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I could add that the lawyers office called today. Must have gotten the date for the pre-trial in the mail yesterday. HA! It was one of their goons, not the attorney himself. I simply refuse to talk to them before the pre-trial... unless I am feeling confident enough to get really tough with them. I guess we shall see... Let them drive 3 hours or so to our court over here to defend their stupid unsubstantiated claim.

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Read the Rules of Civil Procedure (MCR 2.111 ©, (D) & (E) in particular).  MCR 2.111 (F) defines your affirmative defenses; don't go overboard on those as you may be called upon to prove them. SOL is fine.

 

The form of your answer must be that you either admit, deny or state that you have insufficient knowledge (which has the effect of a denial).

You can't 'disagree'.

 

If you deny an allegation you must state the substance of your denial (give a reason).

Don't go into such detail; it gives away too much info and the plaintiff will have a leg up on what they need to produce to beat you.

 

For example, I would answer allegation #1 like this:

Deny. Plaintiff has provided no proof to sustain the allegation.

 

During the discovery phase (assuming that this is in District Court and not Small Claims), you will ask plaintiff to provide the documents they claim they have to prove ownership of the alleged debt. When they don't; you will have grounds for an admission that they don't have standing.

 

Make them spend money to beat you ......... for this small amount they won't want to spend it and will dismiss.

 

 

As a side note you might want to look into a motion for dismissal in lieu of an answer based on lack of jurisdiction.

According to your post (#25) they didn't plead venue or jurisdiction. Just an idea and I could be off base on this.

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I could add that the lawyers office called today. Must have gotten the date for the pre-trial in the mail yesterday. HA! It was one of their goons, not the attorney himself. I simply refuse to talk to them before the pre-trial... unless I am feeling confident enough to get really tough with them. I guess we shall see... Let them drive 3 hours or so to our court over here to defend their stupid unsubstantiated claim.

 

They might just hire a local attorney to go to court for them if it's inconvenient for them to drive that far.

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Thank you Savoir.

 

How about if I just word it like this?



1.1. deny, plaintiff has provided no proof to sustain the allegation. 

2.1. deny,  has failed to define proof of the debt. "Exhibit A" appears to be fraudulent.

3.1. insufficient knowledge

4.1. deny, alleged debt is past the statute of limitations.

5.1. deny, plaintiff has provided no proof to sustain the allegation.

6.1. deny, plaintiff has provided no proof to sustain the allegation.


The defendant humbly requests that this Honorable Judge dismiss this case in its favor and against the plaintiff due to lack of evidence.

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I'm not sure if anyone has mentioned it to you but CreditOne and LVNV are part of the same company. LVNV acts as a JDB because they "purchase" accounts from their sister company which is CreditOne. Then they use some of the other companies below that they also own that act as collection agencies. Look back and see if you can find any letters from these other companies. They might be very helpful in establishing an FDCPA Violation. 

 

Allied Interstate

Anson Street, LLC
Ascent Card Services II LLC
Ascent Card Services, LLC
Ashley Funding Services LLC
Credit One Bank, N.A.
Credit One Financial Solutions LLC
Fieldstone Asset Management LLC
Granite Asset Management LLC

Limestone Asset Management LLC
LVNV Funding, LLC
PYOD LLC
Resurgent Capital Services L.P.
Resurgent Capital Services PR LLC
SFG REO, LLC
Sherman Acquisition II Limited Partnership
Sherman Acquisition L.L.C.
Serhma Acquisition Limited Partnership
Serhman Acquisition TA LP
Tradd Street LLC

 

 

The list changes on a regular basis, so some of these may no longer exist. Its unclear the exact relationship between all of them. Its definitely confusing to the least sophisticated consumer. :hmm:  What I do know is that you can draw a straight line from CreditOne to LVNV. 

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@ArtVandelay

 

This is what the OP is trying to ascertain ......... did Credit One bank purchase an alleged debt from Capital One or were they the OC.

Do you know if Credit One purchases or not?

 

@pulpfictionfan

Remember that 'insufficient knowledge' acts as a denial and, as such, requires that you support that denial.

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@ArtVandelay

 

This is what the OP is trying to ascertain ......... did Credit One bank purchase an alleged debt from Capital One or were they the OC.

Do you know if Credit One purchases or not?

 

I doubt this has anything to do with Capital One. As far as I know CreditOne only originates credit cards. No relationship exist between the two companies.

 

Capital One now is listed on a lot of HSBC accounts because they bought them, but still no relationship between HSBC and CreditOne.

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@ArtVandelay

 

Thank you sir ......... that's the same information that I was able to discover with a little research.

They issue what is regarded as 'credit re-builder' accounts and then, once the account is established, proceed to add on exorbitant fees that are defined in the small print.

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And I still maintain I never had the account. I distinctly recall the Capital One account. I have even been going through old checking statements to see if I ever made a payment to Credit One. That is what I am down to now. I finished the "Amended Answer to Summons" and will bring it to the court tomorrow and send all the copies out with Return Receipts Requested and now my only hope is to go through all that old paperwork again to find any and all letters that may have originated from any of the collectors mentioned above or anything else that looks remotely close to being related to Credit One. In the mean time I am also going to be going through any and all bank statements to see if I ever made any payment to Credit One.

