidence gets tossed as Hearsay since they haven't gone through the requirements of the Business Records Exception. Wandi's declaration is completely bogus and the fact she doesn't reside within 150 miles of the courthouse and subject to a subpoena, the courts will not allow the declaration and attached exhibits. File an Answer with Affirmative Defenses, Request Jury Trial, Respond and file your own Interrogatories-Admissions and Documents Request, File CCP 1987 Requesting P's main Witness to Attend Trial, and file your Motion in Limine and watch how fast CO dismisses your case. Thanks to all the knowledgeable members here - I hope my strategy will make you a winner against any Capital One lawsuits.
  4. Hi all, I've done a bunch of reading here but am overwhelmed so I'm going to put my story on here and if anyone has advice I'd be very grateful! Served in April 2014 by a local law firm and listing Capital One as the plaintiff. The law firm listed their disclaimers that they are a collection agency. I answered on time and denied the claims. About two weeks later I sent in a Req for Production asking for contract, terms of agreement, all statements, and payments made. The law firm responded with a copy of the contract and terms, all statements which also show payments, and a printout of what they claim to be the online application. That printout basically shows my personal info, not a contract. The debt is appx $10k and was charged off 9/2013. And 90% of the debt came over as a balance xfer about 5 years ago. The previous card company closed a few years ago. I cannot determine if this law firm owns the debt or is representing C1. They had access to all that information, but looking at the law firm website they claim to have invested a big amount of $$ into some computer system that is able to pull that kind of information from somewhere. I'd like to know if they own the debt or C1 still does. This is the point of the process I am now. No updates from the court yet. I'm thinking of filing a continuance to get more time to look everything over in close detail and do anything else that may be to my benefit. What should I do next? Can I challenge that they do not have specific knowledge of the debt? Ask for more info if anything I missed? Total newbie with this and want to do things right to win if possible. Thanks in advance!!
  5. Hello all - I discovered this site after doing some research on a summons I received on Saturday morning. The complaint includes much of the boiler-plate information that I've seen on other complaints on this website and others: [Plaintiff is listed as Capital One Bank (USA) N.A. yet on previous debt-collection documents client is listed as NAN Capital One] [i removed the introductory information which appeared to be pretty standard stuff...] 1. Plaintiff [Capital One Bank (USA) N.A.] is a national corporation... 2. Defendant is who we say he is... 3. Defendant entered into an agrement, a copy of which is annexed as Exhibit A... 4. Agreement establishes an interest rate of 0.0% per year 5. Defendant defaulted under the terms and owes principal, interest, other costs... 6. Under the terms of the agreement, if Defendant defaults, Defendant pays all reasonable costs... WHEREFORE, Plaintiff demands judgment against Defendant for principal, and other costs, fees, interest... [i chose to not include all wording because it's pretty standard as far as I can tell.] I've drafted an answer as follows: Defendant’s Answer to Complaint: Admit in part and Denied in part. Admitted that Capital One Bank is a national corporation. Denied because Defendant does not know enough about the PLAINTFIFF’s business practices to determine if they ‘conduct business’ in Wyoming. Admitted. Denied. There are no documents attached that are affirmatively listed as EXHIBIT A. Further, PLAINTFF has provided no probative evidence that DEFENDANT entered into an agreement with the PLAINTIFF. DEFENDANT objects to the alleged agreement in Exhibit “A”. Denied. This request calls for admission of matter DEFENDANT has denied and thus it is improper. Denied. This request calls for admission of matter DEFENDANT has denied and thus it is improper. Denied. This request calls for admission of matter DEFENDANT has denied and thus it is improper. FUTHERMORE, DEFENDANT denies every other allegation not previously admitted, denied, or controverted. AS AND FOR AFFIRMITIVE DEFENSES PLAINTIFF has failed to state a claim against the DEFENDANT upon which relief can be granted. PLAINTIFF has not provided any probative evidence that the alleged debt is valid or the amount of the alleged debt is accurate. The PLAINTIFF must prove that the alleged principal, alleged interest, collection costs, and attorney’s fees are all correct, were agreed to, and lawfully charged. DEFENDANT also insists that the plaintiff present originals or authenticated copies of the contract, all account statements, full payment history, and purchase receipts to prove the amount of the alleged debt. DEBT COLLECTOR [redacted], has not proven that they are authorized and licensed to collect claims for others in the State of Wyoming or solicit the right to collect or receive payment of a claim of another. [redacted] do not appear to be licensed by the State of Wyoming, Division of Banking, Collection Agency Board, as of February 12, 2014 (i.e., date of the Lincensee List on the Division of Banking, Collection Agency Board website). WHEREFORE, DEFENDANT prays that this Court find judgment for Defendant, deny PLATINTIFF’s request for relief, deny PLAINTIFF’s request for principal, deny PLAINTIFF’s request for interest costs, deny PLAINTIFF’s request for post-judgement interest, deny PLAINTIFF’s request for attorney’s fees, and deny PLAINTIFF’s request for any relief whatsoever. DEFENDANT further prays that this Court hold that Defendant is the prevailing party and dismiss Defendant with prejudice DEFENDANT reserves the right to amend these answers as circumstances require. By the DEFENDANT, pro se. I have also drafted a pretty well-written (I think!) and well-cited Motion to Dismiss based upon the failure to state a claim that I would include, but my Google Drive folder failed me at work. Regardless, I'd like to file this answer today and, if possible, the Motion to Dismiss. Could I have your thoughts on the appropriateness of my answer presented here? Thanks - SHR
