EOinFLorida Posted November 10, 2009 Report Share Posted November 10, 2009 Greetings All!Yesterday I received a summons to appear for a mediation/pre-trial conference. Unfortunately I have notified the firm representing Capital One (Hayt, Hayt & Landau) that the alleged credit card debt is not mine, a have done so by certified letter.They have ignored my letters. Yesterday after the panic attack I called Capital One and they searched their data-base with my social security #. They could not find any account belonging to me. When they searched by name and address they did find the alleged account.Obviously there is a big mix up here. How do I clarify? I have already a set date in court to appear for mediation/pre trial conference for a debt that does not belong to me. I am unemployed and unable to hire an Attorney.I have read of Hayt, Hayt & Landau violations of the FDCPA Laws. How do I stop these people and clear my name once and for all?EOinFlorida Link to comment Share on other sites More sharing options...
RebelLady Posted November 10, 2009 Report Share Posted November 10, 2009 Your's is the third time recently this has happened. You get a summons to court on a CrapDumb credit card that absolutely isn't and can't be your's. You go to court (I didn't even bother to call the law firm involved and inform them of their mistake) and during your 'conference in the hall' with the attorney, you tell them this credit card isn't your's. At that point, they will tell you there's this Affidavit of Fraud you're required to sign for CrapDumb before they can dismiss the claim. You agree to sign and the attorney tells you, "Oh, sorry, I don't have any with me today but I'll send you one in the mail." Eventually they get around to sending it. Its up to you whether or not you sign. I didn't sign but shortly thereafter I got a letter from the court stating the attorneys had dismissed the suit without prejudice.I don't know what this is all about, just remember, there's abolutely nothing in the FDCPA that requires you to sign any Affidavit of Fraud or anything else. If I had thought about it in court that day, I would probably have gone in and motioned the court for a dismissal with prejudice because this account wasn't mine (20/20 hindsight).RebelLady Link to comment Share on other sites More sharing options...
EOinFLorida Posted November 10, 2009 Author Report Share Posted November 10, 2009 Thank you so much! Link to comment Share on other sites More sharing options...
HealthyGarrett Posted November 10, 2009 Report Share Posted November 10, 2009 (edited) I have a similiar situation with same law firm so I'm glad this was already brought up. My father has been taking credit cards out in my name. I know he has become pretty desperate with his small bussiness and medical bills, so i'm not going to try to get him in trouble for fraud, just want to pay off some of his/my debts. I've already paid off a few of these credit cards and I just want to give the creditors back their money which I have no problem doing.Recently I just got a letter from this afformentioned law firm representing Capital One basically saying 'here is your debt, you have 30 days from the time you recieve this letter to make the payment for x amount of dollars.' I asked my father if he knew anything about this debt and he does not remember, but at the same time he is losing his mind and can't see well enough to look through his reciepts.I contacted them with the phone # they provided, explained to them the situation with my father and asked them if they could mail a statement with a list of charges so I can take a look at them and tell my father what the charges are so he can confirm that it was his. One week later, still no statement, so I called again and the lady I talked to remembered me calling from last week and she said it was sent out. I asked her if she could read me some of the charges on the statement and when they were made, she then rambled on about something about a cash redrawal for $500 in 2006 or something and I asked about the other charges and she said that I can look at the statement when I get it. She was also able to take my debt that according to the letter was $2,745.63 ($2,449.57 on the principle, $296.03 on the interest) and reduce it down to $2,079.75 and on top of that extend my payment deadline for a few more days and she said she will put me under "intent to pay".So here I am one week after the last phone call with no statement and typing this message here on this forum. Again, I am not trying to find a loop hole out of a legit debt. Thinking back on that conversation now, it just seems a little fishy the way the whole thing was handled. I have a few more days to get this taken care of before they "sew" me. So really i'm not sure if I should make the payment or let them take me to court or what. Help?Edit: I would like the capital one phone # that the original poster called so I can call, the other numbers I tried to call I got an answering service and the run around. Edited November 10, 2009 by HealthyGarrett Link to comment Share on other sites More sharing options...