 

All I can say for sure is that I know the Capital One credit account seemed to have been passed through many, many hands, and I do have most of those records in a file, so onward from there is all I can do.

 

But, I did file the Answer to Summons so now I assume the ball is in the CA's hands.

 

Again, please, especially, Savoir... Thank you for all your time helping me decipher some of this. It is all still very confusing to me, but little by little, I think I am starting to absorb it ;) ! If I did in fact sign up for a Credit One account and somehow forgot about it, I guess I am now paying the consequences and I will have to get it settled up. There is always a light at the end of the tunnel :) !

 

Thanks again for all the help I have gotten here. Am planning on doing a lot more reading from others posting here. Thanks again!

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If this is truly not your account, I would fight the gates of hell.  I don't think Credit One issues cards from reading the posts here, that seems like an LVNV ploy.  

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Hopefully, you submitted an affidavit attesting to not owing this alleged debt with your answer.

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Thanks @admin. I will do my BEST not to make it too easy for them! LOL I still have some fight left in me!!!

 

@Savoir, Thanks for the heads up! Tomorrow when I submit the paperwork to the court, I will ask them about setting it up as an affidavit!!!

 

In the meantime, I was so happy I got the "Amendment to Answer to Summons" done today and ready for tomorrow so I can finally begin again to proceed with the other aspects of my life!!! I am going to focus on doing as much reading and brushing up in the meantime as I can!!!

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I don't think Credit One issues cards from reading the posts here, that seems like an LVNV ploy.  

 

All CreditOne does is issue cards. LVNV is one of the main internal companies that they sell their defaulted account to. Then they usually have one of their other companies act as a collection agency. Whatever the name of the company is, Sherman???, they do everything from origination to final collection. 

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Thank you sir ......... that's the same information that I was able to discover with a little research.

They issue what is regarded as 'credit re-builder' accounts and then, once the account is established, proceed to add on exorbitant fees that are defined in the small print.

 

 

I think basically this boils down to if the OP had a CreditOne account or not. 99.99% chance that Capital One has nothing to do with it. 

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OK. But isn't it possible that since the account passed so many hands... somewhere the confusion got misplaced and the accounts got confused? And accounts were sold... perhaps to related companies... clerical errors and what not... These companies are all related. How much of a little mistake would it take? I will be looking at everything I have as far as paperwork and bank statements go for the last ten years or since the last bill from Capital One. But I have also already done that.

 

When I got the paperwork from the CA I assumed it was from the Capital One account - nothing else made sense. I still don't believe I ever maintained a Credit One account. I still lean towards that scenario.

 

Then my next question would be is if it is possible that I got some offer from Credit One, and perhaps even responded to it.. and then... never used it after I realized the exorbitant fees? Why did it take them as long as it did to charge off the account?

 

The mind boggles. If the account was closed in 2008 I still have much paperwork from that time period here. Something SHOULD be showing up.

 

Then what? From everything I have read Credit One makes it pretty hard to cancel an account. Maybe I am day dreaming here. Pulling at straws?

 

How could it be that I have gone through so much paperwork and have NEVER seen a single bill from Credit One?

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Then my next question would be is if it is possible that I got some offer from Credit One, and perhaps even responded to it.. 

 

This is the question you need to find the answer to. Either you had a CreditOne account or you didn't. Capital One has nothing to do with these other companies.

 

The relationship between Capital One and CreditOne is a long shot and probably not a possibility. Charged off accounts from CreditOne go directly to LVNV. Its not like they auction these accounts like others. They have a guaranteed buyer that is part of the same company and that is where the accounts end up. I know this because I have been involved in litigation dealing with these companies. I am not just making random statements after doing a Google Search.  

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@Savoir, Thanks for the heads up! Tomorrow when I submit the paperwork to the court, I will ask them about setting it up as an affidavit!!!

 

 

 

I'm sorry for any confusion I may have caused.

 

When I said that you may want to include an affidavit; I meant a separate document attesting to the facts in your case.

 

You also need to include a certificate of service.

 

Make 3 copies of each document; one for the court, one for the plaintiff and one for yourself.

Take them to the court clerk, have them stamped, File one, send one to plaintiff (CMRRR) and keep one for your records.

 

You really need to do some reading ......... this is normal procedure in most states.

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Yes, I got all of it... copies all mailed out with certificate of service. The clerk looked at me funny when I mentioned the affidavit. She said all of this so far so good is standard procedure. YES!!! I need to do a LOT more reading! At least the paperwork is in and I have some time now to get my facts together. Praying I can effectively win this... But yes, I am not feeling especially brilliant right now.

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Sounds like you did good.

Get your discovery requests sent out to plaintiff next (CMRRR).

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They might just hire a local attorney to go to court for them if it's inconvenient for them to drive that far.

It was particularly funny to me because this guy sounded almost exactly like a friend of ours... At first I honestly thought it was our friend making a joke about the pronunciation of our name! But as I listened to the message it became clear it was not a friend :) Kind of funny, though!

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