  6. OK... I am going to be brief as possible, and instead of my usually super-duper narrative, I'm going to summarize the facts, as time is of the essence, here. My mother is ill, and I am acting as sort of an "ombudsman" in the context of this issue. BACKGROUND: My mother is quite driven, always paid all debts on time.. Previous divorce, 1997, lost it all. Rebuilt credit, bought house, et cetera. Outstanding credit score until loss of income. she's currently going after SSDI with a great case. Husband works 6-7 days a week to pay mortgage, etc., since mother's loss of income. SITUATION My mom had a Capital One credit card. There was a balance of roughly $7,500 when she lost income. Account was closed. She tried to work with them on a payment plan, CapOne sent it to attorney's offices. Payments were being made monthly, $150, until she was unable to continue. Medical bills are horrendous. Just yesterday, Sunday May 16, she attempted to spend $3.49 at CVS, her Check Card was declined. Her husband had just deposited $1,500 to pay a different debt in full, so she expected a positive balance. She never overdraws... Upon calling the bank (Sandy Spring Bank) on Monday morning, they informed her that a "court attachment" had been placed on her account of approx. $7,500, this is the remainder, plus fees from CapOne MY QUESTIONS: -How is it that she received NO mail/service regarding the pending seizure of her personal checking account? -Why was the entire judgement taken out of her account? She had $1,600 balance. They should have been able to garnish THAT, but apparently, because she's now "overdrawn" by nearly $6,000, her debt to Capital One has become a debt to Sandy Spring Bank?? -The judgement against her was issued in December 2013 -The timeline of the garnishment is below: Today's date is May 19, 2014 BELOW is the verbatim copy from the Maryland Judiciary Court Search. Type: WRIT OF GARNISHMENT OF PROPERTY Complaint No.:001 Date: 04/17/2014 Comment:I;04292014;GRP;001;WRIT OF GARNISHMENT OF PROPERTY ;ATP Type: NOTICE SENT Complaint No.:001 Date: 04/29/2014 Comment:NOTICE OF WRIT OF GARNISHM. OF PROP. ISSUE (ATP)-U4 I am to understand that she may file a Motion in the Circuit Court for an EXEMPTION of up to $6,000 within thirty days of service. What I am supposing is the second date above being the date they mean for the 30-day-clock to begin ticking. Please, let me know how best to proceed. Everything I've read indicated that she should have received/been served SOME manner of written notice of the pending garnishment, or that such a motion by the plaintiff had been filed/granted. We got NOTHING to indicate this was in the works, as obviated by her recent deposits and surprise at having had her card declined which hasn't ever happened to MY knowledge... Are we still within thirty days to file for exemption? We are on our way to the courthouse now, I am typing this on my laptop in the car, so please excuse any artifacts and errors. THANK YOU for your time and attention, I look forward to any (serious) response, and I remain, Quite Sincerely, RPC
  7. I'm submitting my answer to the County Court on Monday to this summons, as part of the summons a separate form is included which states I have to complete it, titled Answer Under Simplified Civil Procedure (Including Counterclaims(s) or Cross-Claim(S) There are 5 answers which basically say: The amount of damages claimed to be due to the plaintiff by the complaint is not due for the following: The defendant assets the following counterclaim or set offs etc. The defendant asserts __________________, the following cross claims ______________ If a Counterclaim is asserted about you must check one of the following statements: counterclaim does not exceed the jurisdiction of the court blah blah blah I found this on the State of CO site 2.8 Defendant is asserting Machol Johannes, LLC is in violation of Section 12-14-112. Deceptive forms of the COLORADO FAIR DEBT COLLECTION PRACTICES ACT, by including a “pre-determined” pleading form as part of their summons forcing the Defendant to answer this summons with “pre-determined” statements and claims. 12-14-112. Deceptive forms. (1) It is unlawful for any person to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection or in the attempted collection of a debt that such consumer allegedly owes such creditor when in fact such person is not so participating. (2) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector or collection agency under section 12-14-113 for failure to comply with this article. (3) This section shall apply if the person supplying or using the forms or the consumer receiving the forms is located within this state. I don't know if this is still part of the current law, however, would appreciate any advice, I don't want to be forced into stating I an counterclaiming etc., if I am challenging their right to collect in the first place, The debt with Capital One has been charged off, they have NO attorney of record on my account per conversation with them last week.Thanks for any help..Like ThisQuoteMultiQuoteEdit
  8. I am being sued by Midland (assignee of HSBC). It appears that HSBC credit card units were purchased in 2012 by Capital One. I am at the pre-trial conference phase. Do I raise the issue of account ownership now (standing)? Or am I better off seeing what Midland's lawyers have for documentation? I called HSBC and was automatically transferred to Cap 1 based on my home phone #. I finally talked to a rep that confirmed that Cap 1 now owned the account but it has subsequently been sold to still another servicer. I have requested that info in writing in case I need it. The question is - when should I use it?
