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Recently I received a summons from attorneys specializing in collections in Michigan for a debt stemming from an alleged Credit One Bank credit card. Apparently, according to my credit reports, LVNV LLC purchased the alleged debt in December of 2008.

 

This is all new to me. I had never even heard of LVNV until I received the summons, nor do I believe I ever held a credit card with Credit One Bank.

 

In the meantime, LVNV has been adding interest to the so called amount owed, after they purchased it from Credit One. I don't see how they can do that if the account was in fact charged off by Credit One. In fact, they are trying to accumulate additional interest up until April of this year.

 

I filed an Answer to Summons with my local court, where I am being sued.

 

This is very, very confusing. For starters, I believe the original debt actually dates back to a Capital One credit card I had that was charged off back in 2005. I have looked through ten years of paperwork here and I have yet to find a single bill from Credit One. Is it possible that somehow Credit One got ahold of the account that was charged off from Capital One?

 

I am of limited means right now. But I would like to take care of this issue. I plan to go meet them in court and negotiate reasonable terms BUT ONLY IF they can prove I did in fact have a Credit One account.

 

Prior to being served papers, I did send a certified letter to the attorney asking for proof of the debt. All he sent me was the copy he had included in the original paperwork called "Exhibit A" which looks like a copy paste job and does not appear to be legitimate.

 

In the answer to summons I stated:

 

1. I have never owned said credit card (paraphrased just a bit).

 

2. I have never seen "Exhibit A" until I was served the papers by the attorney and then again in the summons.

 

3. Please provide proof of said agreement.

 

4. Said account did not exist as stated by the plaintiff.

 

5. How does a person accrue interest on an account that has long since been charged off?

 

6. Plaintiff has failed to provide proof of debt.

 

On further pages I stated:

 

I do not owe this debt.

The plainfiff has failed to define the charges.

I want to have a statement showing all charges and any signatures I might have made.

I want a copy of said credit card agreement.

"Exhibit A" appears to be fraudulent. It looks like someone copied and pasted the paperwork together.

Credit Card agreeement was closed a long time ago why is interest being accrued up until April of this year?

ETC...

 

According to the clerk at the court, a "pre-trial" will be scheduled. That is the next step. I assume that is when the attorneys will have to bring more evidence and if they have it then we can negotiate a settlement. The clerk said I will sit down with the attorney and discuss it, a judge will be close by and can be called upon at any time during the pretrial. That doesn't sound too bad, right?

 

I don't really feel that I am any where near being prepared to meet these people in court. I have been spending a lot of time reading up on the laws and gathering information but I feel I have a very long way to go.

 

But in the meantime, I really want to get to the bottom of this. I want this fixed on my credit reports as well. How can I find out for sure if I had a Credit One account? Because honestly, this is the first I have ever heard of a credit card account with Credit One.

 

Thanks in advance for any help one may have to offer. I know this sounds more confusing than anything else and I apologize.

 

 

 

 

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I believe the SOL in your state is 6 years, so it has to have already run. Did you state an affirmative defense for SOL in your answer?

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I believe you are correct, the SOL here in Michigan is six years. If I am correct, if this goes back to Capital One, I am way past the SOL. However, if it is a Credit One account, and if that did exist, then... it could be possible that the CA has a chance, except that I would dispute all the interest accrued, and other factors. I just don't have any further information. All I have at this point is "Exhibit A" and it doesn't look legit. 

 

This is one reason I have so many questions. One of which would be... at what point does the SOL begin? At the time of the last activity on the account, such as at the time of charge off?

 

I don't even think my credit reports are accurate.

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At the time I sent them a certified letter I requested that the CA send me proof of the debt. All they did was to send me another copy of "Exhibit A" which appears to be iffy at best.

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I believe you are correct, the SOL here in Michigan is six years. If I am correct, if this goes back to Capital One, I am way past the SOL. However, if it is a Credit One account, and if that did exist, then... it could be possible that the CA has a chance, except that I would dispute all the interest accrued, and other factors. I just don't have any further information. All I have at this point is "Exhibit A" and it doesn't look legit. 

I don't see why it would be within the SOL if it is in fact credit one. Does your credit report show credit one?

 

This is one reason I have so many questions. One of which would be... at what point does the SOL begin? At the time of the last activity on the account, such as at the time of charge off?

 

For the sake of answering a complaint / lawsuit; I would start the SOL countdown from the date of last payment. If they want to argue it is from the last activity / charge off; then let them prove that by showing that you are bound to terms that state that.

I don't even think my credit reports are accurate.

Then they are probably not. If they help your case then they are accurate. If they hurt your case then you probably do not agree with them and can set them off to the side.

Does your report show Cap one or credit one, or the bottom feeder suing you, and any date of last payment?

