Gs1090123 Posted June 8, 2016 Report Share Posted June 8, 2016 Capital one Bank is suing for credit card debt. They sent exit A, it is about 2 years worth of credit statments. They sent statments on two separate accounts, however they only mentioned one account number in there suite against me. I have a hearing tomorrow and would appreciate some advice on how strike this. I dont think they even looked at it first before sending. Quote Link to comment Share on other sites More sharing options...
CCRP626 Posted June 8, 2016 Report Share Posted June 8, 2016 How far along is this since you answered? Did they include an affidavit with the statements? Does the complaint amount match either account or both totaled together? Year on last payment on each account to see if the accounts are old enough for private arbitration (2010 agreement or earlier I believe for Cap One)? Any possibility this is one account but they issued a new acct number due to a report of a stolen card? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted June 8, 2016 Report Share Posted June 8, 2016 13 minutes ago, CCRP626 said: Did they include an affidavit with the statements? They don't have to in Justice Court. Cap1 is an original creditor and can attest to their own records. 1 Quote Link to comment Share on other sites More sharing options...
texasrocker Posted June 8, 2016 Report Share Posted June 8, 2016 41 minutes ago, CCRP626 said: How far along is this since you answered? Have you checked @texasrocker posts? Did they include an affidavit with the statements? Does the complaint mention both accounts? Year on last payment on each account? Any possibility this is one account but they issued a new acct number due to a report of a stolen card? Do not use anything originating from me in a case of being sued by an original creditor. It is designed specifically to defeat junk debt buyers who cannot prove they own the alleged debt. 1 Quote Link to comment Share on other sites More sharing options...
Gs1090123 Posted June 8, 2016 Author Report Share Posted June 8, 2016 The complaint list a account number 234, it says it was opened in 2005. The business record the sent start in 2009 and run to 2011 and have a different acc number. Acc 234 start after with same balance 1/2012. I dont recall if I ever lost one of there cards. It did not come with an affidavit, and it is scheduled for a hearing tomorrow. I only answerd the citation on 5/16. I did some homework and filed a motion for discovery on 15 things I could find to ask on the net. Quote Link to comment Share on other sites More sharing options...
CCRP626 Posted June 8, 2016 Report Share Posted June 8, 2016 Cap One took over HSBC and ING Direct card accounts around 2012 but I would think that would stick out on the look of the statements. Quote Link to comment Share on other sites More sharing options...
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