  9. First of all I would like to say THANK YOU! This forum and its members have provided me with so much guidance and advice. I am proud to report that I have 0 negatives on my EXP CR. I couldn't have done it without this forum. With a lot of research, patience, and money for those CMRRR letters you too can improve your credit history. If I can do it, so can you!!! Today I received a dunning letter from Northland Group Inc. The original creditor is listed as Capital One but the current owner is Galaxy International Purchasing. Unfortunately, I do not know if this debt is mine. Awhile back a family member began using my social. When I found out it was too late and my credit repair efforts started. The dunning letter includes a past due amount and a substantially lower settlement offer. It also includes the last 4 digits of the original account number. Although, that's not very helpful when the CRA's do not list the last 4 digits of account numbers. After checking my EXP CR, this debt is currently not being reported. But I did notice an inquiry (did not impact score) from Northland right before the dunning letter was sent. Over the last year, I have closely monitored my CR's and have never seen a CO from Capital One or anything resembling this debt. In fact, I have an unrelated Capital One account in great standing. My CL was just increased on this account. I have written a simple, validation letter and will send it CMRRR. I am still well within the 30 day allotted time to request this information. However, I have a few questions. How can I find out the SOL of this debt and the DOFD? I am under the impression that this must be an old debt, past the reporting period. The dunning letter makes no mention of this debt being placed on my CR. I've received a few DL's in my life and when allowed the CA loves to mention that the debt is/will be placed on your CR. I guess time will tell. Any suggestions, comments, or advice is always appreciated. Thanks!
  10. Unifund sued me for a debt originally owned by Capital One. I did not learn of the judgement until my employer was served with a wage garnishment order. I filed a claim for exemption, and Unifund did not contest it. I researched through the court website and learned that the original debt was under $3,000, and Unifund won a default judgment of over $7,000. The court paperwork says that the paperwork was delivered to an Andrew Doe at my residence. No such person exists. I have written and submitted a motion to vacate the judgment based on failure to serve. Unifund claims they mailed the documents to my home, which is false. They submitted proof of service documents to the court. My motion to vacate the judgment will be heard next week in Orange County. Unifund has filed a motion to oppose vacating the judgement, and included the "false" service proof, along with their statement from a lawyer saying he mailed the document. I've not had any opportunity to validate the debt, and I think the statue of limitations may be passed. Other than showing up at the hearing saying there is no Andrew Doe at my residence, what other proof should I take? I don't think that Unifund can produce the original documents from Capital One. I'm told the Unifund attorney will be using Court Call to call in instead of appear, since they are far away. Can anyone give me any advice? Thank you!
  11. I been sue by Capital one bank , I got the request for productions , i have no idea how to answer any help will be appreciate thank you . 1. All DOCUMENTS containing proof of payments not properly credited to Defendant's CAPITAL ONE BANK ( USA ) , N.A credit card account with Plaintiff which is the subject matter of this lawsuit. 2. All copies of cancelled checks , money orders or other payments made to Plaintiff made by Defendant or someone on her behalf but nor properly credited to the Defendant's CAPITAL ONE BANK ( USA ) , N.A credit card which is the subject matter of this lawsuit . 3. Any and all written communications and/or DOCUMENTS from Defendant or someone on his behalf to Plaintiff alleging to or relating to any dispute relating to or arising from any of the transactions included on monthly statements sent by Plaintiff for the subject account . 4. Any and all written communications and / or DOCUMENTS received by Defendant from Plaintiff in response to any alleged dispute relating or arising from any of the transactions included on monthly statements sent by Plaintiff for the subject CAPITAL ONE BAN ( USA )credit card 5. Five signature samples which are more than one year old , accepted examples include , but are not limited to a. A state driver's license b. A state Identification card ; and c. A voter's registration identification card 6. DOCUMENTS providing Defendant[s addresses for the past ten years 7. Copies of any and all correspondence which in any way pertain to this action and that were sent to , or received from , plaintiff 8. Copies of any and all documents signed by you and or Plaintiff pertaining to this action 9. Copies of any and all documents deemed by your to constitute a contract or agreement between the parties 10. Copies of any all documents that would support that you disputed the charges within sixty days of there appearance on your monthly statement as required by your cardholder agreement . 11. Copies of any and all documents that would support any defense , claim or contention asserted by your answer . 12. Please produce copies of any and all documents that support your contention that the amount claimed by Plaintiff is incorrect 13. Copies of any and all correspondence which is any way pertain to this action and that were sent to , or received from Plaintiff . 14. Copies of any and all documents your assert would support a denial of any Request for Admission of fact that your deny . 15. copies of your bank records for the four years prior to this lawsuit 16. If you are disputing the amount owed , produce all DOCUMENTS to support your contention 17. If your counted that Plaintiff is not the owner of the account , produce all DOCUMENTS that support your contention . 18. Produce your current credit report 19 . Produce all documents you may rely upon as evidence in this action .