FlaLawyer Posted November 10, 2009 Report Share Posted November 10, 2009 I have a similiar situation with same law firm so I'm glad this was already brought up. My father has been taking credit cards out in my name. I know he has become pretty desperate with his small bussiness and medical bills, so i'm not going to try to get him in trouble for fraud, just want to pay off some of his/my debts. I've already paid off a few of these credit cards and I just want to give the creditors back their money which I have no problem doing.Recently I just got a letter from this afformentioned law firm representing Capital One basically saying 'here is your debt, you have 30 days from the time you recieve this letter to make the payment for x amount of dollars.' I asked my father if he knew anything about this debt and he does not remember, but at the same time he is losing his mind and can't see well enough to look through his reciepts.I contacted them with the phone # they provided, explained to them the situation with my father and asked them if they could mail a statement with a list of charges so I can take a look at them and tell my father what the charges are so he can confirm that it was his. One week later, still no statement, so I called again and the lady I talked to remembered me calling from last week and she said it was sent out. I asked her if she could read me some of the charges on the statement and when they were made, she then rambled on about something about a cash redrawal for $500 in 2006 or something and I asked about the other charges and she said that I can look at the statement when I get it. She was also able to take my debt that according to the letter was $2,745.63 ($2,449.57 on the principle, $296.03 on the interest) and reduce it down to $2,079.75 and on top of that extend my payment deadline for a few more days and she said she will put me under "intent to pay".So here I am one week after the last phone call with no statement and typing this message here on this forum. Again, I am not trying to find a loop hole out of a legit debt. Thinking back on that conversation now, it just seems a little fishy the way the whole thing was handled. I have a few more days to get this taken care of before they "sew" me. So really i'm not sure if I should make the payment or let them take me to court or what. Help?Edit: I would like the capital one phone # that the original poster called so I can call, the other numbers I tried to call I got an answering service and the run around.Was the letter you describe the first letter you received from the creditor? Send them a demand for validation by certified mail, return receipt. You can google and find one. In response they should send you a contract and account statement. It should be sent within 30 days of the initial letter.Collections departments are really bad about following up with sending what they promised to send. Link to comment Share on other sites More sharing options...
FlaLawyer Posted November 10, 2009 Report Share Posted November 10, 2009 Greetings All!Yesterday I received a summons to appear for a mediation/pre-trial conference. Unfortunately I have notified the firm representing Capital One (Hayt, Hayt & Landau) that the alleged credit card debt is not mine, a have done so by certified letter.They have ignored my letters. Yesterday after the panic attack I called Capital One and they searched their data-base with my social security #. They could not find any account belonging to me. When they searched by name and address they did find the alleged account.Obviously there is a big mix up here. How do I clarify? I have already a set date in court to appear for mediation/pre trial conference for a debt that does not belong to me. I am unemployed and unable to hire an Attorney.I have read of Hayt, Hayt & Landau violations of the FDCPA Laws. How do I stop these people and clear my name once and for all?EOinFloridaYou need to show up to the pre-trial conference. File a written demand for a jury and review the Small Claims Rules. If the claim is for more than $5,000 exclusive of fees and costs, then review the Florida Rules of Civil Procedure. Also, if you have been unemployed long enough or had a low enough income you can use your local legal aid office.You may have a FCCPA claim against the alleged creditor. That depends on what information was received from the alleged creditor and when.What county are you in? Link to comment Share on other sites More sharing options...
RebelLady Posted November 10, 2009 Report Share Posted November 10, 2009 Here's how it went down for me and for another poster on this board...Alleged attorney, "This isn't your account?"Me, "Nope. I've never applied for, received or used a Capital One credit card."Alleged attorney, "Well why didn't you call our office and say as much?"Me, "Well why didn't you call me and ask prior to filing this ridiculous suit?"Alleged attorney, "I'll just have to schedule this for court. But if you don't mind coming back...that's what I'll have to do."Me, "Okay. You do what you have to do then just be sure and bring something more than this generic cardholder's agreement when you come 'cause it ain't gonna wash."Alleged attorney, "I just need you to sign this Affidavit of Fraud and none of that will be necessary."Me, "Okay. Let me see it. I'll review it, sign it and take it downstairs and have it notarized while I'm here.'Alleged attorney, "Ummm...I don't have any with me but I'll mail you one."Me (getting a bit aggravated by this time), "You don't have any with you?"Alleged attorney, "I didn't know you were disputing this debt."Me, (getting really angry now), "Well gee...I'm sorry I've caused you to come to court so unprepared."Alleged attorney, "I'm not going to argue this with you (I found out later she says this any time she wants to buy time)."This went on for about ten minutes. The alleged attorney finally went back in the courtroom after telling me she'd 'put one in the mail.' I got it a month later and several days after that, I got a letter from the court saying they had dismissed the suit without prejudice and stated the reason as, "Defendant is claiming fraud" (which isn't true because I never signed and sent back this stupid Affidavit of Fraud. I figured they'd need to first of all prove there even was an account and if they could do that...I'd be the first one on the FTC website filling out their Affidavit of Fraud. I never signed the one she sent me.)This is the second time I've heard this scenario played out. I don't know if its legitimate or not...it sounds more like some kind of scam the attorneys are pulling on CrapDumb.RebelLady Link to comment Share on other sites More sharing options...
HealthyGarrett Posted November 10, 2009 Report Share Posted November 10, 2009 Yes it was the 1st letter. So your telling me to return the letter to them and demand they send validation by certified mail? And if they do, then what? Link to comment Share on other sites More sharing options...
