Jump to content

Hunt & Henriques Question


Recommended Posts

Hello- My wife had a server here at our wanting to serve her papers but she was not home. He did not leave the paperwork and left. I went online and pulled up the file through Los Angeles County court. It states a collection case. Then it stated order to show cause and matter set fir hearing on 7/30/2012. This is for Capital One. What she owes is just under $3000. I know it's still within the SOL. I did send a Certified letter to them wanting arbitration on 12/28/2011 but never received anything back so far. Now my wife is freaking out. Is it too late to try and settle this debt? And if I can what am I realistically looking at for a settlement? The full amount + fees?

I do not have the time for court dates so paying it may be my best option.

Thoughts?

Thank you for your help.

Mike

Link to comment
Share on other sites

I just won my case against Hunt & Henriques this mth. They were wanting to settle 60% off the amount alleged owed to OC. Several posters here have beaten them in court. My alleged debt was around $3000. Now its ZERO! Now i went up against a JDB (junk debt buyer) not the OC (original creditor) Is Hunt & Henriques suing for Cap. One?

I'm not sure re the arbitration. Maybe someone else can help you there.

RE settling that is exactly what they want you to do.

Link to comment
Share on other sites

I went up against Cap One and they dismissed the case the eve before trial. You need to do discovery and see exactly what they have. Also toward the end of the case if they use a declaration from an employee of Cap One in VA they may not want to pay the $$ to send them here. These are things that happened in my case. I would not settle with them. They are winable. You need to answer them and deny the debt and as you did, you need to ask for arbitration. BUT did you write to an aribitration forum and ask them to take your case? You have to write a letter to Cap One asking for arb. and then you have to write to one of the forums (I think JAMS is the best because it is very expensive and they won't want to pay the fees. If you are low income you may be able to get Cap One to pay the fees but if you have or make decent money you have to pay the fees.

My suggestion is to send a letter to JAMS asking for aribtration. Send them a copy of your agreement showing you have this option. Pay the fees if you have to or if you are low income, ask JAMS to have Cap One pay the fees. Send 1 more letter to Cap One with copies of your application to JAMS ( I believe somewhere on line you can find the forms you need. I would google JAMS forms). If you don't hear anything from the creditor then you will have to file a motion to compel arbitration. but first read the agreement very carefully to see how you have to apply and do it right. I would give them 10 days to answer and if they don't tell them you are filing a motion to compel arbitration and then do it. Or don't even warn them, just do it. Then it will be up to the judge. There is a lady on here,Linda, that knows alot about aribtration. Hope she comes along to help you..

Edited by chiquita55
Link to comment
Share on other sites

I had a 2005 agreement that I used. I can't get it online tho to send it to you. I may have found it online tho. Maybe someone here has it. Or I would google '2005 capital one agreement' and see if you can find it online. That one should work fine for you. And it does have the arbitration clause in it. There is another forum that is big on aribtration called 'debtors forum; or something like that. I went to it when I was trying to get into arbitration. You might google them and see if you can find their forums if you want to go the arbitration route.

Link to comment
Share on other sites

  • 2 months later...

Anyone help on this one:

Hunt & Henriques filed S&C. I answered and also told them within 30 days that I had a fraud investigation going. I had mail and checks stolen and forged. I had a letter to the Post Office General and a Police report cited which I expected to offer as evidence in court.

In the meantime, (against what others told me what the would do), they filed for default judgment. I feel that they were in violation of civil procedure and I did not have my day in court. Any ideas? I need to challenge very soon if I am going to do so ... this really ticks me off.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.