  12. Served a summons and complaint. Only attached a statement. I'm in Colorado. Is there case law which address the need for authentication of business records?
  13. Hi, I just received a summons by registered letter and I really am confused by what I need to do next. I read through the site, but there is so much information here I am not sure what my next steps should be. I found the list of 20 questions (but there were only 19) and have posted it below to try and wade through some of the preliminary information. Please help if you can. 1. Who is the named plaintiff in the suit? Capital One Bank LLC, C/O Cheek Law Offices LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Cheek Law Offices LLC 3. How much are you being sued for? $1573.94 4. Who is the original creditor? (if not the Plaintiff) Capital One Bank 5. How do you know you are being sued? (You were served, right?) I received a registered letter with the summons. This is the first notice of any kind I received. I never received a letter from the attorney's office. 6. How were you served? (Mail, In person, Notice on door) Mail – registered letter 7. Was the service legal as required by your state? Yes, as far as I know. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I received a letter from Capital One on 3/2013 and 5/2013 stating my debt was in default and I needed to pay before legal action was taken. No prior correspondence from law firm except for two phone calls received while I was not at home. No message was left. I only saw the caller ID for missed calls. 9. What state and county do you live in? Lake County, Ohio 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 6/2012 11. What is the SOL on the debt? Ohio has 5 years, I think. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or ( b ) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Status is complaint filed and summons served. No other status available at this time. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes – in process 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No – I was not aware of a lawsuit until I received this summons. I had already spoken with Cheek Law Offices prior to receiving the letter when I returned their phone calls. They advised me I would be getting the summons. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. I have 28 days from the receipt – which gives me until 10/10/2013. 16.We need to know what the "charges" are. Please post what they are claiming. Complaint letter states: “ 1. Pursuant to the statement attached hereto Defendant(s) owes Plaintiff the sum of $1573.94 as a result of Defndants non-payment of Defendants obligation to Plaintiff under account number XXXX. 2. Defendant(s) is in default of the obligation to pay said balance and the same is now due and owing. WHEREFORE, Plaintiff prays for judgment against Defendant(s) in the amount of $1573.94 plus post-judgment interest at 3.00% per annum, plus costs of this action.” 17.Is the complaint "verified".? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury. There is no verification letter, but they attached a copy of the last statement dated 01/01/2013. 18.Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? No 19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. As previously stated, they attached a copy of the January statement, and a print out of “Capital One Cycle Facsimile Report” for the same date.
  14. Hi! I am not sure if I am posting this in the correct place or not. I am new to this site and hope someone can give me a little guidance. When I was in high school my step sister who was 17 at the time was approved for a credit card through Capital One. I thought wow, if they gave her one maybe they will give me one! Dumb...very dumb I know but at the time I was 16 and was not thinking towards the future. Sure enough I filled out the application online and even filled it in correctly with my real SS# and everything, the only thing I did was change the year of my birth so at the time it would've made me 18. About two weeks later I received my credit card in the mail, with a $550 limit...it took me about two weeks and I maxed it out and never thought twice about it. Now that I am older I realize how much my credit is actually needed. Aside from school loans Capital One is the major thing on my credit report, with a nice total around $2,500 now I'm assuming because of interest fees and such. My fiance and I recently just purchased our first home and I am in the market to be buying a new car. Everywhere I go denies me because of my credit. I have fixed everything with my school loans and have worked a deal out with the Department of Education now it's just trying to clean up the rest. Basically what I am asking is, can I be held accountable for the debt, being that I was a minor and only 16 at the time when they approved me for the card. I do know that it was my own fault for applying and receiving but, shouldn't they have done some more research on me before they approved me? I mean they did have my social so they could have checked my age and everything. Any help would be appreciated and thanks for your time in advance! -Paula
  15. I was sued by Capital One earlier this year. I fought as a pro se defendant, and while it wasn't the win I had hoped for the attorney was so frustrated with me she non-suited half way into our hearing. The case was dismissed in June. Since it was a non-suit I figured I would continue to be tortured by their attempts to collect the alleged debt, however, I was not prepared for this situation, and I have no idea what to do, but I am very worried that Capital One is continuing to damage my credit illegally. Issue Number 1: Today I recieved a statement from Capital One, and there was 2 charges listed (1) 05/01/13 Court Costs equalling $10.97 and (2) 05/02/13 Court Costs equalling $10.97 a total of $21.94 in new fees. Now here's why I am very confused in the Dismissal Papers I recieved from the courts it says: "It is therefore ordered, adjudged and decreed by the courth that this suit be dismissed without prejudice, and the defendant go hence without day and further that court costs be taxed against the Plaintiff." So my questions is can they LEGALLY charge me there court costs. Issue Number 2: Since the suit in January i have never once been sent a statement, and on this newest statement recieved today it says I have accrued $132.82 in fees this year....So this leaves a whopping $110.88 completely unaccounted for...During the suit the papers I was served explicitely stated that no interest would accrue, and the statement lists my balance as "non-interest bearing" so that's not it. They also disclosed in response to my discovery requests that they were not seeking attorneys fees. Again, this is the first statement I have recieved since the lawsuits conception, which again was dismissed. I can't access my statements online so there is no way for me to know where this mystery $110.88 came from. So is Capital One breaking the law? Where do I go from here, is a "debt validation" necessary because it doesn't seem appropriate for this particular situation? Help these people are ruining my life!!!!
