Ddjcplus4 Posted March 31, 2020 Report Share Posted March 31, 2020 I’m confused on how to proceed after reading so many bad story’s about Hunt &Henriques... I’m new so please bare with me. lol sent my DV letter and they responded with a year worth of payment info. Next they send letter of intent to file suit. If I could set up an honest payment to them or make an offer I would! I just keep hearing that will just be my admission of ownership. After finding there is no arbitration as of 2009 for cap 1 I’m confused how to negotiate otherwise. Do I make an offer? Do I stand my ground because they’re crooked?? Are these guys really that bad? Lol any help would mean I sleep tonight! Jk but really would help ? Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted March 31, 2020 Report Share Posted March 31, 2020 Cap 1 ended arbitration in 2012, but it might still be used for accounts which were opened before then. Quote Link to comment Share on other sites More sharing options...
Casper Posted March 31, 2020 Report Share Posted March 31, 2020 I actually dealt with them in 2006 when I lived ion SoCal. They are so abusive and disrespectful that they are lucky people don't start shooting at them. That was my first use of Guerrilla tactics and I defended myself and filed a counter suit and filed a bunch of motions to bury them in paperwork, and they switched to a different attorney, who settled amicable with me. I also motioned to strike the CC statements they filed as fraudulent to put them on the defensive, but I settled with the new attorney before the hearing for what I legitimately owed, rather than the inflated number they wanted. Honestly, they usually have a strong case, so I would BK everything if you can. Quote Link to comment Share on other sites More sharing options...
Ddjcplus4 Posted March 31, 2020 Author Report Share Posted March 31, 2020 Wow! That’s not good! BK? Please explain @Casper. Thanks for answering! They haven’t tried to serve me. It’s been about 3weeks since the @letter of intent .” do you think I should wait to respond? Just unsure how to respond. Quote Link to comment Share on other sites More sharing options...
RyanEX Posted March 31, 2020 Report Share Posted March 31, 2020 35 minutes ago, Ddjcplus4 said: Wow! That’s not good! BK? Please explain @Casper. Thanks for answering! They haven’t tried to serve me. It’s been about 3weeks since the @letter of intent .” do you think I should wait to respond? Just unsure how to respond. I wouldn't listen to that. BK is a pretty extreme option when you live in a state that has great laws for a consumer in this type of case. CA residents have a great track record against these lawsuits. They'll most likely file suit, keep an eye on your civil court's website. In the meantime you can determine if arbitration is an option - if it is, great, because that seems to be the quickest way to deal with it. If not, that's fine too - the CA Civil Code stills favors you, but the trial route takes longer/is more involved. 1 Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted March 31, 2020 Report Share Posted March 31, 2020 1 hour ago, Casper said: lucky people don't start shooting They will - at everyone and everything. 1 Quote Link to comment Share on other sites More sharing options...
Ddjcplus4 Posted April 1, 2020 Author Report Share Posted April 1, 2020 @RyanEX this is good news and I’m under the impression that capital one has no arbitration as of 2012. Another member spoke of there being a possibility of arbitration after but I’m looking in to that. Will they try to serve me since I sent a DVletter? Also are there any immediate steps I could take to better myself at this point? Thanks for answering Quote Link to comment Share on other sites More sharing options...
BV80 Posted April 1, 2020 Report Share Posted April 1, 2020 1 hour ago, Ddjcplus4 said: @RyanEX this is good news and I’m under the impression that capital one has no arbitration as of 2012. Another member spoke of there being a possibility of arbitration after but I’m looking in to that. Will they try to serve me since I sent a DVletter? Also are there any immediate steps I could take to better myself at this point? Thanks for answering Capital One removed arbitration from its agreements in 2010. 1 1 Quote Link to comment Share on other sites More sharing options...