RebelLady Posted November 10, 2009 Report Share Posted November 10, 2009 You may have a FCCPA claim against the alleged creditor. That depends on what information was received from the alleged creditor and when.What county are you in?FlaLawyer,First I was told by an naca attorney that I needed to get a dismissal and then call him back and we'd discuss the FDCPA violations (I assumed he meant we'd file suit). I called him after I left court that day and told him what had happened and he said, "Well what do you want me to do?" I told him I'd like to file suit and he said, "Why? They have a right to file a suit."The summons I received was the first I'd heard anything about my name and CrapDumb's name being mentioned in the same sentence! No dunning letter, no mini-miranda, no 30 days to dispute information...nothing! Just a summons...RebelLady Link to comment Share on other sites More sharing options...
EOinFLorida Posted November 10, 2009 Author Report Share Posted November 10, 2009 FlaLawyer,Thanks for your reply!I am in Osceola County. I just called Capital One once again, and they have verified that I don't have a credit card debt with them. Last credit card debt I had with them was discharged as part of a Chapter 7 Bankruptcy protection I filed in 2002 due to business failure.However I could not get certification (I wanted something written) from them which I really wanted to show as proof when I go to court. I am have contacted the Capital One's C.E.O's office, however I am being realistic and not expecting a reply from this guy as he is too big to give a flying crap! My other resources are to go "viral" with this. I will wait 24-48 hours and post a video on YouTube, maybe Twitter and open a can of worms for these creeps, I am sure I am not the only one affected by their practices.I am also filling a complain with the States Attorney's Office, FTC, etc.What are my chances of counter suing these people?Thanks,EOinFlorida Link to comment Share on other sites More sharing options...
sami123 Posted November 10, 2009 Report Share Posted November 10, 2009 what Hayt, Hayt & Landau put as an address for crap one on the caption?. (Narcosa, GA) this can make different. most likely they going through Trak America attorney’s farm. (you have a suit). concentrate on the summon now, but include in your answer, you will assert to counter sue. what will happen, the Hayt, Hayt & Landau will move for summery judgment against you for lack of material facts. This is the way they do the things, motion the court for discovery if you can, then you could see what kind of garbage they have which mount to nothing, except, statements and customer agreement, and trying to convince the judge it is your debt. They will have your name and address on the statement, and in some cases will make payment ACH to crap one just to establish a contract exist. Don’t let this bother you, show some teeth and yes you can sue, on the other hand, yes crap one could not verified an account in your name, but they will pass the info to Trak America where they will have a back room boiler manufactured evidence. You have nothing to fear, except fear it self. When you are in the bottom, the only way you can go is UP UP>. I’m in the similar situation now , my hearing Dec 1. I’m content to show the court this is not my crap, but crap one crap and I’m not going to take it. Link to comment Share on other sites More sharing options...
EOinFLorida Posted November 10, 2009 Author Report Share Posted November 10, 2009 Hey sami123,Thanks and good luck! Well I will attempt to contact Capital One's CEO by phone on Thursday and Friday. If I don't get through to him I will request someone from the Public Relations Dept. I want to get them involved as they have verified for me over the phone twice that they could not find any current nor past due or collections credit card debts under my Social Security #.If I don't get anyone from Capital One, I am willing to drive up there as they are in Virginia, I want them involved as I will plaster their name all over YouTube, Twitter, the news and beyond.I will let people know "What's in their wallets". EOinFlorida Link to comment Share on other sites More sharing options...
sami123 Posted November 10, 2009 Report Share Posted November 10, 2009 :mrgreen:EoinFlorida,good luck to you too, and hope u keep us informed. Link to comment Share on other sites More sharing options...
FlaLawyer Posted November 10, 2009 Report Share Posted November 10, 2009 Yes it was the 1st letter. So your telling me to return the letter to them and demand they send validation by certified mail? And if they do, then what?No. Look around this site. You will find information on DVs. When they validate it, you will have the copy of the account statement you requested. If they don't respond, but continue collections activities they will have violated state, and possibly federal, law.Or, you can just keep calling them and reminding them to send you a copy of the account statement. Link to comment Share on other sites More sharing options...
FlaLawyer Posted November 10, 2009 Report Share Posted November 10, 2009 FlaLawyer,First I was told by an naca attorney that I needed to get a dismissal and then call him back and we'd discuss the FDCPA violations (I assumed he meant we'd file suit). I called him after I left court that day and told him what had happened and he said, "Well what do you want me to do?" I told him I'd like to file suit and he said, "Why? They have a right to file a suit."The summons I received was the first I'd heard anything about my name and CrapDumb's name being mentioned in the same sentence! No dunning letter, no mini-miranda, no 30 days to dispute information...nothing! Just a summons...RebelLadyIf the first document received was the summons and complaint they may be protected by the litigation privilege and immune from lawsuit. Link to comment Share on other sites More sharing options...
FlaLawyer Posted November 10, 2009 Report Share Posted November 10, 2009 What are my chances of counter suing these people?It depends. Contact a local consumer protection lawyer and have him review the case. Link to comment Share on other sites More sharing options...
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