  16. I opened a Capital One credit card in March 2005. I first became delinquent August 2006 and even though I paid some months here and there after that, I was never able to get out of the late 30 days or more status until they charged it off in January 2008. When I was young(er) and stupid(er) in 2007 I kept getting called at work and threatened to be sued by Global International for my outstanding balance of about $4800. So in December 2007, I sent them a payment of $1500 and they were supposed to set up payment arrangements. Instead, they disappeared. They wouldn't respond to calls and nothing was sent. (Like I said - stupid) The payment date was reported on Capital One's TL entry, but the balance did not change. Fast forward to 2012 and I began getting calls from my old friends Portfolio Recovery demanding payment of $4800 and showing last payment date of December 2007. I checked my CR in April and it showed that the Capital One account was sold to Portfolio Recovery. My Capital One account has since fallen off of my credit report. I don't see the PRA account on my credit reports that I just pulled. My questions are: It does not appear to be past the Indiana SOL of 6 years even though it no longer appears on my credit report. I can't dispute anything with CRA because it's not there anymore. Do they remove negative TL's when they are going to sue to avoid disputes? PRA sues a lot of people in Indiana... Based on the last payment date of December 2007, the 6 year SOL should apply January 2014. Is this correct? They also own a debt from HSBC which is well within SOL for $562. I'm planning on offering a settlement for PFD. How can I protect myself that if accepted, they don't try to apply payment to the Capital One debt and restart the clock? Also, with PFD, is it better to offer a lower or higher amount? Thanks for any help! You guys have been a huge help to so many people. I've already learned a lot from you. I've been able to get a few false entries removed from my CR already, but these PRA guys engage in guerilla warfare and it's time to consult with the 4-Star Generals! -ivyy
  17. I just recently sent a last minute BOP (7/26/13 they received 7/30/13) and received a response of "Our Office received your Demand for Bill of Particulars dated July 26, 2013. Per CCP 2024.40(a), your request is untimely and therefore no response will be provided . Please note, Plaintiff did supply 117 pages of billing statements in response for your request for production of documents on November 30, 2012. " I am sending them a meet and confer notice stating " On July 26th, 2013, Defendant served its request for a Bill of Particulars on Plaintiff. Pursuant to CCP section 454, Plaintiff has ten days to respond or it will "be precluded from giving evidence thereof. " As described below, plaintiffs’ response is entirely deficient. Plaintiff has not provided an itemization of the account showing all items and details of the account on which the cause of action for unjust enrichment by goods sold and delivered, money had and received, and /or money lent or paid of plaintiff’s complaint is based, including the date of each transaction, a description of the services, materials or goods supplied or other considerations rendered, the price or charge made for each item, and all payments or credits that have been made to the account including details of interest calculation or fees charged at issue in this litigation. Such basic information is required to prove plaintiff’s claim. Plaintiff should have such information readily at hand. If not, it is difficult to understand how plaintiff acquired a good faith basis to file the lawsuit. Please serve a full response on or before August 9, 2013. If Plaintiff fails to do so, Defendant will move the Court for an order requiring a further response or, in the alternative, an order-precluding Plaintiff from offering any such evidence at trial." Problem is that my trial date is August 12, 2013. Background of my case is as follows: 1. Who is the named plaintiff in the suit? Capital One Bank (USA), N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Michael Boulanger, ESQ Law Offices of Patenaude & Felix, A.P.C. 3. How much are you being sued for? $2882.29 4. Cause of Action: Common Counts " because an account was stated in action between plantiff and defendant in which it was agreed that defendant was indebted to plaintiff." "This cause of action is based upon account number XXX for the sum by which Defendant has been unjustly enriched by virtue of Defendant and/or accepting benefits bestowed. It is inequitable for defendant to retain said benefits without repaying Plaintiff the value thereof." 5. How do you know you are being sued? (You were served, right?) Serviced at my front door 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? They may have sent notice however I was in the process of changing addresses and do not recall a letter, received summons at new address. 9. What state and county do you live in? San Joaquin County, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 7/4/2011 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Court date for 8/12/13 at Superior Court of CA, County of San Joaquin I filed/sent an Answer, Request for production of documents (12 Items) which they sent Credit card statements back to Aug 2008 (it had a beg bal of $2,642.92 at that time) and a Customer Agreement Copyrighted 2010, Case Management Statement (12/3/12), Bill of Particulars (7/26/13), going to send Meet & Confer (8/5/2013), I have not a trial brief. They Sent Summons 5/11/12, CMS, Production of Docs 11/30/12, Meet & Confer 7/30/13 (regarding BOP), Trial Notice 7/8/13. Need advice on Filing motion to Precluding Plaintiff from offering any such evidence at trial (not sure if filing it on 8/9/13 is ok), Also trial prep and defenses for account stated.
