david9041

NEW CAP1 LAWYER ?? Or ?

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NEW CAP1 LAWYER ?? Or ?

Cap1 has just set up with a law firm BURR-FORMAN the lead lawyer Rik Tozzi , he has in his Web site that he is a partner , this was just up last week , below is part of his Web history , he has taken over my Arbitration case and 3 other lawsuits I have , at the same time as this was happening Trueq and MG05 for some reason got kicked off this site or maybe they didn't depending on who you listen to ?

He has extensive experience enforcing arbitration provisions, enforcing covenants not to compete, and confidentiality provisions against agents, as well as defending and prosecuting cases against Internet schemes concocted to avoid legitimate debt.

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NEW CAP1 LAWYER ?? Or ?

Cap1 has just set up with a law firm BURR-FORMAN the lead lawyer Rik Tozzi , he has in his Web site that he is a partner , this was just up last week , below is part of his Web history , he has taken over my Arbitration case and 3 other lawsuits I have , at the same time as this was happening Trueq and MG05 for some reason got kicked off this site or maybe they didn't depending on who you listen to ?

He has extensive experience enforcing arbitration provisions, enforcing covenants not to compete, and confidentiality provisions against agents, as well as defending and prosecuting cases against Internet schemes concocted to avoid legitimate debt.

There are Zero Laws against enforcing a valid contract. He can do nothing as long as you dont Purger youself. Also, its why you don't share any pertenant information on this website.

There is abosolutely no way he can legally Identify you without a court order giving him access to IP address for this forum. I doubt any judge would do that without some serious issues developing.

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NEW CAP1 LAWYER ?? Or ?

Cap1 has just set up with a law firm BURR-FORMAN the lead lawyer Rik Tozzi , he has in his Web site that he is a partner , this was just up last week , below is part of his Web history , he has taken over my Arbitration case and 3 other lawsuits I have , at the same time as this was happening Trueq and MG05 for some reason got kicked off this site or maybe they didn't depending on who you listen to ?

He has extensive experience enforcing arbitration provisions, enforcing covenants not to compete, and confidentiality provisions against agents, as well as defending and prosecuting cases against Internet schemes concocted to avoid legitimate debt.

If Cap One gets serious you will see similar lawyers pop-up to sculpt the law in this area of credit card arbitration. They will probably target pro se and inexperienced lawyers. These guys are not cheap and there will be a bigger goal than just defeating one case. Similar things occur in insurance law: State Farm is very good at this in insurance cases.

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If Cap One gets serious you will see similar lawyers pop-up to sculpt the law in this area of credit card arbitration. They will probably target pro se and inexperienced lawyers. These guys are not cheap and there will be a bigger goal than just defeating one case. Similar things occur in insurance law: State Farm is very good at this in insurance cases.

I know how bad State Farm is and its about the same with Cap1 , here is a Email from them , the question is can this be considered a legal order ?

All communications from this date forward must be with me. Further,

I represent capital one regarding any and all issues, regardless of

Account or nature, you have have with capital one. Thus, all

Communications with capital one must cease immediately and be directed

To me.

I will respon to your latest emails in due course.

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Also is this not enough for a lawyer to want to take a case and if it is why will no lawyer take it ?

ILLEGAL ACTIONS OF CAPITAL ONE BANK (USA)

1 , Failed to follow Rules Of Civil Procedure by failing to file a Motion to appoint a process server and failing to obtain Courts order to use a process server .

2 . Refused to furnish proper alleged Agreement , an act that violated our rights to Arbitration .

3 . Refused to furnish us a proper alleged Accounting for the alleged amount they were demanding .

4 . Used a Process Server that was unlicensed in our jurisdiction and somehow obtained a FALSIFIED Verified Return of Service , stating we were Served in person when in fact we were never served at all .

5 . In an act of Fraud Upon The Court CAPITAL ONE BANK (USA )Submitted the FALSIFIED Verified Return of Service as evidence into the Court Records , CAPITAL ONE BANK (USA) knew or should have known this document was falsified .

6 . CAPITAL ONE BANK (USA) submitted the illegal / falsified documents in an act of Ambush , by Ambush I mean we were not made aware of or shown what they were submitting to the Court .

7 . CAPITAL ONE BANK (USA) committed this illegal action for the sole purpose of having our motion to the Court denied in a wrongfully manor .

8 . CAPITAL ONE BANK (USA) then proceeded to submit other evidence that was false as presented to have my Motion To Dismiss denied .

9 . CAPITAL ONE BANK (USA) refused repeated demands by us to withdraw the false evidence and are now refusing our request for an explanation of their illegal conduct and our requests for information that pertains to their illegal conduct . Their refusal to withdraw the false evidence has and still is casting us in a FALSE LIGHT.

10 . CAPITAL ONE BANK (USA) 's actions have denied us our rights to Due Process Of Law and denied our Civil Rights by holding us in an illegal Court action for almost a year now , I am 67 years old and not in good health and the illegal actions of CAPITAL ONE BANK (USA) is causing me serious damage by their actions .

