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Ddjcplus4

Alert!! Letter of intent to file suit in California

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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 😬

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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.

 

 

 

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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. 

 

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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.

 

 

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@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 

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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.

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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 

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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.

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@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? 

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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.

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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.

 

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@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? 

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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 ?

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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!

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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.  

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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.

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@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!

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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?

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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 

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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.  😀

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