  18. Recently I received a summons from attorneys specializing in collections in Michigan for a debt stemming from an alleged Credit One Bank credit card. Apparently, according to my credit reports, LVNV LLC purchased the alleged debt in December of 2008. This is all new to me. I had never even heard of LVNV until I received the summons, nor do I believe I ever held a credit card with Credit One Bank. In the meantime, LVNV has been adding interest to the so called amount owed, after they purchased it from Credit One. I don't see how they can do that if the account was in fact charged off by Credit One. In fact, they are trying to accumulate additional interest up until April of this year. I filed an Answer to Summons with my local court, where I am being sued. This is very, very confusing. For starters, I believe the original debt actually dates back to a Capital One credit card I had that was charged off back in 2005. I have looked through ten years of paperwork here and I have yet to find a single bill from Credit One. Is it possible that somehow Credit One got ahold of the account that was charged off from Capital One? I am of limited means right now. But I would like to take care of this issue. I plan to go meet them in court and negotiate reasonable terms BUT ONLY IF they can prove I did in fact have a Credit One account. Prior to being served papers, I did send a certified letter to the attorney asking for proof of the debt. All he sent me was the copy he had included in the original paperwork called "Exhibit A" which looks like a copy paste job and does not appear to be legitimate. In the answer to summons I stated: 1. I have never owned said credit card (paraphrased just a bit). 2. I have never seen "Exhibit A" until I was served the papers by the attorney and then again in the summons. 3. Please provide proof of said agreement. 4. Said account did not exist as stated by the plaintiff. 5. How does a person accrue interest on an account that has long since been charged off? 6. Plaintiff has failed to provide proof of debt. On further pages I stated: I do not owe this debt. The plainfiff has failed to define the charges. I want to have a statement showing all charges and any signatures I might have made. I want a copy of said credit card agreement. "Exhibit A" appears to be fraudulent. It looks like someone copied and pasted the paperwork together. Credit Card agreeement was closed a long time ago why is interest being accrued up until April of this year? ETC... According to the clerk at the court, a "pre-trial" will be scheduled. That is the next step. I assume that is when the attorneys will have to bring more evidence and if they have it then we can negotiate a settlement. The clerk said I will sit down with the attorney and discuss it, a judge will be close by and can be called upon at any time during the pretrial. That doesn't sound too bad, right? I don't really feel that I am any where near being prepared to meet these people in court. I have been spending a lot of time reading up on the laws and gathering information but I feel I have a very long way to go. But in the meantime, I really want to get to the bottom of this. I want this fixed on my credit reports as well. How can I find out for sure if I had a Credit One account? Because honestly, this is the first I have ever heard of a credit card account with Credit One. Thanks in advance for any help one may have to offer. I know this sounds more confusing than anything else and I apologize.
  19. I need some advice. I'm at 120 days past due. Just going into what they call pre-legal. I would like to make a settlement with them Balance $4500 principal, or $5700 with their fees and interest. Those are their numbers. What is a reasonable settelement amount, do I need to drag this on with them or will they take a settlement offer before the s hits the fan? Will they take a 3 pay settlement? Personally, I don't want to get into the lawsuit battle with them. Thanks in advance
  20. Please help.....I need to send this out today. I appeared in court last month and stated my denial infront of the judge. My trial date is set for June 6th. I just received from the plantiffs (CAPITAL ONE) attorney's office last weekend a REQUEST FOR ADMISSIONS AND FOR ANSWERS TO INTERROGATORIES in pursuant to Rules 33 and 36(a) of the District Court Rules of Civil procedure and Rule 30 of the District Cour Rules of the State of Hawaii. They attached statement from Aug 2011-Aug 2012. I need to respond in 10days after receipt so I have until today Monday 5/13/13. Here a are list of admissions they want me to respond to. please Help? #1- In or around Dec 12,2002, you were issue a credit card account by Capital One Bank (USA), bearing account number XXXXXXXX (the "credit card account"). #2- You were provided with the credit card for the credit card acount #3- You received the credit card(S) for the credit card account. #4- You used the credit card account to make purchases and/or obtain extensions of credit. #5- You recieved periodic billing statements that showed the charges made on the credit card account. #6- You did not dispute in writting any charges appearing on any of the billing statements mailed to you. #7- You allowed someone else to use the credit card account to obtain goods or services or cash advances. #8- Attached as Exhibit "1" are true and correct