byegone

Being Sued w/ Capital One Named as Plaintiff

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1. In light of al the corrupt games being played by JDC in this day and age, is it wrong for me to question who the Plaintiff really is in this case? Is it wrong for me to assume it is Cap One just because the court paper says so?

This is the crux of the issue I'm trying to figure out right now. Apparently, Capital One, like many OC companies, securitize their accounts to raise capital for their operations, thus, the ownership of the accounts they originated must be scrutinized as well.

I'm working on a Request for Documentation questioning the true ownership and therefore, standing to be able to sue.

Many people around the country are winning their foreclosure cases in court because of this same issue. When it comes out that the banks can't prove who actually owns the mortgage anymore, the foreclosures are thrown out and people retain their homes. I'm not sure what becomes of the mortgage and how it is paid off (if at all, since ownership isn't proven) but I know there are cases of people winning because of the securitization scam being run by pretty much ALL lenders in this country.

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I never received a a written “validation notice”

setting forth, among other things, the consumer’s right to dispute the debt as defined in 15 U.S.C. § 1692g(a), either. Should I state this in my affirmative defenses section of my answer?

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Your going to want to search the forum for securitization. It's been discussed ad nauseam and there is case law from a few parts of the country that reject the securitization defense with regards to consumer credit card transactions.

Also, never receiving the written validation notice is not a defense. It could be a basis for a lawsuit against the attorneys office but it will be your word against theirs.

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This is the crux of the issue I'm trying to figure out right now. Apparently, Capital One, like many OC companies, securitize their accounts to raise capital for their operations, thus, the ownership of the accounts they originated must be scrutinized as well.

I'm working on a Request for Documentation questioning the true ownership and therefore, standing to be able to sue.

Many people around the country are winning their foreclosure cases in court because of this same issue. When it comes out that the banks can't prove who actually owns the mortgage anymore, the foreclosures are thrown out and people retain their homes. I'm not sure what becomes of the mortgage and how it is paid off (if at all, since ownership isn't proven) but I know there are cases of people winning because of the securitization scam being run by pretty much ALL lenders in this country.

Yeah Texas I'm doing the same - read this article if u get a chance. It wont let me link it as URL (u need to have 20 posts)

moneymorning.com/2012/02/03/robo-signing-is-the-tip-of-the-iceberg-for-the-banks/]Robo-Signing is the Tip of the Iceberg for the Banks - Money Morning

Just curious Did the Attorney for your Plaintiff send you a Debt Validation Notice? Did the Original Creditor send you a letter stating anything to the effect of being handled by an attorney or debt collector? In my case they sent me nothing only the summons and complaint?

Edited by byegone

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Yeah Texas I'm doing the same - read this article if u get a chance. It wont let me link it as URL (u need to have 20 posts)

I sent u a Private Message last night only to not have it go through.

Just curious Did the Attorney for your Plaintiff send you a Debt Validation Notice? Did the Original Creditor send you a letter stating anything to the effect of being handled by an attorney or debt collector? In my case they sent me nothing only the summons and complaint?

Never received Debt Validation Notice from OC or debt collection firm. Just received an offer letter to settle for around $4.8k, but I obviously didn't have the money and didn't know to request validation. I was served on May 24th and tomorrow is day 50 by which I need to answer. So, I'm busy trying to put this all together today...:roll:

My hope waxes and wanes with one thread read to another. I know this firm routinely dismisses prior to trial, but I don't yet know why.

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Never received Debt Validation Notice from OC or debt collection firm. Just received an offer letter to settle for around $4.8k, but I obviously didn't have the money and didn't know to request validation. I was served on May 24th and tomorrow is day 50 by which I need to answer. So, I'm busy trying to put this all together today...:roll:

My hope waxes and wanes with one thread read to another. I know this firm routinely dismisses prior to trial, but I don't yet know why.

The OC is not required to send a DV notice.

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why don't you guys that are trying to get enough posts to send PM and post links go to the discuss anything forum and talk about your favorite TV show to bump up your post count so you can do whatever you want.

I don't know for a fact but I'm sure the post count is to limit bots and about one a week scammers come in and list a bunch of stolen stuff for sale but would never take the three min it takes to bump up their post count enough to be able to PM

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JDBs do routinely fold when faced with competent opposition. They are lawyers, despite the fact that they are the bottom of their class. They still went to law school and they know more than a newbie pro se. They can smell somebody who doesn't know what they are doing, and they will pursue. When they get a high level pleading from a pro se, they back off. The game goes up when it is an OC, which is harder to defeat. If an OC targets you, that means they think you have something worth pursuing. Otherwise, they'd sell you to Midland. Take that into consideration. From what I've seen of your defense so far, you're in trouble. They know this too. Offers to settle are a sign of weakness, and when they are rejected, you have to wonder why. It's usually because they know they can beat you, get a judgment, and eventually collect the entire amount with interest. You'll then be part of the next securitization package they sell. Don't be worrying about how many posts you have so you can PM us, most of us won't answer. We have enough of our own work to do. Stick to the forum and do your homework.