Ddjcplus4 Posted April 1, 2020 Author Report Share Posted April 1, 2020 I don’t think anything has been filed as I’m searching the site. Could anyone confirm I’m looking in the right court website. Thanks in advance Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted April 1, 2020 Report Share Posted April 1, 2020 58 minutes ago, Ddjcplus4 said: I don’t think anything has been filed as I’m searching the site. The courts in most states especially those with a Covid 19 hot spot like California are closed at least until the end of April. First verify the court is even open to file anything. If they aren't sit tight until the rest of this lunacy slows down or ends. Another reason to wait is the huge impact to the economy from the shut downs across the globe. It is entirely possible that with the fall out they never pursue this at all because of that. Quote Link to comment Share on other sites More sharing options...
Ddjcplus4 Posted April 1, 2020 Author Report Share Posted April 1, 2020 @Clydesmom thank you for the response. I’m sitting very tight. It’s been hard on everybody including the economy! I’m spending my time wisely. I hope I’m checking correctly. Is it the California courts, judicial branch? Do I check the calendar with my last name? Quote Link to comment Share on other sites More sharing options...
RyanEX Posted April 2, 2020 Report Share Posted April 2, 2020 2 hours ago, Ddjcplus4 said: @Clydesmom thank you for the response. I’m sitting very tight. It’s been hard on everybody including the economy! I’m spending my time wisely. I hope I’m checking correctly. Is it the California courts, judicial branch? Do I check the calendar with my last name? Look up your county's court website, civil division. 1 Quote Link to comment Share on other sites More sharing options...
Casper Posted April 2, 2020 Report Share Posted April 2, 2020 BK = bankruptcy, which is a last resort, but is sometimes a necessary evil, especially when dealing with Original Creditors who can always prove their case. make sure you have the right court website, which is usually by county for for debt cases. Quote Link to comment Share on other sites More sharing options...
Ddjcplus4 Posted April 2, 2020 Author Report Share Posted April 2, 2020 @Casper thanks for responding! do you mean the county where I live? Am I correct? If so yes I’ve checked. Nothing so far. Is there a 90 day period they have to wait after filing “intent to file suit” letter? Quote Link to comment Share on other sites More sharing options...
RyanEX Posted April 2, 2020 Report Share Posted April 2, 2020 6 hours ago, Casper said: BK = bankruptcy, which is a last resort, but is sometimes a necessary evil, especially when dealing with Original Creditors who can always prove their case. make sure you have the right court website, which is usually by county for for debt cases. The bar they have to clear varies from state to state. So long as a defendant follows the proper steps they can use CA code to require an original creditor to clear the same bar as a junk debt buyer: provide a witness, who possesses first-hand knowledge of record keeping/creation practices of the account, to authenticate plaintiff's evidence via live testimony. JDB employees don't measure up to that standard. An OC employee could measure up to that standard, so long as they worked in the proper department. OC lawsuits make up a minority of CA debt collection lawsuits posted here, but on this board I have yet to see an OC send a live witness to a CA trial. CA members have have forced dismissals in those cases too. We are lucky to have those codes in place. I don't think Ddjcplus4 has said if they are being sued by an OC or a JDB... @Ddjcplus4 ? Quote Link to comment Share on other sites More sharing options...
Ddjcplus4 Posted April 2, 2020 Author Report Share Posted April 2, 2020 @RyanEX it is Hunt Henriques. And the credit card is Capital one. Great details. Very interesting and informative. Quote Link to comment Share on other sites More sharing options...
Ddjcplus4 Posted April 2, 2020 Author Report Share Posted April 2, 2020 I read they are both - JDB and lawyer’s collecting on behalf of OC’s. In my case they say they are collecting for capital one. Thanks! Quote Link to comment Share on other sites More sharing options...
BV80 Posted April 2, 2020 Report Share Posted April 2, 2020 53 minutes ago, Ddjcplus4 said: I read they are both - JDB and lawyer’s collecting on behalf of OC’s. In my case they say they are collecting for capital one. Thanks! Law firms don’t usually purchase debts. They strictly represent clients. If Cap1 is the plaintiff, then Cap1 is suing. 1 1 Quote Link to comment Share on other sites More sharing options...