copies of monthly billing statements that you received with respect to the credit card account. #9-Plantiff is owed the sum of $3640.29 as of January 14, 2013 on the credit card account. #10-You received mail at (addresss - mail recd) in the year 2012 Im trying the best I can reading through diff forums. Any advice on how to answer and even what next steps I have to take would greatly be appreciated. I know my case is diff being first of all in Hawaii, and OC which I read can be difficult to beat.... They actually want me to try and settle with someone from their office before court date but I really don't have the funds for this. ugh....Thanks in advance for any help..... Heres my original post http://www.creditinfocenter.com/community/topic/319979-help-received-summons-marvin-sc-dang-suing-for-capital-one-hawaii/?p=1240785
  21. Capital One is Opposing my Motion to Compel Arbitration 2 days before the hearing for the motion. They are claiming that the Agreement has changed and that I am now bound by the 2010 agreement which has no Arb Clause. I know it is BS because the agreement I signed has a survival clause for the Arb Provision. How do I fight it? Background: I was sued by Cap One for less than $10k in the state CA The account in question was opened 2/1/2008 The 2008 Cap One agreement has an Arbitration Provision that includes JAMS. The Arbitration Provision has a survival Clause that states: "This Arbitration Provision shall survive: (1) suspension, termination, revocation, closure or changes of this Agreement, your Account and your relationship with us; ..." Here is what has happened so far: As per the terms of the agreement I elected Arbitration with JAMS. JAMS accepted and served Cap One's Council. I filed my answer including the affirmative defense that I have elected Arbitration. I also filed a Motion to Compel Arbitration as per this extremely helpful thread by Linda7. (@Linda7 Thank you Linda7!) The Plaintiff has now filled an "Opposition to Defendant's Motion to Compel Arbitration" along with a Declaration in support by their own council. They supplied a 2010 agreement sans Arb Provision and are claiming it is the agreement that should be used. I should be able to fight this as it is in violation of their own agreement. But with only 1 day to respond I am defiantly feeling the pressure. Is this something I should address in person at the hearing for the motion or do I need to file a response? Please Help!
  22. 1. Who is the named plaintiff in the suit? Capital One Bank (USA), N.A., 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) The Moore Law Group 3. How much are you being sued for? $9794.21 4. Who is the original creditor? (if not the Plaintiff) Plantiff 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In Person at Home. I was served April 15th but it seems to indicate Mar 26th so I'm not sure how long I have to answer. 7. Was the service legal as required by your state? I think so? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No correspondence at all. The last correspondence I got from Capital one was several months ago when they Charged off the debt. The first correspondence I received from Moore Law Group was when I was served the Summons. 9. What state and county do you live in? CA, Napa 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2012 11. What is the SOL on the debt? To find out: 4 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Checked out the courts website but I could only search for Traffic and Criminal cases. Nothing for Civil. I will go down the the Courthouse tomorrow to inquire. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I have not. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. Also I have not. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I have "30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff." I was served on April 15th but every date on the document indicates Mar 26th. I think they sat on it for 3 weeks before serving me so I'm not sure when the court thinks I was served. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence of any kind was included or indicated in the summons. Just a list of 3 "Cause of Action" where they state that I owe them the money plus "the costs of suit".
  23. I don't understand any of this but it seems I am due in court on 8/22/2013 after being sued by Cap 1. What confuses me is the 'Vacated' posted under Disposition. What does this mean and any advice for my court date? Do I even actually have a court date since it says 'Vacated' next to it? My only income is and has been student grants for the last 2 1/2 years and before that I was unemployed and on medical disability (at the time of the original court date) for depression and suicidal issues. I don't even drive a fully legal vehicle (because I can't afford the repairs to make it smoggable). I am trying to deal with this without spiraling back into the depression so any help would be appreciated. Thank you beforehand! - CAPITAL ONE BANK VS P - Complaints/Parties Complaint Number: 0001 — COT Complaint (Collection - Temecula) of CAPITAL ONE BANK USA NA Original Filing Date: 02/03/2010 Complaint Status: Judgment 06/25/2010 Party Number Party Type Party Name Attorney Party Status 1 Plaintiff CAPITAL ONE BANK USA NA AEB Judgment 06/25/2010 2 Defendant J P Unrepresented DEFAULT/JUDGMENT ENTERED 06/25/2010 - Actions/Minutes