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Dismissed with Prejudice


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So, it's the OC, IF they had won a judgment the total would be over 8K they had about 100 statements, an agreement and their affidavit.

They offered to Dismiss with Prejudice and settle for less than I was getting in damages for FDCPA violations, I'll talk about all that later. I had the choice of keeping the money and continuing to fight or keeping a little bit and having it all go away:)++

You can guess of course what I chose to do.::travolta::

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So, it's the OC, IF they had won a judgment the total would be over 8K they had about 100 statements, an agreement and their affidavit.

They offered to Dismiss with Prejudice and settle for less than I was getting in damages for FDCPA violations, I'll talk about all that later. I had the choice of keeping the money and continuing to fight or keeping a little bit and having it all go away:)++

You can guess of course what I chose to do.::travolta::

You're going to continue to fight the good fight.....

Right?

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make sure you get tradeline deletion.

Excellent power play goal.

I was (and am) prepared to file bankruptcy, BK7 I was going to have everything ready to go but it now occurs to me that if things continue in the manner they have I may not have to file.

When I was served I never really thought it would work out for me, it seemed an impossible goal...........

now it seems anything is possible

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I was (and am) prepared to file bankruptcy, BK7 I was going to have everything ready to go but it now occurs to me that if things continue in the manner they have I may not have to file.

When I was served I never really thought it would work out for me, it seemed an impossible goal...........

now it seems anything is possible

Good for you. I sincerely wish you the best.

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So, it's the OC, IF they had won a judgment the total would be over 8K they had about 100 statements, an agreement and their affidavit.

They offered to Dismiss with Prejudice and settle for less than I was getting in damages for FDCPA violations, I'll talk about all that later. I had the choice of keeping the money and continuing to fight or keeping a little bit and having it all go away:)++

You can guess of course what I chose to do.::travolta::

This thread seems to pick up in the middle of something, but I don't know what happened in the beginning.

Is there more to the story somewhere?

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Yes, I would like to know the story also on how you got them to dismiss with Prejudice. I would take that deal myself. I am in about that position now in that they have an agreement and about 30 statements so far so I am wondering how you got them to offer to dismiss.

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We made our agreement on the day of my motion hearing to dismiss with prejudice for lack of standing re securitization, I also had a motion to compel discovery, and to amend pleadings, I had a lot of stuff going on at one time in this case including separate FDCPA claims and Cross Claims where I had prepared and submitted affidavits and the written complaint.

I'm trying to write things up in a way that won't violate any releases or completely blow anonymity.

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what is securitization? Do you think they offered to dismiss because of that or because of all the work they were throwing your way? I had a lawyer from my Plaintiff get huffy because I was costing them alot of time and money and threatened me that it was going to go on my judgment when they got it. I think I am going to file a claim against them for that outburst. I have a witness.

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what is securitization? Do you think they offered to dismiss because of that or because of all the work they were throwing your way? I had a lawyer from my Plaintiff get huffy because I was costing them alot of time and money and threatened me that it was going to go on my judgment when they got it. I think I am going to file a claim against them for that outburst. I have a witness.

I think I became a hole they were throwing money (time) into.

Basically I challenged their standing to bring an maintain the lawsuit because they sold the credit card receivables so they could be securitized and sold to investors, since they had been paid in full there was no injury.

I wanted the Master Trust Pooling and assignment agreements that showed that they were assigned the rights to pursue collection by the LLC that purchased the receivables from them.

I never got past that point, never got the docs, so as I have said I'm not entirely sure what made THE difference, but the issue of standing was something we were spending a lot of time on.

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Thats great! and I meant to say I wondered if they dismissed because of all the work YOU were throwing THEIR way. haha

I think I became a hole they were throwing money (time) into.

Basically I challenged their standing to bring an maintain the lawsuit because they sold the credit card receivables so they could be securitized and sold to investors, since they had been paid in full there was no injury.

I wanted the Master Trust Pooling and assignment agreements that showed that they were assigned the rights to pursue collection by the LLC that purchased the receivables from them.

I never got past that point, never got the docs, so as I have said I'm not entirely sure what made THE difference, but the issue of standing was something we were spending a lot of time on.

