Pheasant Gunner Posted May 15, 2016 Report Share Posted May 15, 2016 The complaint filed through the Municipal Court had a Exhibit A attached with HSBC all over the statement. The account #s were not visible and there was a noticeable attempt to white out the account #. The plaintiff says the original credit holder is Capital One Card Services. Quote Link to comment Share on other sites More sharing options...
CCRP626 Posted May 15, 2016 Report Share Posted May 15, 2016 Q's to answer when posting in this forum - please read! Sounds like an old account. HSBC accounts became Cap One. Here's a couple of threads from a recent Ohio winner. You can start off challenging what they attached and also find your old (2010 or earlier) cardmember agreement which probably has private arbitration in it as an option with a survivability clause. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted May 15, 2016 Report Share Posted May 15, 2016 9 hours ago, Pheasant Gunner said: I received a complaint from Bureaus Investment Group PORTF OLINO NO 15 LLC, c/o Kirschenbaum, Phillips & Levy, P.C. in Columbus Ohio through a Municipal Court in Ohio on Nov. 18, 2015. WHEN did you receive the summons? You only have 30 days to answer to the court on the summons at most and if you were served 6 months ago it may be too late and they have a default judgment already. 9 hours ago, Pheasant Gunner said: Is this a third party trying to sue me? Is this illegal? HSBC/Cap1 apparently sold your debt as part of a sale of bad debts to a junk debt buyer. It is not illegal for them to sue you because when they buy an account they buy all the rights and responsibilities which includes the right to sue to collect. What helps is they buy a "pool" of bad debts and often cannot prove that they bought YOUR specific account and merely want to rely on no documents or spurious robo-signed affidavits to make their case. In truth they are hoping for the quick and easy default judgment. Consumers who stand up to them often get a dismissal because the less than 10% that fight back are more than offset by the 90%+ that let them get a default judgment to garnish wages and levy bank accounts. Quote Link to comment Share on other sites More sharing options...
Pheasant Gunner Posted May 16, 2016 Author Report Share Posted May 16, 2016 1. Who is the named plaintiff in the suit? Bureaus Investment Group PORTF OLIO NO 15 LLC 2. What is the name of the law firm handling the suit? c/o Kirschenbaum, Phillips, & Levy, P.C. 3.How much you being sued for? On Nov. 18, 2015 on the first complaint it was for $1,111.85 / On Dec. 28, 2015 the current balance is $1,564.90 If I am not mistaken under the FDCPA I sent my dispute within 30 days of the receiving of the first dunning letter through the Municipal Court I think the law states the Debt. Collector must immediately stop its collection activity. 4. Who is the original creditor? Capital One Card Services Inc... 5. How did you know you were being sued? Received a letter first class mail from the Municipal Court with the summons and complaint. Do not remember receiving a letter from Capital One, the Bureaus or HSBC card services trying to discuss this before going directly to through the court system. 6. How were you served? First class mail. 7.Was the service legal as required by State? As far as I know yes. 8.What was you correspondence (If any) with the people suing you before you think you were being sued? Nothing at all, no phone calls or letters. 9.What state and county do you live in? State of Ohio in Washington County. 10.When is the last time you paid on this account? I have no knowledge that this account even belongs to me. I have disputed this with the credit agencies 11.What is the SOL on this debt? 6 years in Ohio. 12.What is the status of your case? Received the Summons in the mail with me being the named defendant with my address attached. It showed the Bureaus Investment Group Portfolio NO 15 LLC, c/o Kirschenbaum, Phillips & Levy, P.C. , 4645 Executive Drive Columbus, Ohio 43220 as the plaintiff and the plaintiff's attorney is : Yale R. Levy. You are herby summoned and required to serve upon the plaintiff's attorney, or upon the plaintiff, if he has no attorney of record, a copy of the answer to the complaint within 28 days after service of this summons on you, exclusive of the day to service. Your answer must be filed with the court within (3) days after the service of a copy of the answer on the Plaintiff's attorney. Marietta Municipal Court / Filed Nov. 18, 2015 Complaint 1. Upon information and belief, Defendant(s) resides in Washington County, Ohio. Plaintiff, BUREAUS INVESTMENT GROUP PORTF OLIO NO 15 LLC is the assignee of Defendant's CAPITAL ONE CARD SERVICES, INC. account, account #XXXXXXXXX ("Account") 2. Defendant owes Plaintiff the sum of $1,111.85 for money owed to Plaintiff via Defendant's use of the Account provided to Defendant. 3. Defendant breached the Account's agreement by failing to make payment on the Account as required. 