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At the time I sent them a certified letter I requested that the CA send me proof of the debt. All they did was to send me another copy of "Exhibit A" which appears to be iffy at best.

At the very best. (although I haven't seen what it is).

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Credit One Bank is an issuer of 'credit rebuilder' Visa cards and is not related to Capital One (that I can determine) even though their logos are very similar.

I can find no evidence of Credit One purchasing Capital One accounts.

 

During your pre-trial conference you will want to ask the judge to allow discovery.

This is where you will be able to clear up the confusion.

Your argument about the interest may depend on the language of the alleged credit card member agreement.

 

In the meantime you will want to start educating yourself about the rules of the court.

 

Michigan Civil Procedure

Michigan Rules of Evidence

 

Questions for you to answer are:

  1. How much is the alleged debt for (round it off)?
  2. How long ago did you file your answer?
  3. As Anon Amos asked ........ did your affirmative defenses include the expired SOL?
  4. Was there an affidavit included with your complaint?

I'm going to take it for granted that Credit One doesn't appear anywhere on your credit report.

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1. Alleged debt is for a grand total of $ 700.00 give or take a few dollars.

 

2. I filed my answer as of Monday, July 1st with the court. I hand delivered the documents.

 

3. My affirmative defense, if I understand the question was not mentioned in any of the paperwork I gave the court.

 

4. I am not sure what you mean by affidavit. ?

 

Credit One does in fact appear on my credit reports... all three of them. If I were not currently in this situation with the attorneys (aka the CA) I would be disputing this debt. As it is I didn't even know about it until I was sent the paperwork from the attorney informing the lawsuit was commencing.

 

So you see... not a good position to be in.

 

I would like to restate the fact that if I did somehow have a Credit One credit card, I would like to negotiate the payoff amount. But if not, then why would I?

 

One curious item is that my credit line was $250.00. How did I end up with a bill of $618.00 at the time the alleged account was "transfered/sold". And then after the sale, I was still somehow accruing interest?

 

Honest. I have looked through ten years of paperwork and have yet to find a bill from Credit One, but I do still have all the paperwork for Capital One. Very frustrating...

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1. Alleged debt is for a grand total of $ 700.00 give or take a few dollars.

 

This alleged debt is small enough that you may wish to look into arbitration to run the collectors off.

 

2. I filed my answer as of Monday, July 1st with the court. I hand delivered the documents.

 

....... or you might want to consider filing an amended answer to include the affirmative defense that this alleged debt is beyond the SOL. You have 14 days from the date that you filed your original answer to amend it without leave of the court.

 

3. My affirmative defense, if I understand the question was not mentioned in any of the paperwork I gave the court.

 

Again, you might want to consider amending your answer to include the affirmative defense of SOL. Read MCR 2.111 (F) (2).

 

4. I am not sure what you mean by affidavit. ?

 

An affidavit is a declaration from the plaintiff that attests to or backs up the facts of plaintiff's case (not the formal complaint). It would have been filed with the complaint and should have been served to you with the complaint.

 

Credit One does in fact appear on my credit reports... all three of them. If I were not currently in this situation with the attorneys (aka the CA) I would be disputing this debt. As it is I didn't even know about it until I was sent the paperwork from the attorney informing the lawsuit was commencing.

 

So you see... not a good position to be in.

 

I would like to restate the fact that if I did somehow have a Credit One credit card, I would like to negotiate the payoff amount. But if not, then why would I?

 

One curious item is that my credit line was $250.00. How did I end up with a bill of $618.00 at the time the alleged account was "transfered/sold". And then after the sale, I was still somehow accruing interest?

 

LVNV is a junk debt buyer ......... and has apparently purchased your alleged debt. A debt buyer steps into the shoes of the original creditor after purchase and thereby is entitled to accrue the same interest rate that the original creditor is entitled to according to the terms and conditions of the original card member agreement and it's subsequent amendments.

 

Now I'm curious .......... if you don't recall this particular card, how is it that you recall your credit limit?

 

Honest. I have looked through ten years of paperwork and have yet to find a bill from Credit One, but I do still have all the paperwork for Capital One. Very frustrating...

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Thank you so much for all of your information! Really, really appreciate it! The credit limit is stated on both "Exhibit A" and also on my credit reports. So I need to get on this "amended answer"! Thank you thank you thank you!!!! Now I need to sit down and seriously digest all of this :-)

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You're welcome.

 

What was included in the paperwork that was sent from the court?

Was there an affidavit from the plaintiff or just that Exhibit A ........ and what does it purport to be?

