HobbesMG Posted August 13, 2008 Report Share Posted August 13, 2008 Hey all, havent been here in a while but wanted to post this since most of my success came from use of this site and resources here.For everyone who say that Capital One is hard to beat.... may be true but they were just beaten.I have been dealing with a bunch of crazy extensions and back and forth as a Pro Se with Cap and their attorneys. They showed up with lots of paperwork I never saw so not 100% sure what it all was. They gave me one more bogus settlement offer, I rejected it. They asked if I had a counter and I said yeah drop the case and pay me money to not countersue. Got the reaction I expected.For some reason they were treating me like I had no clue what so ever which seemed strange to me since I showed I wasnt going to be a "default" case.Got the Affadavit tossed outGot the testimony of the individual they actually flew in to testify thrown out as hearsay so they wasted that plane ticket and hotel money.Shot down all their paperwork they were going to submit since they couldnt properly admit it as evidence since they did not properly form a foundation for the paperwork.Had all of their complaint thrown out, except for a page where they said I owed them money, since it did not follow the rules of filing. Basically reduced the case to a sheet of paper with numbers on it as their case.Case dismissed.Judge went from seeming grumpy towards me that I was there to fight this case to actually smiling as I shot down the case and he sustained every single one of my objections.So long story short all.... if you wish to fight and have the time and desire to put forth the effort, even big bad Capital One can be beaten... every from a lowly Pro Se like me. Link to comment Share on other sites More sharing options...
chilton1 Posted August 13, 2008 Report Share Posted August 13, 2008 8-)8-)8-) congrats on your win Link to comment Share on other sites More sharing options...
smurfette in nyc Posted August 13, 2008 Report Share Posted August 13, 2008 Congratulations!! I can relate to your story, and know just how sweet the success of getting a case dismissed is! Be proud of your efforts in the courtroom-they certainly paid off! Link to comment Share on other sites More sharing options...
ALVA Posted August 13, 2008 Report Share Posted August 13, 2008 Excellent! Congrats! I am sure the judge has probably seen a bunch of pro se defendants crash and burn. He must have been pleased to see someone prepared and professional. Link to comment Share on other sites More sharing options...
JustaTexan Posted August 13, 2008 Report Share Posted August 13, 2008 I am so glad that this was the first post I have read today! Puts me in a positive mood! Congrats! That is awesome! xdancexxdancexxdancexxdancex Link to comment Share on other sites More sharing options...
Tazjeepcj7 Posted August 13, 2008 Report Share Posted August 13, 2008 So, who was the witness and how did you discredit him/her? Link to comment Share on other sites More sharing options...
admin Posted August 13, 2008 Report Share Posted August 13, 2008 I'd like to know that myself. Link to comment Share on other sites More sharing options...
HobbesMG Posted August 13, 2008 Author Report Share Posted August 13, 2008 So, who was the witness and how did you discredit him/her?Short answer..... The witness was to testify to the "account records". The person who signed the affadvit. The account records were not properly introduced or substantiated, therefore they could not be used so the witness had nothing to testify to. Turns out the witness was also not an employee of capital one therefore it was complete hearsay. Link to comment Share on other sites More sharing options...
admin Posted August 13, 2008 Report Share Posted August 13, 2008 Short answer..... The witness was to testify to the "account records". The person who signed the affadvit. The account records were not properly introduced or substantiated, therefore they could not be used so the witness had nothing to testify to. Turns out the witness was also not an employee of capital one therefore it was complete hearsay.Yep, pretty cool. Link to comment Share on other sites More sharing options...
Tazjeepcj7 Posted August 14, 2008 Report Share Posted August 14, 2008 Awesome! Link to comment Share on other sites More sharing options...
KsPete Posted August 14, 2008 Report Share Posted August 14, 2008 If you don't mind me asking, what was the name on the affidavit. I'm in a similar situation where I'm being sued by Cap1 and the affidavit looks pretty bogus. In my case, it was a "Tracy Taylor." Link to comment Share on other sites More sharing options...
chelseagirl Posted August 14, 2008 Report Share Posted August 14, 2008 Congrats with you beating Cap One!!! I am in a lawsuit with Cap One lawyers too. I was sued March 2007. Alot of paper work back and forth but no court date!!! This has been dragging on for over a year and they just won't back down. I am just waiting to see what they send my way next! The last I heard from them was March 3, 2008. I do not want a default either! Link to comment Share on other sites More sharing options...
WorriedInKC Posted August 18, 2008 Report Share Posted August 18, 2008 Short answer..... The witness was to testify to the "account records". The person who signed the affadvit. The account records were not properly introduced or substantiated, therefore they could not be used so the witness had nothing to testify to. Turns out the witness was also not an employee of capital one therefore it was complete hearsay."Account records were not properly introduced or substantiated"?Can you tell us how you were able to establish this? Link to comment Share on other sites More sharing options...
Diane08 Posted August 22, 2008 Report Share Posted August 22, 2008 Congratulations to you for fighting Cap One---they are relentless, and need to get smacked down a few times. I am in the process of a Cap One snackdown--not as dramatic as yours, but satisfying nonetheless.POWER TO THE PEOPLE!!!! Link to comment Share on other sites More sharing options...
Diane08 Posted August 22, 2008 Report Share Posted August 22, 2008 OOOPS---that would be SMACKDOWN, not snackdown (even though I am eating potato chips.....) Link to comment Share on other sites More sharing options...
merrybucks Posted August 22, 2008 Report Share Posted August 22, 2008 Could be a snackdown if you plan on eating their lunch! Link to comment Share on other sites More sharing options...
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