4. As a result of said breach, Defendant owes Plaintiff the sum of $1,111.85. A copy of a statement is attached hereto, and incorporated herein, as Exhibit "A". 5. Plaintiff, or its agents, has made demand on Defendant, but Defendant has failed to comply with such demand. ( Does this mean they tried to call or mail?) 6. Defendant(s) received benefit from said Account. 7. Said Account was not conferred gratuitously, Defendant was expected to pay on said account, and as a result Defendant(s) has been unjustly enriched, all in the sum of $1,111.85. WHEREFORE, Plaintiff demands judgement against Defendant(s), jointly and severally if more than one, in the sum of $1,111.85, plus interest at 3% per annum from the the judgement date, the courts costs expended herein and all other that may be issued as provided by law. Respectfully submitted, By Attorneys Signature. I have gained more knowledge of how I should of responded to this summons. I should of listed each line item with a answer, but I did not know any better. Here is when and how I responded. Dec. 17, 2015 To : Marietta Municipal Court Case No. From Todd W. Stockel with mailing address. Please allow me additional time to investigate this matter. I may have to seek legal counsel regarding this complaint from plaintiffs attorney Yale R. Levy. I have reviewed my 2015 credit report due to experiencing credit fraud in 2014 and also tax fraud on my 2014 taxes. There is no account # assigned to Capital One Card Services or HSBC card services on this complaint or Exhibit "A". I have reviewed Exhibit "A" I have reviewed Exhibit "A" in the form of a statement showing a new balance of $1,111.85 being owed. Both of these pages have a very noticeable white tape out where the account # has been eliminated. Underneath the HOUSEHOLD BANK PLATINUM MASTERCARD heading is my name which is a different font size compared to any other typing on this statement. It appears as if it was added to this statement. I do not understand why I have not heard from HSBC or Capital One Card Services from this old statement of Aug. 10, 2012 to Sept. 10, 2012. I regret that this has gone through Marietta Municipal Courts filing for collection. I requested statements mailed to me showing the first 3 statements of when this account was opened and the last three statements prior to closing this account. ( Trying to see activity) I have refinanced my home a few years back and negotiated pay offs with several charge cards that belonged to my wife and I. HSBC was paid off several years ago at reduced rate due to unbearable interest rate charges added. Please forward me the requested statements with account numbers on each of them. I am not able to cross reference past vendors without account # s verifying that it belongs to me. Prior to me receiving this statement I am searching for old checks and account #'s. I feel that this obligation has already been paid. Respectfully Copied the Plaintiff. Letter head from Kirschenbaum, Phillips & Levy, P,C. Dated Dec. 28, 2015 Next is my name and mailing address. Re: Account number ending in : 3963 We received your request for validation of your BUREAUS INVESTMENT GROUP PORTFOLIO NO 15 LLC account. Knowing that your time is valuable the opportunity to address your request. Below are details of your account history: 1. This account was opened on October 1, 2007 2. The last account activity was on Feb. 9, 2012 3. The current balance is $1,564.90 ( Don't believe this is legal to increase this amount form the original amount filed on first notification of complaint.) BUREAUS INVESTMENT GROUP PORTFILIO NO 15 LLC records indicate that CAPITAL ONE CARD SERVICES, INC. charged off the above-referenced account on Sept. 29, 2012. The Original Creditor of your account is CAPITAL ONE CARD SERVICES, INC. Kirschenbaum, Phillips & Levy, P.C. now considers this request fulfilled. If you need any other assistance, please call. THIS COMMUNICATION IS FROM A DEBT COLLECTOR Here is a copy of the statement, its a duplicate of the first one sent in the original complaint filing. HOUSEHOLD BANK PLATINUM MASTERCARD My Name ( DIFFERENT FONT SIZE THAT ANY OTHER TYPING.) Household Bank Platinum Account Nunb ( white out tape to not see anything) Same date as the first one: from Aug 10,2012 to Sept. 10, 2012 Summary of Account is identical to the first Exhibit A Payment Address: HSBC Card Services, PO Box 5322 Carol Stream IL. Important Infromation The Hexagon designs (and variations), HSBC, THE WORLDS BANK, HOUSEHOLD ( AND DESIGN) AND HOUSEHOLD BANK are registered trademarks of HSBC Holdings pic or HSBC Finance Corportaiton and are used by Capital One by permission. Capital One is the issuer of this account. Account Number: New Balance $1,111.85 Payment Due Date : same as the first exhibit "A" There is a Confidential Disclosure of Personal Identifiers (rule 45 D of the Rules of Superintendence for the Courts of Ohio) Complete Personal Idenifier *****************3963 To Marietta