skihaus

Fight the CA myself or go to Arbitration? MAchol & Johannes vs. me

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Thanks BummedByDebt, but I don't qualify for arbitration since my agreement was when they removed the option.

@ muchneeded I called the court and they confirmed the court date was set.

I'm going to send my response tomorrow certified to the court and Mas%$ole & Jacka$%nes. I will deny everything except for material information, ie address.

I will keep you posted. When is your alleged date?

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The latest update - I was scheduled for court today or respond. I sent in a response denying everything, except name, address, etc. I also added the affirmative defenses that applied as discussed on the home page. Contacted the court a day later since I sent everything certified, signature, etc. They stated the court date was pending until further review. In the meantime I received a package via First Class Mail from M & J that contained a generic copy of the cardholder agreement and copies of statements from April 2011 till the account was charged off in July 2012. 

 

My question is, should I respond to this, if so how so? Also there was a cover letter that stated...We are attorneys...blah, blah, but our client is prepared to take a reasonable offer...blah, blah...call attorney nobody cares at 303-xxx-xxxx. 

 

I realize in my research and having talked to court clerk that I should be hearing from the court as well. I welcome comments, suggestions, experiences, references and/or resources.

 

Thanks!

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What defenses did you use? 99% of them do not apply in credit card cases. You could conduct some discovery while you study. Otherwise they will hit you with summary judgment. That's what you should be studying.

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Thanks for the reply! My response to the court was the following:

 

 

1.     Allegation 1 – Admit

2.     Allegation 2 – Denied. This request calls for admission of matter defendant has denied and thus it is improper.

3.     Allegation 3 – Denied. Responding party objects to this request on the ground that it is vague, ambiguous and unintelligible in that the Responding Party has to speculate as to the meaning of “the credit card” and “the account.”

4.     Allegation 4 – Admit.

5.     Allegation 5 – Admit.

FURTHERMORE, Defendant DENIES every other allegation not previously admitted, denied or controverted.

 

AS AND FOR AFFIRMATIVE DEFENSES

 

1.     Plaintiff fails to state the basis of the lawsuit.

2.     The action is barred by the Statute of Frauds.

3.     The court would unjustly enrich the plaintiff by granting the relief sought herein.

4.     The plaintiff has not proven the debt is valid or the amount of the debt is accurate. The plaintiff must prove that the principal, interest, collection costs, and attorney’s fees are all correct, agreed to in your contract, and lawfully charged. Defendant also insists that the plaintiff come up with the contract, account statements and purchase receipts to prove the amount of the debt.

 

WHERFORE, the defendant asks the Court for judgment:

a.     Dismissing the complaint therein with prejudice

 

 

I have listed the allegations in summary for better understanding of my response. 

 

The allegations were:

1. Place of residence

2. You owe 'x'

3. You held a credit card with account #

4. You are not a minor, incompetent, etc.

5. Request a jury

 

I think if I want discovery I would have to file a counter-suit. Not sure how that works. Let me know what you think.

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So here is the game changer, but maybe this is the order of events. I am not sure how this works since this is my first time. Today I received a payment option or as M & J call it a Settlement Stipulation. The format of it looks like a complaint, but the cover letter indicates that it wasn't filed with the court until I sign it. They also included a payment booklet, which I thought was real cute. 

 

Does anyone know, are theses scare tactics? Should I just keep waiting to hear back from the court? I Is there anything I can do to be proactive in the meantime? I appreciate any input or other's past experiences. Thanks!

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So here is the game changer, but maybe this is the order of events. I am not sure how this works since this is my first time. Today I received a payment option or as M & J call it a Settlement Stipulation. The format of it looks like a complaint, but the cover letter indicates that it wasn't filed with the court until I sign it. They also included a payment booklet, which I thought was real cute. 

 

Does anyone know, are theses scare tactics? Should I just keep waiting to hear back from the court? I Is there anything I can do to be proactive in the meantime? I appreciate any input or other's past experiences. Thanks!

 

If they are looking to settle, I bet they don't have much of a case.

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I agree, they probably do not have a good case.  I also received their coupon book along with a court settlement stipulation that they wanted me to sign (which I never did).  I called an attorney regarding discovery, and according to Rule 316, County Court Rules, Chapter 25, if either party brings evidence, or whitnesses, etc., they must provide a Form 9.  This works both ways.  I elected to wait and see if the atty. would send me this form prior to the 'trial date', which he did not.  When I arrived on the trial date, I was told that I needed to talk to the attorney first, because the judge wanted it that way (I never saw or spoke to the judge).  The rest is history (see my posts InTheDark).

 

I just had my case dismissed (without prejudice) on Nov. 6, 2012.  (same attys).  I posted the information on the forum.  Maybe this will help you.

 

InTheDark

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I don't think them looking to settle means they don't have a good case, it simply means they want to get their money in the easiest and fastest way possible.  My guess from all I have read on here is that Capital One isn't going to send a representative to testify for the amount that they are trying to collect from you, which would put their case at great jeopardy depending upon the court and judge etc.  I chickened out and settled because it seemed to me the judge and the attorney had a very good relationship but there was no Capital One representative when I went in for the trial date.  I also felt bad cause I did spend the money and I am paying back only a little more than a quarter of what I spent.  However, its really just a game of chicken, if you do decide to settle the longer you hold out the more likely you are to get a good deal.  If you choose not to settle and they don't have anyone from Capital One there you have a shot but you might have to testify as to the statements and charges that were made and be prepared to answer and convince the judge (if not a jurty trial) that you don't owe the money or that they can't prove that you owe it it properly based upon their evidence.  You will need to get more seasoned members opinions as to what to say or do in the case that the Cap One person doesn't show and how to go about attacking the evidence they have in that case.  I have a post on it where some people gave some general answers and I am about to post what I would have asked if someone did show up and I wouldn't have settled but of course have no idea how that would have gone.  Good luck and I hope this works out for you, InTheDark seems to have one of the few if any good outcomes I have seen in Colorado with this attorney against an OC, maybe because he is the only one that stood up to them properly.

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Thank you all for your responses, input and sharing your experiences. This is very helpful in my continued research.

 

So now I just received a letter from M & J indicating that I am scheduled for a mandatory mediation session. They provided a copy of the Douglas County Civil Mandated Mediation Order dated January 11, 2010. The mediators are, The Elledge Group, INC in Englewood, CO and Office of Dispute Resolution (ODR). 

 

The final page is requesting my acknowledgement of receipt, however if it is mandatory why would I need to acknowledge. 

 

Anyone have any insight on this process? As always the cover letter discusses options to settle and that M & J would prefer to settle prior to this meeting, etc. 

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Anyone have any experience with a mandated mediation session? How to handle this session I requested a dismissal in my response - is it possible I still may here from the court? I still haven't received anything from the court after my response.

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