Top of Form Bottom of Form Viewed Date Action Text Disposition Image 06/22/2020 8:30 AM DATE TO SET OSC RE DESTRUCTION OF FILE (JUDGMENT) 08/22/2013 10:00 AM HEARING RE: ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ISSUED AGAINST PLAINTIFF FOR FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO CRC 3.740 (TEMECULA). Vacated Minutes 08/30/2010 ABSTRACT OF JUDGMENT ISSUED Not Applicable N 06/25/2010 JUDGMENT BY DEFAULT BY CLERK FILED 06/25/10 Not Applicable Top of Form Bottom of Form N 06/11/2010 REQUEST FOR ENTRY OF DEFAULT AND CLERK'S JUDGMENT ON THE COMPLAINT (COLLECTION - TEMECULA) FILED 02/03/2010 OF CAPITAL ONE BANK USA NA AS TO J P Not Applicable Top of Form Bottom of Form N 06/11/2010 REQUEST FOR DISMISSAL OF DOES/ROES ON THE COMPLAINT (COLLECTION - TEMECULA) FILED 02/03/2010 OF CAPITAL ONE BANK USA NA Not Applicable Top of Form Bottom of Form N 06/11/2010 DECLARATION RE COSTS PURSUANT TO C.C.P. 1033 FILED BY CAPITAL ONE BANK USA NA Not Applicable Top of Form Bottom of Form N 02/24/2010 PROOF OF SERVICE ON THE COMPLAINT (COLLECTION - TEMECULA) FILED 02/03/2010 OF CAPITAL ONE BANK USA NA SERVED ON J P WITH SERVICE DATE OF 02/20/10 FILED.(PERSONAL SERVICE) Not Applicable Top of Form Bottom of Form N 02/03/2010 SUMMONS ISSUED ON COMPLAINT (COLLECTION - TEMECULA) FILED 02/03/2010 OF CAPITAL ONE BANK USA NA AND FILED. Not Applicable Top of Form Bottom of Form N 02/03/2010 CERTIFICATE OF COUNSEL FILED. Not Applicable Top of Form Bottom of Form 02/03/2010 HEARING RE OSC FOR FAILURE TO FILE DEFAULT JUDGMENT SET 8/22/13 AT 10:00 IN DEPT. T1. 02/03/2010 COMPLAINT AND PARTY INFORMATION ENTERED - COLLECTION - TEMECULA. Not Applicable 02/03/2010 DIRECTLY ASSIGNED TO DEPARTMENT T1 FOR CASE MANAGEMENT PURPOSES (COLLECTION) TEMECULA. Minutes NOTICE SENT TO E A B ON 2/05/10 N 02/03/2010 LIMITED CIVIL-GENERAL CIVIL COMPLAINT FOR COLLECTION UNDER $10,000 CRC 3.740 FILED Not Applicable Top of Form Bottom of Form Minutes Receipt: $235.00 - Pending Hearings Date Action Text Disposition Image 08/22/2013 10:00 AM DEPT. T1 HEARING RE: ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ISSUED AGAINST PLAINTIFF FOR FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO CRC 3.740 (TEMECULA). Vacated 06/22/2020 8:30 AM DEPT. TEDST DATE TO SET OSC RE DESTRUCTION OF FILE (JUDGMENT)
  24. On my credit report it lists a Capital One credit card as still open. I know that this account was closed by Capital One in 2011. I logged onto the online account access and the account shows the account as restricted. I called Capital One to see if the account was actually closed or if possible that it might be reinstated. The Rep. said that he would check into this for me and placed me on hold. The Rep. came back and said that unfortunately this account could not be recativated. He said that what he could do was close the account completely. At that point I told him that I was not sure about closing the account because even though it was closed by Capital One it shows as open on my Experian credit report and my fear is if it was closed it might hurt my credit score as it would show me with less available credit. The Rep. convinced me that even if this was showing as open on my credit report it was reporting with a zero available credit balance. He stated that if I closed the account today that they would stop reporting this account and it's complete payment history. The Rep. was actually pretty helpful and said that if my purpose was to improve my credit this was the best way to go. As this account had numerous late pays and they will not drop off until 2017, I went ahead and had him close the account. Was this the right thing to do?
  25. I received a summons for a limited collections from Blier & Cox in Encino California (representing Capital One). I need to deliver my ANSWER CONTRACT back to the court in a few days. How can I answer this as generally as possible?. I need to request discovery before a case management meeting. Please help ASAP Thank you. Here's my story: 1. Who is suing you? the Law Firm of Blier & Cox in Encino CA 2. For how much? $12,500 3. Who is the original creditor? Capital One 4. How do you know you are being sued? A summons was served on March 7 5. How were you served? By serving company (but it was not served to me and was never mailed) 6. What was your correspondence (if any) with the people suing you before you think you were being sued? NONE 7. Where do you live? Contra Costa Country Northern California 8. When is the last time you paid on this account? Approx. LESS THAN A YEAR AGO 9. What is the status of your case (if anything has been opened)? I've called the County Court Department that was assigned the case and they told me to return my answer contract and a case management meeting would be the next step 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 11. Did you request debt validation before the suit was filed? YES 12. Does your summons require a response? Yes, I must get this to the court in 2 days! Received it late because I was not here to accept it and never got it in the mail. If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. We need to know what the "charges" are. "Complaint for Money" BREACH OF CARDHOLDER AGREEMENT 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? NONE 14. What is the SOL on the debt? 4 years
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