Municipal Court From Defendant Date: Jan 14, 2016 Dear Honorable Judge, Group Portfolio No 15 LLC. I requested statements with account numbers on them to cross reference old accounts that were not provided to me per request. I received a letter stating: Account was opened on Oct. 1 , 2007 Last Activity was on Feb. 9, 2012 The current balance of $1,564.90 In my return replay dated in Dec. I noticed that this old statement did not show a account # on it. The area of the account # was blocked out with white out. It was very easy to see. I was specifically requesting a redacted version of this statement. Its impossible to know if this amount sought is correct, of if I even owe the debt at all. The first summons stated I owed $1,111.85 and the letter sent from Plaintiff on Dec.28, 2015 states the current balance of $1,564.90. Under the FDCPA I sent my dispute within the 30 days of receiving the first dunning letter through the Court. I understand that the Debt Collector must: Immediately stop its collection activity. why has the current balance increased. Send you information verifying the debt in a statement form I asked for the first 3 statements when this account was opened and the last 3 statements prior to the original creditor closing. I will need statements that are not censored of obscured. If the debt collector was assigned this task of collecting is should not be difficult to get this information from Capital One or HSBC. I have done this with several creditors when my idenity was compromised last year with my personal band and with the IRS. I did receive a statement that was identical to the first complaint date. No account #'s to verify. Debt verification according to the Federal Trade Commission is subject to the Debt Verification rule. This only applies to Debt Collectors. In the Debt Collectors response dated Dec. 28, 2015 there is a copy of a complaint personal identifier 3963. I have no idea what that number verifies. There is no explanation as to what that is in reference to. All credit reports that I have received has not provided account numbers for a verification, why did the plaintiff send duplicates that is obscured the same way as the first one is? I motion that the Marietta Municipal Court request a more definite statement. At a minimum: 1. A copy of the original written agreement between Capital One and myself on this credit card agreement. I prefer the copy signed by me. 2. If this account has been sold to another dept. collector, then I request that the new debt collector has the right to sue for collection of this debt. Please provide proof that this debt was assigned to it. 3. This dept collector has failed to verify and I ask the Marietta Municipal Court to dismiss this complaint. I received a letter from Marietta Municipal Court stating that a status conference was schedule on 1/22/2016 @ 2:00 pm. I received a letter from Kirschenbaum, Philips & Levy, P.C. on Jan. 14, 2016 Dear Mr. Defendant: Enclosed please fine the first Plaintiffs First Set of Interrogatories, Request for Production of Documents and Request for Admissions. I replied to the Plaintiffs first set in Interrogatories, documents and admissions from Plaintiff Counsel, Yale R. Levy. I mailed and dropped off copies to the court within the 28 days as required and had a certificate of service signed and dated. Please advise if you like me to send questions and my answers to all of these. Jan. 22, 2016 Had status conference over phone with Judge and I stated that I will not pay on a charge card that does not belong to me. The plaintiff informed the Judge they had sent the first set of interrogatories, documents and admissions to me in the mail. I confirmed that I had received them and was going to be responding. On Feb. 16, 2016 I dropped the Courts copy of interrogatories off to the clerk and mailed the Plaintiff's copy to attorney Yale R. Levy. In a separate envelope I delivered the Defendants First Set of Interrogatories, Request for Admissions and Request for Production of Documents to the Marietta clerk of courts and mailed a copy to Plaintiff's Attorney : Yale R. Levy. It was mailed First Class Mail. I requested that : Now Comes Defendant **ME*** , pro se, requests that PLAINTIFF, BUREAUS INVESTMENT GROUP PORT. NO 15 LLC. by and through it attorneys, KIRSCHENBAUM, PHILLIPS & LEVY, P.C., answer the following Interrogatories, Request for Admissions, and Request for Production of Documents within 28 days. 28 days would of placed the response around March 18, 2016. As of todays date my first set of Interrogatories has not been answered from Plaintiff's counsel. On Jan. 28, 2016 received a copy of a order that this matter came the Court for Status Conference on Jan. 22, 2016. Discovery on going. A final Status Conference will be held on May 27, 2016 at 2:00 p.m.. Please advise if you like to see the interrogatories from Plaintiff and the first set of my Interrogatories. Quote Link to comment Share on other sites More sharing options...
