Answering a complaint

[yawzah]

I am trying to answer this complaint...will anyone please review and give input. I'm not sure what to admit what to deny as far as the wording goes. Yes at one time I had this card years ago.. however my name is secondary and I do not remember if I was the one that actually signed or if my husband had put me down.

He ran charges up 1 yr AFTER the divorce was final. So I don't know if his gf signed my name either since I've asked 3x for purchase signatures and they only send me the statement copies. They lived out of state and I never once knew they were charging...I'd love to nail her for fraud but can't prove without the purchase signatures.

To Whom It May Concern:

I am writing in response to the Complain that was given to me.

1. states that I am a card holder.. attached is a copy of the Customer Agreement but nothing showing I signed up for card.

1. No, at this point in time I do not remember opening an account. There is no evidence presented to me that I did. I do not see my signature on any agreement presented.

2. promise to pay advanced monies..

2. There is no evidence to show that I agreed to pay on this account that is mentioned.

3. Due and owing $7769

3. The amount that this company is asking for varies. I have several correspondence letters showing various amounts.

4. Accured interest in $0 thru Feb 2012

4. Unsure since each letter states different amounts.

5. Defendant has failed, refused or neglected to remit said sums.

5. Although this is not my debt I have offered settlement on various occasions. I had hired someone to negotiate a settlement as well. I never signed an agreement with this company and had asked for proof of validation that they own this debt.

Thank you for any input...

[alexander323bc]

I am trying to answer this complaint...will anyone please review and give input. I'm not sure what to admit what to deny as far as the wording goes. Yes at one time I had this card years ago.. however my name is secondary and I do not remember if I was the one that actually signed or if my husband had put me down.

He ran charges up 1 yr AFTER the divorce was final. So I don't know if his gf signed my name either since I've asked 3x for purchase signatures and they only send me the statement copies. They lived out of state and I never once knew they were charging...I'd love to nail her for fraud but can't prove without the purchase signatures.

To Whom It May Concern:

I am writing in response to the Complain that was given to me.

1. states that I am a card holder.. attached is a copy of the Customer Agreement but nothing showing I signed up for card.

1. No, at this point in time I do not remember opening an account. There is no evidence presented to me that I did. I do not see my signature on any agreement presented.

2. promise to pay advanced monies..

2. There is no evidence to show that I agreed to pay on this account that is mentioned.

3. Due and owing $7769

3. The amount that this company is asking for varies. I have several correspondence letters showing various amounts.

4. Accured interest in $0 thru Feb 2012

4. Unsure since each letter states different amounts.

5. Defendant has failed, refused or neglected to remit said sums.

5. Although this is not my debt I have offered settlement on various occasions. I had hired someone to negotiate a settlement as well. I never signed an agreement with this company and had asked for proof of validation that they own this debt.

Thank you for any input...

I am new to this so If am wrong about any of this I am sure someone would step in and correct me. First thing I noticed is if the account is not yours why would try to make a settlement to pay it? In sec 2 you state there is no evidence that you agreed to pay the account. Then in answer 5 you write you hired someone to negotiate a settlement. This is just my thought but it seems a little contradictory. Also you need to mention SOL in your answer. This way you can use it as a defense if it is past the SOL.

Edited May 11, 2012 by alexander323bc

[yawzah]

Thanks for input....still not sure what to do.

1) I'm denying that I'm aware the card existed any longer. Also that they are not showing any proof that I signed up for card.

Right, maybe acknowledge I must have had the card at one time, although they are not presenting proof of any signature that I did so since my name appears to be secondary.

2)I had assumed since they are not proving I signed up for card therefore I don't acknowledge the debt being mine.

5) I hired someone before I found this site. They came after me so I was defending and negotiating. He got nowhere.

As far as the SOL .. I had checked. maybe I'm wrong. They came after him, he filed bankruptcy and they turned on me. It has been 3 yrs, only 1 yr of pursuing me.

[alexander323bc]

Put the SOL in Answer, leave the option Open. I would not admit to anything, leave the burden of proof on them to prove its your account. Don't give them any help by admitting to anything. This is just my opinion. Maybe someone else will chime in and help further.

[legaleagle]

You need to post the complaint. Redact your name and round off the amount. What you wrote above is not the way to answer, if they see something like this they'll redouble their efforts because you don't know what you are doing. Not your fault, but that's the way they think.

[yawzah]

reads as :

Now comes the Plaintfiff, by it's attorneys, Weltman, Weinberg & Reis Co., LPA who it's Complaint state as follows"

1. That Defendant is the holder of a credit card issued by Plantiff pursuant to the terms and conditions for said card. The existanceof this debt is established in teh exhibit attached hereto as Exibit A (attached is Customer Agreement--no signature, and Arbitration Agreement)

2. That Plantiff, upon Defendant promise to pay, advanced monies on Defendant behalf on an open account bearing acct #XXXX

3. That there is now due and owing ot Plaintiff, by Defendant the amoutn of $7769 on said acct (this amt has varied each ltr).

4. That further Defendant account has acucured interest in the amount of $0.00 thru Feb 06, 2012.

5. That although often requested to do so, teh Denfendent has failed, refused or neglected to remit said sums to Plaintiff. (I have made several attempst for settelement).

goes on to say they want court cost and fees...

They never answered my Validation Ltr, and I read one of Kristi's blog about Collection agencies using Capitol One in Plaintiff's name but Cap One had accepted the bankruptcy ...if they did (ex filed) then they wrote it off so how can these people come after me?

Again..thank you!

[legaleagle]

Write off is an accounting procedure. They get a tax credit for a bad debt. If they eventually get you to pay, that money goes onto the books as taxable, it's as if it never happened. Who is the plaintiff? Very important.

[debtorshusband]

Unless you get better advice, applicable for your state, I would suggest you copy your wording from the California General Denial form, here:

http://www.courts.ca.gov/documents/pld050.pdf

Change the headers to imitate what the complaint you received looked like: parties, case number, etc. The form basically says:

"Defendant (your name) generally denies each and every allegation of plaintiff's complaint.

Defendant states the following facts as separate affirmative defenses to plaintiff's complaint."

You'll have to do research on Affirmative Defenses. There is plenty of help for this here on the forum, including the opinion not to use Affirmative Defenses.

Good luck.

DH

[yawzah]

Capitol One is the Plantiff...