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I am not sure I understand the difference between the affidavit and the complaint. I have here a "Summons and Complaint" and I don't see for sure that I have an affidavit. But Exhibit A appears to show a bill from Credit One dated 11/03/08 with a minimum payment due of $600.00 + a few dollars and cents. As of 11/03 (?08?) there was "service charge" "closed account maintenance fee" *finance charge* of $3.00 and a "late fee" of $29.00 and a "finance charge" for purchases $ 10.52 cash advance $0.00 for $10.52. Bizarre. It doesn't make any sense to me.

 

Credit One Banks address and my name and address looks to be totally different from the other areas of the bill. I mean, it looks like someone took a mailing label and affixed it to another persons bill. Makes no sense.

 

Does this make sense?

 

If I try to negotiate with things as they are now, how would I ever know this thing would go away?

 

Thanks for all the good advice, I need some time to digest it all. Thanks :) !!!

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A date of 11/03/08 doesn't put it out of the SOL.

Look at your credit report  under Credit One to find the date of charge off to estimate the SOL.

 

An affidavit is an addendum to the complaint usually made by someone who purports to be an employee of the plaintiff or the original creditor.

If all you received was the billing statement; an affidavit may not have been filed with the complaint. Unusual.

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I was thinking the same thing; amend the answer and state the SOL. You are actually in a good position. It's only for $700 and you can't find anything from credit one in your records, so you can honestly deny the whole thing and make them prove it.

Don't talk to anyone from the office but the lawyer, and I would not even consider or mention a settlement, even if it was yours if it is past the SOL. You can re toll the SOL by making a payment or by agreeing to pay it.

Does your credit report say date of last payment?

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Credit One Banks address and my name and address looks to be totally different from the other areas of the bill. I mean, it looks like someone took a mailing label and affixed it to another persons bill. Makes no sense.

 

Does this make sense?

Perfect sense. Created solely for the sake of litigation. You don't even know if it's really yours.

 

If I try to negotiate with things as they are now, how would I ever know this thing would go away?

 

You won't. In fact it will have the opposite effect. You will not get them to go away by offering them money. It's better to offer them savings or value. You can save them a lot of time and expense pursuing your case in a court of law, if they simply dismiss it.

Or you deny all allegations and demand to see proof. If you fight the case a little bit they will go away because it will cost them more than it's worth, and they still would have to collect even if they did win.

Thanks for all the good advice, I need some time to digest it all. Thanks :-) !!!

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Thanks so much for the help! I spent some time last night reading some other posts here initially seeming closely related to my case, and I read the thread by bmc100 for Those Being Sued by a JDB. I am starting to feel a little better about this.

 

I am going to make an amendment with the court and will be working on that for the next day or so. I called the court and they said I can actually amend my statements all the way up to the date of the hearing. Apparently, the court here is pretty flexible, but I would still like to get it done within the 14 day time period, just to keep things simple and within standard time frames... just in case something should come back to bite me.

 

Does anyone have any suggestions as to how my amendment should read and what I should write?

 

I think first and foremost I need them to prove they own this debt. Anything else?

 

The complaint has 5 points I need to respond to. Is it OK for me to go ahead and "answer" more than five, in other words, provide additional statements as to why I believe this debt is bogus? I am trying not to miss anything in my amendment.

 

Thanks so much in advance!

 

I am so glad I found this website... So much good information! Thanks to all of you!!!  :titanic:  :nannersplit:::punk:::grouphug: 

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I would definitely get it amended within the 14 day time frame allowed by MCR 2.118 (A) (1).  Don't rely on the clerk's information. If plaintiff sees that it is late, they will bark like a dog.

I don't know what your answer to the complaint looked like nor do I know how the complaint read so, I have no idea of what you might change other than including affirmative defenses and perhaps a counterclaim (if they have violated Michigan's Consumer Protection Act or the FDCPA).

 

You may also want to consider looking into filing an affidavit (highly suggested) with your amended answer stating the reasons you believe that you don't owe this alleged debt. MCL 600.2145

 

Affirmative defenses are defined in MCR 2.111 (F) (3).

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Credit One Bank is an issuer of 'credit rebuilder' Visa cards and is not related to Capital One (that I can determine) even though their logos are very similar.

I can find no evidence of Credit One purchasing Capital One accounts.

 

During your pre-trial conference you will want to ask the judge to allow discovery.

This is where you will be able to clear up the confusion.

Your argument about the interest may depend on the language of the alleged credit card member agreement.

 

In the meantime you will want to start educating yourself about the rules of the court.

 

Michigan Civil Procedure

Michigan Rules of Evidence

 

Questions for you to answer are:

  1. How much is the alleged debt for (round it off)?
  2. How long ago did you file your answer?
  3. As Anon Amos asked ........ did your affirmative defenses include the expired SOL?
  4. Was there an affidavit included with your complaint?

I'm going to take it for granted that Credit One doesn't appear anywhere on your credit report.