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Guest usctrojanalum

David, I hate to break this to you but everything you described is not a serious violation of anything and some of what you listed flat out has no merit. Most of everything you pointed out, the court itself has it's own remedy to correct. And if a court of law can't determine that evidence is false or not authentic then there is nothing you can do.

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Guest usctrojanalum

ILLEGAL ACTIONS OF CAPITAL ONE BANK (USA)

1 , Failed to follow Rules Of Civil Procedure by failing to file a Motion to appoint a process server and failing to obtain Courts order to use a process server .

Not illegal or against the law. Just simply an oversight and a violation of rules of civ pro. The court can determine a possible remedy. Not a punishable violation.

2 . Refused to furnish proper alleged Agreement , an act that violated our rights to Arbitration .

Not illegal or against the law. You should have this agreement it was given to you when you opened the account. Do you have a court order demanding they produce this document? Well the court has their own remedy for this.

3 . Refused to furnish us a proper alleged Accounting for the alleged amount they were demanding .

Again, not illegal or against the law. Did you request this in discovery? Did you file a motion to compel the discovery? The court has a remedy for this.

4 . Used a Process Server that was unlicensed in our jurisdiction and somehow obtained a FALSIFIED Verified Return of Service , stating we were Served in person when in fact we were never served at all .

This is illegal, but not an illegal action of Cap1. Once again, the court will have a remedy to fix this. Did you put forth in your answer lack of personal jurisdiction? can you get a hearing regards to the service? The court has a remedy for this.

5 . In an act of Fraud Upon The Court CAPITAL ONE BANK (USA )Submitted the FALSIFIED Verified Return of Service as evidence into the Court Records , CAPITAL ONE BANK (USA) knew or should have known this document was falsified .

How in the world would Capital One ever know that this document was falsified? Again falsifying the document is illegal but Cap1 did nothing wrong.

6 . CAPITAL ONE BANK (USA) submitted the illegal / falsified documents in an act of Ambush , by Ambush I mean we were not made aware of or shown what they were submitting to the Court .

Might be a violation of Civil Procedure, but it is not a serious one and it does not come with punitive damages. The court will have a remedy for this.

7 . CAPITAL ONE BANK (USA) committed this illegal action for the sole purpose of having our motion to the Court denied in a wrongfully manor .

Even if this did have merit, you could never prove it.

8 . CAPITAL ONE BANK (USA) then proceeded to submit other evidence that was false as presented to have my Motion To Dismiss denied .

It is up to you to question their evidence and point out the holes in your oppositions case. If a judge made a decision on a motion and you lost I'm sorry this probably does not have merit either.

9 . CAPITAL ONE BANK (USA) refused repeated demands by us to withdraw the false evidence and are now refusing our request for an explanation of their illegal conduct and our requests for information that pertains to their illegal conduct . Their refusal to withdraw the false evidence has and still is casting us in a FALSE LIGHT.

Did you ask for this in a discovery demand? Did you get a motion to compel the discovery?

10 . CAPITAL ONE BANK (USA) 's actions have denied us our rights to Due Process Of Law and denied our Civil Rights by holding us in an illegal Court action for almost a year now , I am 67 years old and not in good health and the illegal actions of CAPITAL ONE BANK (USA) is causing me serious damage by their actions .

Due Process and your civil rights have not been violated.

I know this may have been harsh but someone needed to do it. And I what I listed above is likely the reasons why attorneys are deciding not to handle your case and why the bar association dismissed your ethics violations.

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usctrojanalum , thank you for your input although its kind of disappointing , its obvious that you see very little wrong in the fact that violating our Laws and Rules of Civil Procedure is wrong . There is nothing wrong with being harsh and letting people know how you feel so with that being said :

I could see clearly when whoever is in charge of this site seen fit to get Trueq and MG05 off of this site , that admin or someone had somehow sold out to the very people that this site was set up to help protect us from .

Why would the two people that were helping the most and getting us the best results get booted off and other people like yourself that seem more interested in discouraging people , be allowed .

Maybe someone on this site could explain it to me , I tried to get admin to address the issues but had no success

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David, you shouldn't take offense to USC's comments. They're actually enlightening to you if you look at what they're teaching you. All of the civil procedure rules that were broken, are not part of the complaint as far as getting it to arbitration if that's your main goal (as it would seem).

Anything the attorney's did outside the scope of the rules are things the court should take care of on it's own motion. You can do what you've done and bring its attention to the behavior, but you, not being a judge or ethics committee board member, don't have standing to enforce sanctions.

The bigger question you should be asking, if indeed you feel you were railroaded in the court, is how to get this into arbitration as fast as possible.

As far as the site favoring one side or the other, I have no facts to base a conclusion on so I will refrain. In defense of CIC, I've always seen it as a fairly neutral board, and the discussion usually isn't to discourage, but really to bring people back down to Earth.

I had huge ideas when I got here, but then I put them into pragmatic use and was glad I had people who "discouraged" some of my ideas. Looking back, had I followed my instincts blindly and didn't learn from the experience of others and heed a few of the warnings, I wouldn't be in the position I am today to handle my issues the way I do.

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