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We made our agreement on the day of my motion hearing to dismiss with prejudice for lack of standing re securitization, I also had a motion to compel discovery, and to amend pleadings, I had a lot of stuff going on at one time in this case including separate FDCPA claims and Cross Claims where I had prepared and submitted affidavits and the written complaint.

I'm trying to write things up in a way that won't violate any releases or completely blow anonymity.

FDCPA claims against an OC?

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Thats great! and I meant to say I wondered if they dismissed because of all the work YOU were throwing THEIR way. haha

I would like to think your case was dismissed because the OC did not want to be exposed because of the securitization issue. Had they submitted the MASTER TRUST AGREEMENT and revealed they had indeed sold the accounts and had already been paid. Of course the subject of securitization is a gray area, and apparently not widely known, or used as a defense, but one should certainly use it as an affirmative defense...never know what the judge may rule. Anyway, the results were in your favor, and that's what counts !

CONGRATULATIONS !!

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FDCPA claims against an OC?

Well the FDCPA language lets Original creditors and originator's of the debt off the hook for the FDCPA liability

but I was making noise about them being a 3rd party debt collector and assignee of debt because they sold it and had to have the rights assigned back to them. Also attacked the affidavit as being materially false and misleading.

I did not make a precision attack with full knowledge of what I was doing, my nature is to hit a problem from multiple perspectives at the same time, to run it into the ground, take it apart and put it back together 100 different ways,

I made mistakes as I went but I learned a lot too, the end result was that it went away and did not cost me a cent out of my pocket.

They may have just thought I was nuts:lolsign:

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Well the FDCPA language lets Original creditors and originator's of the debt off the hook for the FDCPA liability

but I was making noise about them being a 3rd party debt collector and assignee of debt because they sold it and had to have the rights assigned back to them. Also attacked the affidavit as being materially false and misleading.

I did not make a precision attack with full knowledge of what I was doing, my nature is to hit a problem from multiple perspectives at the same time, to run it into the ground, take it apart and put it back together 100 different ways,

I made mistakes as I went but I learned a lot too, the end result was that it went away and did not cost me a cent out of my pocket.

They may have just thought I was nuts:lolsign:

I've always thought sanity can be boring. :D

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  • 2 months later...

Can anyone give me advice about my pending litigation with Capital One and Hanna.

I got a notarized verification of Hanna response to my discovery, which included statements but with 2.5 years left out no agreement, nothing / my signuature, signed by some chick at Capital One Services LLC. But she signed her name for Capital One Bank the Plaintiff. I called to find out if she really was a true person at this COS,LLC.

I asked her if Capital One Bank was in fact the holder of this debt still, that it had not been sold off to COMET and she said yes Cap One is. What documentation can I request to prove that Cap One has standing to collect this debt? Hanna still claiming client privilege and will not answer any of my interrogatories or produce documents. Any advice?

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Can anyone give me advice about my pending litigation with Capital One and Hanna.

I got a notarized verification of Hanna response to my discovery, which included statements but with 2.5 years left out no agreement, nothing / my signuature, signed by some chick at Capital One Services LLC. But she signed her name for Capital One Bank the Plaintiff. I called to find out if she really was a true person at this COS,LLC.

I asked her if Capital One Bank was in fact the holder of this debt still, that it had not been sold off to COMET and she said yes Cap One is. What documentation can I request to prove that Cap One has standing to collect this debt? Hanna still claiming client privilege and will not answer any of my interrogatories or produce documents. Any advice?

First, it is Capital One Consumer Services...What you will do during discovery is send a written interrogory to that person at Cap One..you subpoena that person to answer your written interrogory. If the process server comes back to say that the subpoena could not be delivered to that person at that address...you will most likely win. Then you motion to strike any evidence Hanna tries to admit to court along with the affidavit that person signed.

That person you spoke to will not tell you over the phone that your debt is held by a third party trust. They do not have to answer it.

Also, check your state rules for submitting affidavits to authenticate a debt. See what is needed. I am sure Hanna broke a few FDCPA statutes by harassing you repeatedly by phone.

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