Columba

capital one and cooling and winter claim

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I received a claim summon from capital one/cooling and winter. I filed a denial of all charges and then asked for validation, receipts, cooling and winters contract to collect, original contract. A few other items.

My hearing is next week. Has anyone had any experience with this firm? I am in Cobb County, GA.

I am not sure if i should use a lawyer. The two I spoke with said i don't have a case. And in the end i will have to pay.

Any help with this?

 

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Good that you filed a general denial. Better than no answer  

What you asked for vs what they are required to provide are two different things. 

Receipts never going to happen.  Coolings contract with Cap1 never going to happen . They will validate, Cap1 with any original creditor or agency/firm collecting on their behalf will easily be able to.

that being said, what’s the balance? Do you have money to do a payment plan or settle for less? 

 

 

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@Columba

Just a note:  Once you've been sued, it's too late to request validation.  If you want documentation, you must read your court rules to determine when and if you can send discovery requests in order to obtain documentation.

I don't know what you mean by "original contract", but there is no signed contract.  There are only unsigned cardmember agreements.

Since Capital One, the original creditor, is the party suing you, as pointed out by the previous poster, it will more than likely be able to provide enough documentation to satisfy the judge.

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I could set up a payment plan. I don't have much to work with. About $50 a month.

From what i get you are suggesting is that i try to reach a settlement with them?

Would getting a lawyer be a waste of my money? I could get a friend to loan me money for lawyer if it's under $400.

Or just settle myself before the hearing?

 

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13 minutes ago, Columba said:

I could set up a payment plan. I don't have much to work with. About $50 a month.

From what i get you are suggesting is that i try to reach a settlement with them?

Would getting a lawyer be a waste of my money? I could get a friend to loan me money for lawyer if it's under $400.

Or just settle myself before the hearing?

 

What’s the balance owing? Depending on balance they would probably take $50 a month to pay in full. I really don’t think an attorney is worth spending but really a case by Case basis.  

Like if you think they violated some law(s) than yes definitely and won’t cost you money out of your pocket. 

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I owe $2565.

I have an attorney looking over the paperwork.

Another attorney quoted me $500.

I will see what the first attorney has to say regarding violation of laws.

From what I've seen online Cooling and Winter had over 75 complaints since 3/16.

They used to do business under Hanna and Associates under they were fined 3.1 million and then closed to open up as Cooling and Winter and they were sued by the FDCPA 11 times.

Reading online can be a bit confusing. Which is why I'm here...

cg

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3 minutes ago, Columba said:

I owe $2565.

I have an attorney looking over the paperwork.

Another attorney quoted me $500.

I will see what the first attorney has to say regarding violation of laws.

From what I've seen online Cooling and Winter had over 75 complaints since 3/16.

They used to do business under Hanna and Associates under they were fined 3.1 million and then closed to open up as Cooling and Winter and they were sued by the FDCPA 11 times.

Reading online can be a bit confusing. Which is why I'm here...

cg

Cooling & Winter are merely representing Capital One in court.   Any FDCPA violations the law firm might have committed will have nothing to do with Capital One and would have to be addressed in a separate action, not in this lawsuit.   The credit card bank will still demand payment of the debt.

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6 hours ago, Columba said:

I received a claim summon from capital one/cooling and winter. I filed a denial of all charges and then asked for validation, receipts, cooling and winters contract to collect, original contract. A few other items.

Well mistake number one was demanding all those documents.  First once you have been sued it is too late for DV and even if they did comply receipts are NEVER required.  The courts know there is no original contract in a credit card case.  The law firm likewise is not required to reveal  their retainer agreement to you either as it is protected by attorney client privilege.  

The next major problem is Magistrate Court in GA does not allow discovery so the law firm is free to ignore your demands without consequence.  What they do have to do is send you a letter listing what records they do intend to use along with a place you can inspect them prior to the trial date.  If you do not avail yourself of this you cannot object to their use as evidence or the lack of live witness.

6 hours ago, Columba said:

Has anyone had any experience with this firm?

They are VERY aggressive and do not just lay down or send a rental lawyer that is inexperienced.  The chances they settle cheap are slim to none.   Cap1 is very aggressive about collecting these accounts and GA will allow them to garnish your wages.  They WILL do this.  

6 hours ago, Columba said:

The two I spoke with said i don't have a case. And in the end i will have to pay.

They are correct.  The defenses you read about on these sites are for junk debt buyers not original creditor suits.  Cap1 will have all the records needed to prove their case.  Worse they removed arbitration from their card agreements in 2010 and that isn't an option either.

4 hours ago, Columba said:

I owe $2565.