Pheasant Gunner Posted May 16, 2016 Author Report Share Posted May 16, 2016 Sorry, I forgot to mention question # 13. Have you disputed the debt. with the credit bureaus (both the original creditor and the collection agency)? I have disputed with the credit agency on Equifax, its listed in collections, The Bureaus. Capital One Card Services. It has a different address to contact though then The Bureaus in Columbus Ohio. This one is Evanston IL.. Can not locate a Capital One Card Services anywhere on my report. Do have a Kohls Capital One and a Captial One Auto Finacne. The other agency that is listed in collections is CACH LLC , original creditor is HSBC and it is paid in full with a zero balance. This is the confusing part. Quote Link to comment Share on other sites More sharing options...
CCRP626 Posted May 16, 2016 Report Share Posted May 16, 2016 @Pheasant Gunner Request for admissions not answered by the deadline are considered admitted- Rule 36 A1. See your civil procedures discovery section for procedures to compel and dismiss. Motion and Answers are kept separate. You can amend your answer at anytime with leave of court, say to add counterclaims if you feel the Plaintiff has violated the FDCPA for attempting to collect interest when the original creditor ceased doing so and no agreement has been provided showing they have authority. If you think you're a victim of identity theft, there's a lot of detail to follow here- https://www.consumer.ftc.gov/features/feature-0014-identity-theft Quote Link to comment Share on other sites More sharing options...
BV80 Posted May 16, 2016 Report Share Posted May 16, 2016 58 minutes ago, Pheasant Gunner said: If I am not mistaken under the FDCPA I sent my dispute within 30 days of the receiving of the first dunning letter through the Municipal Court I think the law states the Debt. Collector must immediately stop its collection activity. A summons and complaint are not considered a "dunning letter". If a you had received a first dunning letter (initial communication) from the debt collector, upon receiving a dispute, the debt collector would only have to stop collection efforts until it validated the debt. 1 hour ago, Pheasant Gunner said: Dear Todd W. Stockel We received your request for validation of your BUREAUS INVESTMENT GROUP PORTFOLIO NO 15 LLC account. Knowing that your time is valuable the opportunity to address your request. Below are details of your account history: 1. This account was opened on October 1, 2007 2. The last account activity was on Feb. 9, 2012 3. The current balance is $1,564.90 ( Don't believe this is legal to increase this amount form the original amount filed on first notification of complaint.) I would contact a consumer attorney regarding the amount in the letter. Check out the NACA website to locate an attorney in your area. http://www.consumeradvocates.org/find-an-attorney BTW, Capital One did purchase some HSBC accounts Quote Link to comment Share on other sites More sharing options...
nobk4me Posted May 16, 2016 Report Share Posted May 16, 2016 I have used this consumer attorney in Ohio, with success: http://www.fairdebtcollectionhelp.com/ I would also suggest you look into the arbitration strategy. Quote Link to comment Share on other sites More sharing options...
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