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Byegone, depending on where in New York you're located, you might want to consider contacting C.L.A.R.O. (Civil Legal Advice and Resource Office) for some assistance. I can't post a link to the site, but if you google CLARO in NYC, you'll find it easily. Good luck!

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Anybody dealing with the likes of Capital One needs to quit trying to figure things out and immediately elect arbitration if your account went into default before 2010.

If you've already been sued, in addition to sending the election notice to the attorney and Capital One - then file a MTC arbitration with the court along with your answer of course incorporating the fact that you've elected arbitration.

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Anybody dealing with the likes of Capital One needs to quit trying to figure things out and immediately elect arbitration if your account went into default before 2010.

If you've already been sued, in addition to sending the election notice to the attorney and Capital One - then file a MTC arbitration with the court along with your answer of course incorporating the fact that you've elected arbitration.

How exactly would one do this? I have no idea. Im also being sued by capital one for $16xx and don't have much time at all to respond with an answer. I was already supposed to reply with an answer but i have absolutely no idea what im supposed to write.

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How exactly would one do this? I have no idea. Im also being sued by capital one for $16xx and don't have much time at all to respond with an answer. I was already supposed to reply with an answer but i have absolutely no idea what im supposed to write.

Read through this entire link. Linda has spelled this process out in full as well as posted a sample Motion to Compel Arbitration at the end.

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Anybody dealing with the likes of Capital One needs to quit trying to figure things out and immediately elect arbitration if your account went into default before 2010.

If you've already been sued, in addition to sending the election notice to the attorney and Capital One - then file a MTC arbitration with the court along with your answer of course incorporating the fact that you've elected arbitration.

Okay Linda, you've convinced me. I have a couple of questions. I've gone over to the Debtor's Board as you've suggested in previous threads but haven't had a lot of luck in finding specifics regarding how to file MTC arbitration in Texas (even searched for Silverzgirl). In my case, I'm being sued by Cap 1 and have recieved their responses to my discovery request. After doing a LOT of research on these boards, I've decided they will probably win if I try to defend myself against them so I'm going to go ahead and pursue the arbitration route. I've seen your sample arbitration forms and letters (thank you for these). My question is if I submit a request for arbitration with Cap 1 and their attorneys, can I take my MTC arb to my status hearing which is scheduled for August 2nd? Or should I file my MTC before then (I'm assuming through the County Clerk's Office)? Will there be any issues about me waiting 'till this point to request arbitration? Any info you have is appreciated.

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Okay Linda, you've convinced me. I have a couple of questions. I've gone over to the Debtor's Board as you've suggested in previous threads but haven't had a lot of luck in finding specifics regarding how to file MTC arbitration in Texas (even searched for Silverzgirl). In my case, I'm being sued by Cap 1 and have recieved their responses to my discovery request. After doing a LOT of research on these boards, I've decided they will probably win if I try to defend myself against them so I'm going to go ahead and pursue the arbitration route. I've seen your sample arbitration forms and letters (thank you for these). My question is if I submit a request for arbitration with Cap 1 and their attorneys, can I take my MTC arb to my status hearing which is scheduled for August 2nd? Or should I file my MTC before then (I'm assuming through the County Clerk's Office)? Will there be any issues about me waiting 'till this point to request arbitration? Any info you have is appreciated.

I can't answer about your court, but I know this - what would it hurt to try? I'd send the attorney and Capital One (using their address in the arbitration provision) a notice electing arbitration via JAMS as I've shown in the other post. Then I'd immediately file a MTC arbitration with the court. Make sure to ask if you need to request a hearing on your motion. I'm guessing that your motion will be heard at the upcoming hearing, but you need to ask to be sure. Also, asking for arbitration with Capital One only works if you defaulted "before" 2010. They took out arbitration in 2010.

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I can't answer about your court, but I know this - what would it hurt to try? I'd send the attorney and Capital One (using their address in the arbitration provision) a notice electing arbitration via JAMS as I've shown in the other post. Then I'd immediately file a MTC arbitration with the court. Make sure to ask if you need to request a hearing on your motion. I'm guessing that your motion will be heard at the upcoming hearing, but you need to ask to be sure. Also, asking for arbitration with Capital One only works if you defaulted "before" 2010. They took out arbitration in 2010.

Hi Linda, thanks for the response. Defaulted 4/10 , so I guess I cannot elect arbitration at this point. I've quit trying to figure things out and realize that this is not a JDB this is the original creditor. I guess I should be looking at the "settlement" posts for this issue. Time running out and they filed Motion for Summary Judgement to be heard in September. Amount is $1X,XXX they offered settlement at $8,XXX I want to try to get them down to 5 or 6.

I've learned so much on these boards. Can't thank everyone enough for taking the time to do this. You should all get together and publish a book, from start to finish!!

I have Midland dropping a bomb soon and this is not the OC..... missed the DV period due to a death in the family, now I'm just waiting for their next move .... i'm locked and loaded!!

Edited by byegone

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