RyanEX Posted April 3, 2020 Report Share Posted April 3, 2020 1 hour ago, Ddjcplus4 said: I read they are both - JDB and lawyer’s collecting on behalf of OC’s. In my case they say they are collecting for capital one. Thanks! What entities are named in the intent-to-sue letter? Hunt & Henriques is one. Capitol One is mentioned because they held the original acct. Is any other entity named? Hunt & Henriques often represents JDBs like Midland Funding & Portfolio. Quote Link to comment Share on other sites More sharing options...
Ddjcplus4 Posted April 3, 2020 Author Report Share Posted April 3, 2020 @RyanEX the letter of intent says Hunt Henriques is filing suit for client Capital One Bank (USA),NA in the first letter they do list Portfolio recovery. After that they only mention capital one. Thank you much! Quote Link to comment Share on other sites More sharing options...
BV80 Posted April 3, 2020 Report Share Posted April 3, 2020 1 minute ago, Ddjcplus4 said: @RyanEX the letter of intent says Hunt Henriques is filing suit for client Capital One Bank (USA),NA in the first letter they do list Portfolio recovery. After that they only mention capital one. Thank you much! If you don’t mind, could you post the letter with all of your personal information redacted? Quote Link to comment Share on other sites More sharing options...
Ddjcplus4 Posted April 3, 2020 Author Report Share Posted April 3, 2020 Ok I’m wrong! There is only H&H listed as attorneys representing their client Capital One. Not portfolio recovery at all. I thought I saw that originally but must’ve been another post? @RyanEX @BV80 thanks all! I will post a copy soon Quote Link to comment Share on other sites More sharing options...
BV80 Posted April 3, 2020 Report Share Posted April 3, 2020 5 minutes ago, Ddjcplus4 said: Ok I’m wrong! There is only H&H listed as attorneys representing their client Capital One. Not portfolio recovery at all. I thought I saw that originally but must’ve been another post? @RyanEX @BV80 thanks all! I will post a copy soon We’ve all done that. ?. 1 Quote Link to comment Share on other sites More sharing options...
Ddjcplus4 Posted December 22, 2020 Author Report Share Posted December 22, 2020 @BV80 @Clydesmom @RyanEXhi again! I thank you in advance! I’ve found there’s a summons filed in court and I’m being sued by cap 1 and Hunt Henriques. im trying to find information on how to handle things now that I’ve found there is no arbitration. Filed dec 15th 2020 and I need to respond and not sure how to proceed. Im wondering if you have any experience with this stage of the matter? Even a point in the right direction. ?? I’ve been saving $ all this time for when they would file. I’ve heard bad things about these attorneys and hesitated to try and settle with them as I keep hearing they will sue even with an agreement in place. Thanks for looking. Quote Link to comment Share on other sites More sharing options...
BV80 Posted December 22, 2020 Report Share Posted December 22, 2020 29 minutes ago, Ddjcplus4 said: @BV80 @Clydesmom @RyanEXhi again! I thank you in advance! I’ve found there’s a summons filed in court and I’m being sued by cap 1 and Hunt Henriques. im trying to find information on how to handle things now that I’ve found there is no arbitration. Filed dec 15th 2020 and I need to respond and not sure how to proceed. Im wondering if you have any experience with this stage of the matter? Even a point in the right direction. ?? I’ve been saving $ all this time for when they would file. I’ve heard bad things about these attorneys and hesitated to try and settle with them as I keep hearing they will sue even with an agreement in place. Thanks for looking. If you are in limited civil court, look up posts from Anon Amos and calawyer regarding CCP 96 and CCP 98. This decision from the CA Supreme Court references those rules. https://scholar.google.com/scholar_case?case=11539742947026699092&q=“credit+card”+AND+“150+miles”&hl=en&as_sdt=4,5 Quote Link to comment Share on other sites More sharing options...
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