The only way they are going to agree to payments is they are going to have to be WAY more than $50 a month (that won't even touch the post judgment interest) and you would have to sign a consent judgment that says you agree to the debt and if you default again they do not have to sue but can simply file the judgment with the court.

 

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16 minutes ago, Debtguy393939 said:

Capital one, Bank of America, Barclays and Citibank don’t charge post judgment interest. 

Contractually no but most states allow for post judgment interest to be tacked on at a rate as high as 10-12%.  It is what causes a small 4 figure judgment to balloon to five figures quickly.  Especially in states that compound the interest.  You can bet your last dollar they ALL collect post judgment interest through what ever law firm got that judgment.

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I will bet you my last dollar that while they may be allowed to collect post judgment interest pursuant to statute, they do not charge the customer it. Citibank stopped in 2014. Capital one around the same time. Bofa I don’t know when exactly but that was at least a couple years ago they stopped charging it.  Very good for the consumer as you mentioned that can get the judgments to balloon  

 

Discover i believe still accrues post judgment interest. Debt buyers I don’t have any knowledge of. 

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Should i hire an attorney to represent me?

Or call them and try to negotiate the amount owed?

I've also read terrible reviews of their company and am concerned that they will not hold their end if we reach a settlement.

thanks!

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3 hours ago, Debtguy393939 said:

I will bet you my last dollar that while they may be allowed to collect post judgment interest pursuant to statute, they do not charge the customer it. Citibank stopped in 2014. Capital one around the same time. Bofa I don’t know when exactly but that was at least a couple years ago they stopped charging it.  Very good for the consumer as you mentioned that can get the judgments to balloon  

 

Discover i believe still accrues post judgment interest. Debt buyers I don’t have any knowledge of. 

It is NOT the creditor charging it.  The state does per the statute.  You are very wrong as there are plenty of threads on sites like this from consumers who got judgments in the past 5 years that have escalated due to the state adding on the mandatory post judgment interest per statute.  It does not prevent the creditor from settling for less but the creditor does not have to charge it themselves to collect it.

I can also tell you that Cooling and Winter is made up from attorneys from the defunct Freddy Hanna firm.  They can and WILL tack on post judgment interest.  Old Freddy and his cronies don't take one penny less than what they can get.  Georgia is VERY creditor friendly and adds on 10% post judgment interest regardless of the creditor.  Don't believe me?  Let them get a judgment against you in GA.

2 hours ago, Columba said:

I've also read terrible reviews of their company and am concerned that they will not hold their end if we reach a settlement.

The way to ensure a settlement is enforced is you get ALL terms in writing BEFORE you pay.

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 You seem to be quite knowledgeable and you’re probably right in regards to some creditors but not all.  you are correct that when a judgment is awarded there is interest that is ordered per each individual states statute. Some courts may tack it on even if the complaint doesn’t make a prayer for it.

Citibank and capital one I challenge everyone and anyone to show me a judgment from 2015 on, that their balance when they call the law firm collecting the debt they say it is accruing interest.  Yes it will be higher because court costs and fees but not due to interest.  Or I’m sure a million people here have judgments against them now with those two creditors, call and ask if their account is accruing interest.

 

 Just cause a court can order interest pursuant to statute doesn’t mean the creditor has to or does charge it 

 

 

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I just found paperwork from First Source Advantage, a debt recovery agent, last year ago for the exact amount that Cooling and Winter/Capital One has filed a claim against me just one month ago.

I am sure they are one and the same.

How can Cooling and Winter be representing Capital One if another company had this debt prior to the claim?

 

 

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2 hours ago, Columba said:

I just found paperwork from First Source Advantage, a debt recovery agent, last year ago for the exact amount that Cooling and Winter/Capital One has filed a claim against me just one month ago.

I am sure they are one and the same.

How can Cooling and Winter be representing Capital One if another company had this debt prior to the claim?

 

 

That happens a lot of the time. Creditors Place with collection agency such as first source, if that doesn’t work then Place with a law firm in your state. 

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Hello, I have a pending case schedule with Cooling and Winters based on a capital one debt. I am curious as to the outcome or your case as it may be viable insight to my case. Please contact me as soon as possible.

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On 5/2/2018 at 6:25 PM, Columba said:
 

I received a claim summon from capital one/cooling and winter. I filed a denial of all charges and then asked for validation, receipts, cooling and winters contract to collect, original contract. A few other items.

My hearing is next week. Has anyone had any experience with this firm? I am in Cobb County, GA.

I am not sure if i should use a lawyer. The two I spoke with said i don't have a case. And in the end i will have to pay.

Any help with this?

 

 

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Hello, I have a pending case schedule with Cooling and Winters based on a capital one debt. I am curious as to the outcome or your case as it may be viable insight to my case. Please contact me as soon as possible.

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