rmuse00 Posted July 19, 2005 Report Share Posted July 19, 2005 It started with "I don't know if I have a case here but.....". As the violations started mounting against Capital One, EX & TU I continued to fax her all information. Then she said "based on what you have faxed to me we believe you have a case". More violations and I continued to fax documentation. At this point she has asked me to stop calling Capital One she will be handling from this point. She feels we have more than enough for our case. How do I go about asking her if she and I are in an agreement? I have never really said "I would like to hire you" or she has never really said "I am taking your case" Not in those words. Do I need to officially ask or clarify? How do I do this? Sorry I feel so stupid with this since I have never had to hire a lawyer. Any suggestions?Thanks! Link to comment Share on other sites More sharing options...
codename_fortyseven Posted July 19, 2005 Report Share Posted July 19, 2005 Usually, you do have to sign an agreement with a lawyer officially hiring them to handle a matter . Link to comment Share on other sites More sharing options...
rmuse00 Posted July 19, 2005 Author Report Share Posted July 19, 2005 Even if lawyer is on contingency? Link to comment Share on other sites More sharing options...
rmuse00 Posted July 19, 2005 Author Report Share Posted July 19, 2005 I feel better now. She just called me and said she would be drawing up an attorney client agreement and sending it to me. Link to comment Share on other sites More sharing options...
Guest Posted July 20, 2005 Report Share Posted July 20, 2005 Just make sure you read it wellIn our agreement... we have to pay the lawyer if we lose.. so make SURE you have solid cases if it goes to Court.Most of ours have settled out but we are in Federal Court now with 2 cases. Link to comment Share on other sites More sharing options...
rmuse00 Posted July 20, 2005 Author Report Share Posted July 20, 2005 Thanks for your suggestion Sky!I have been informally communicating with this lawyer and have been faxing her all my results of the disputes and any correspondence from CRA's and Capital One. I really believe she would not have taken this case if it had not developed into a strong case which i believe it has. The latest written response I received from Capital One had none of the items I requested in a letter I sent to them citing FACTA. It was a letter saying "included is your original application and billing statements from the last 6 months of activity". BUT they were not in the envelope. That is when I called and the Cap One rep told me that I had to pay for each copy of each statement! When I initially started disputing this account they said that it was documented that I authorized opening this account via the telephone How could they be including the original application if they claim I authorized this account over the phone I sent this over to the lawyer and at that point she said "Do not call them anymore we have enough to procced accordingly!" That's when I asked if this meant that she would officially be taking this case. I believe we will be claiming fraud and deceptive practices committed by Capital One and the CRA's for verifying. Not positive but will be talking to my lawyer later today. Now I am feeling a little nervous as I get ready to take on the Big Ones! I do feel a little better as I now have learned that my lawyer & her partner both have experience with consumer litigation and so glad I have this board as continual support! Link to comment Share on other sites More sharing options...
schellmis63 Posted July 26, 2005 Report Share Posted July 26, 2005 I am currently going through the same thing you are with Cap One and one of the OC’s that collect for them. My case is that I had paid the OC and it was never reported to Cap One the rest of my case is so similar to yours. Many violations and possible fraud in my case. I was contacted by their CA and I was told that they were the OC (Cap One) well I started to pay them and continued to pay them till the debt was paid. I asked for validation of the account from the CA and nothing came. I tried to clear this up with Cap One, they sent me the same information that you got. Now I am trying to find someone to take my case. They say that I still owe them. I received a second validation letter telling me that they are honoring my quest to cease and dismiss and they will not contact me anymore. I never sent them a cease and dismiss. I have contacted a lawyer and waiting to hear back from them. I hope Capital One and their cronies go down! I currently have two small accounts with that are current. I would like to see them mess with me with those accounts. Link to comment Share on other sites More sharing options...
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