Just about finished with Cap One

[docniss]

I will make it brief. My husband is being sued by Cap One. We have gone through all the steps that needed be done legally. He requested POD, and Admissions etc. What we got was of course the text book copy of old statements, but also, a printout of a computer screen with husbands name, SS#, and old work address. At this time, husband wants to write the lawyer and offer them a settlement, low ball them, but I know from reading here that a low ball offer will likely go unanswered. The next court date is October 15, just wondering if he should make a low ball offer or wait, go to court and make his case in front of the judge. He obviously will not be able to deny the charges as they have his SS, Name and work address, but he has no money/job as of now, husband has been unemployed for the better part of 4 years first due to the economy, then most recently he suffered injuries on 2 separate occasions to his legs that has required surgery to both. He was not able to leave the house without assistance for the first 7 months of this year. Fact is, he does not have the 7+K to pay it, a low ball offer, we could probably arrange, if a judgment is set against him, the bes we cold do it $10-25/month. So should he write a letter or go to court?

[admin]

Is there evidence to authenticate the documents? Why are you throwing in the towel?

[Massive]

They haven't proven squat. They can't even prove they own the debt, because they don't. They used a securitization scheme and sold the receivables to a series of trusts to then be traded on by investors. Use the they haven't even proven they own the debt defense and stick to it. Let the court know that there is no authenticated evidence in the courts record that the original creditor stills own the debt. Those statements don't mean crap, but the Plaintiff's alleged Law Firm does know that if it is disclosed that they pleaded them as evidence of a debt that the original creditor no longer owns then they are in deep doo doo. Fight the scumbags.

[docniss]

Massive: The debt was not sold, the law firm represents Cap One.

Admin: First back in May I filed for POD etc and was told by the Plaintiff that they would not respond because I filed it with the court, I requested the court to make them comply with the request, they filed a document iwth the court saying they did not have to because I filed with the court, but I did serve them too, so I researched and resent to them another request for the POD & Admissions I wrote out some of my questions and the response is in bold. i will not put them all as you can get the idea from a few:

(1) That the Plaintiffs admit or deny they have an Original Credit Applicatin on file of the Defendant with a verifiable signature? Plaintiffs atty respopnse Plaintiff objects s the term "verifiable signature" is undefined. Without waiving said objection, Plaintiff admits the inclusion of a verifiable signature on the application.

(2) That the Plaintiff's admit or deny that they issued an Original Credit Application? Plaintiff objects as the term "issued" is undefined and confusing. Without waiving said objection, Plaintiff admits that the Defendant applied for an account.

(3)That the Plaintiff's admit or deny they have OLDIS_the online data information sheet with authorization code? Plaintiff objects s the term OLDIS -the online data information sheet is undefined. Without waiving said objection, Plaintiff cannot admit or deny

Anyway, the husband is just so overly stressed by not being able to provide for the family and these sorts of things just seem to be the icing on the spoiled cake. I would probably fight it if it were me, but I will pass this and any other info you all might provide onto him and decide where we should go next.

[docniss]

ok so I was just reviewing some documents. the Plaintiff provided me with an Affidavit, I have read a lot here about those. this one is from someone that claims to be an authorized agent of Capitol One, does that hold any weight or is it B.S.?

Oh I see where it says " The books and records of Cap One show that the Defendant is currently indebted to Cap One on account number____________ (this is left blank on their affidavit) for the sum of.... "

Where it is singed and dated it is signed interestingly enough before the case was actually filed in the courts and the person that signed it does not have a title associated with his name.