No proof of balance, contract from OC

[Barney]

I tried to call Capital one bank who is listed as the Defendant to see if they still have alleged debt or if it was sold and the person I talked to said they can not discuss this subject with me as the account has been charged off.

This Complaint says they want me to pay the balance of a liquidated debt.

BUT;

1.There is only a generic agreement attached

2. There is no written proof attached from Capital one Bank stating what the balance was when it was charged off.

a. Am I required to take the attorneys word.

3.They give all these different contracts that I allegedly agreed to use and pay this card

a.should they not be required to show which one of these or combination of contracts I allegedly agreed to and when this agreement was made

4. Should they not be required to show some paperwork from Capital One Bank giving these attorneys the job of collecting this money

Can anyone help me with these questions and weather they could be used as a defense.

Thanks

Barney

1. Venue is proper as the defendants reside within this County at XXXXXXXXXX Pueblo West Colorado. and/or entered into a contract within this County.

2. The amounts the Plaintiff claims from the Defendants are $8,368.51, which represent the liquidated balance of the Defendants' credit card account owned by Plaintiff, plus interest of $.00 and reasonable attorneys' fees in the amount yet to be determined and awarded by the Court, and Court costs, along with continuing interest at the rate of 0% annum.

3. The plaintiff's claim arises from the Defendants" failure to pay the liquidated balance due on credit card account number XXXXXXXXXXXX, as required by the cardholder agreement. The Plaintiff claims the right to recover from the Defendants under one or more of the following legal theories: Express Contract, Implied Contract, Quantum Meruit, Liquidated Debt arising out of a Contract, Account Stated, Unjust Enrichment, Agreed Interest or Statutory, Interest, and/or Agreement to pay reasonable attorneys' fees. Plaintiff's attorneys barring a change in circumstances or new developments arising in this case, anticipate presenting to the court a request for an award of reasonable attorneys' fees in the amount of $1,255.00

4. the Defendants are not minors, incompetent, or in the military service of the United States, but are engaged in civilian pursuits.

5. The Plaintiff does not demand trial by jury.

[Coltfan1972]

Yeah, they have to prove everything you just asked about. However, not in the initial complaint. That is what discovery and trial are for. The complaint is just to put you on notice for what they intend to prove at trial.

[legaleagle]

Should they not be required to show some paperwork from Capital One Bank giving these attorneys the job of collecting this money

No, they do not. They can hire any lawyer they want, all he is required to provide is an appearance form with the court, you get a copy. You need to tell us the date of the last payment you made. Also, edit your post and round off the numbers.

[BV80]

Check Cap1's entry on your credit report. If an account is sold to a junk debt buyer, Cap1's entry will state sold or transferred somewhere in that entry. If those words are not mentioned, then Cap1 still owns the account.

Regarding the cardmember agreement...the applicable agreement would be the one that was in effect when the account went into default. For instance, if you made your last payment in June, 2009, the agreement that was in effect at that time would be applicable.