Savior, with the Capital One account... it was given to various CA's and over the course of time every time there was some collection effort on this the amount owed varied dramatically. I cannot help but wonder if one collection agency overlapped another and eventually the accout landed up with LVNV only to be confused with Credit One as opposed to Capital One. I mean.. what the H??? 2008 wasn't that long ago? Why is this the first time I have heard of this debt?

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Some of the things I've read on this board lead me to believe that anything can happen.

 

If this suit proceeds, you will have a discovery period (which you can ask the judge to allow at a pretrial conference) in which you can ask for documents, admissions and interrogatories and straighten the confusion out.

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2. I filed my answer as of Monday, July 1st with the court. I hand delivered the documents.

I hope you sent the Plaintiff a copy as well....

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Savoir,

Thank you so much for all your help and advice. I have finally been able to find some time to sift through some of this... and read more of the pinned notes, along with some others experiences. Thank goodness there are good people out here that can offer some knowledge, help and experience. It means a lot. And it is always fun to learn new things as well.

 

Anon Amos, I feel the same about your advice. Really, really, really appreciate it!

 

This whole thing came at such a bad time. My husband is disabled (diagnosed with MS in '99) and taking time to deal with this lawsuit is taking valuable time from an already strapped household. But the good people and good advice I have found here has saved me so much time! I am really, really grateful. I feel very confident in your help because it just makes a lot of sense, too!

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1. Who is suing you? LVNV Funding LLC, c/o:  Resurgent Capital Services LP, represented by Jonathan A. VanGemert via Weltman, Weinberg & Reis Co. L.P.A.

2. For how much? $696.34

3. Who is the original creditor? Credit One Bank

4. How do you know you are being sued? Summons and Complaint served 6/18/2013

5. How were you served? Served upon my person at residence.

6. What was your correspondence (if any) with the people suing you before you think you were being sued? None

7. Where do you live? Newaygo County, 78th District Court

8. When is the last time you paid on this account? Not sure, I don't believe I ever made a payment on it.

 

 9. What is the status of your case (if anything has been opened)? Filing an amendment to my original Answer to Summons.

 

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, unaware of alleged debt.

11. Did you request debt validation before the suit was filed? No, unaware of alleged debt

12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming.

Unsure, but I have already filed an answer to summons. I am now looking to file an amended answer to summons.

 

1. The Plaintiff is the owner of the within credit card account through Purchase, bearing account number 4447XXXXXXXXXXXX.

 

2. By use of the account, the Defendant became bound by the terms in the CREDIT CARD agreement. The existence of this debt is established in the exhibit attached hereto as Exhibit A.

 

3. The Plaintiff has exercised its rights pursuant to the terms of said Agreement to accelerate the time for payment of the entire balance due and owing by the Defendant to the Plaintiff.

 

4. That there is now due and owing to Plaintiff by Defendant, the sum of $ 618.32 on said credit card agreement.

 

5. That further, Defendant's account has accrued interest in the amount of $78.02 through April 17, 2013.

 

6. Although demand has been made upon the Defendant to liquidate the balance due and owing, the Defendant has failed to do so.

 

"Exhibit A" truly looks like a bill of some kind, but both my name and Credit Ones name and address appear to be mailing labels pasted to any bill and dated on or around the time they are suggesting the account was closed, on around 11/3/2008.

Based on the SOL I am guessing, IF I did in fact have this account I defaulted LONG before this "final" bill... way before the sale to LVNV.



=============================


With that being said, I would like my "Ammendment to Answer to Summons" to read something like this:

1.1. disagree with the statements in paragraph 1 because Plaintiff has failed to provide standing.

2.1. disagree with the statements in paragraph 2 because Plaintiff has failed to define proof of the debt. "Exhibit A" appears to be fraudulent. The address of both Credit One and Defendants name and address look to be nothing more than mailing lablels that have been affixed to a bill for the purpose of litigation.

3.1. disagree with the statements in paragraph 3 because Plaintiff failed to make Defendant aware of said debt prior to bringing forth a lawsuit and when contacted by registered letter by Defendent, Plaintiff again failed to provide more than "Exhibit A".

4.1. disagree with the statements in paragraph 4 because this alleged debt is past the Statute of Limitations.

5.1. disagree with the statements in paragraph 5 because the account was, by the Plaintiffs own admission, as evidenced in "Exhibit A" charged off by originating collector as of 11/2008. Additionally, Plaintiff has failed to provide the date of the last payment on said credit card account.

6.1. disagree with the statements in paragraph 6 because Plaintiff has failed to provide legitimate evidence of said debt.



Any suggestions will be greatly appreciated!!! Obviously, this forum has a lot, but I do need some brushing up on my minimal knowledge of how to go about this effectively :)!

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