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Ms. Got Scammed
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Subject: Capital One Credit card
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Thu Aug 06, 2009 11:28 pm
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| Hello, I paid my Capital One credit cards off back in '07.. Well now in 2009 Capital One says another card was opened without my knowledge. I have not signed a contract, however there was activity on the account showing purchases, I did not make, Can they collect based on the activity or do they have to produce some from of contract that I agreed to get the card.. Please help. |
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debtbegonealreaddy
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Subject: Default judgement
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Sat Aug 08, 2009 4:38 pm
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Stupid me did not answer summons in time. Default judgement awarded against me!
Prior to answering summons, i did contact creditor's lawyer over phone and request DV. Was williing to make payment arrangements if proper vaidation would be provided. I am a SAHM, and my spouse is the only wage earner. It is an old cc debt that is only in my name. The debt at the time was $2270, i tild them I could give them $300 down and $100 per mo. That was'nt acceptable at the time, but they did offer to take $1800 in a lump sum anc call it settled. Since then mo validation, only request to give them all my personal info.
Have filed motion to vacate, and have requested debt validation right on the motion. I still have received validation of the debt. I have acourt date for motion to vacate judgement in 2weeks. am writing up DV letter today and will send it MON., this time via certified mail. Unfortunately, have no record of any other correspondence w/ CA.
Any advice on what i should bring/how to prepare for the motion to vacate hearing????
Oh yeah, motion to vacat filed july2, court date Aug. 18, and yeaterday received a "summons to judgement debtor for examination" for Sept. 17th...REaL NICE!!! |
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ahmad
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Subject: what is credit
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Mon Aug 10, 2009 4:32 am
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| answer my question |
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sun47girl
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Subject: Validation letter prior to summons answer
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Wed Aug 19, 2009 7:33 pm
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I am going to reply with an answer to the summons. Just wondering if I should also follow up with a validation letter to the attorney/creditor? There will probably be a court date set, so
that would give more time correct?
I also see that I should deny the debt, for the ending balance from when I notified them to close acct is alot less then it is now after fees, overlimit etc.... |
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Optimist
Joined: 22 Aug 2009
Optimist's page
Posts: 20
1294 Magic Points
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yellowrose
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Subject: Judgement
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Mon Aug 24, 2009 6:29 pm
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| I received a couple of letters from local credit attorneys requesting their assistance for a judgement that was filed against me 2 weeks ago. I have yet to see such judgement - could this be a ploy from the creditors who have apparently filed this? If a judgement was filed, should I expect to be served soon? And if so - is it best to seek counsel to assist me in this process? Any input is greatly appreciated. The debt is 2 yrs old. |
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tfudger
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Tue Aug 25, 2009 1:39 pm
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I got my summons and responded. Two different ones actually. The first one I responded and went to court. If you do not show up on the day of court you automatically lose. So make sure you go. The judge read a form that basically said should I not show up he was to grant their judgement. Since I showed, all he could do was dismiss it. But also warned me that they could come back at a later date should they chose to pursue it further. I have not heard anything in 3 months. But that doesn't mean it is off my credit report.
My second summons I responded to and then they sent me a questionair they wanted me to complete, of course in their alloted time. The last few pages were questions that they said I was to agree to. I read through them. I answered the questions but the one that irritated me was the one that said I was to agree to the $11,000 I owed them. My answer was that I disagreed. I owed my credit card company a total of no more than $7500 as my agreement was with them. From that point, they postponed my hearing date and I have not gotten any letters. But they keep calling my house and leaving me messages. I just don't call them back.
Not sure if I stumped them or if they are now trying to figure something else out, but I refuse to pay them. As the minute you pay even a dime, you are liable for the whole balance. |
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Jay Crandyl
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Subject: case law for 12 credit card statements
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Sun Aug 30, 2009 4:20 am
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| How can you defend yourself when the CA provides 12 monthly credit card statements in one year although it represents only a fraction of the total debt? I have sent dispute letter but fear they may sue. Do you know the case law for proof of debt? I have heard of a court case in Connecticut in which 12 consectuive months was sufficient for collecting debt. |
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Hana
Joined: 14 Sep 2009
Hana's page
Posts: 2
102 Magic Points
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Subject: summons service and misinformation
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Mon Sep 14, 2009 7:11 am
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I was handed a debt collection summons for my wife from Mann Braken LLC at our home in California. Is that a proper summons service? The summons has her name, but an incorrect account number in the ¨cause of action is based upon account number¨
The last four numbers is not the same as the original credit card statements.
Will this just make the CA attorney just draw up another summons?
I will be sending out a debt validation letter and waiting for a response.
Thank you Optimist for the sample DV letter and any replies to my questions. |
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JT1234
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Subject: validation
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Sat Sep 19, 2009 4:28 am
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| I have learned that validation letters = court summons. I've sent 2 validation letters & received 2 summons. |
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Eileen Glockner
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Subject: 30,000.00 worth of credit cards being sued
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Sun Sep 20, 2009 2:34 pm
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I have a tremendous amount of credit cards which is unsecured.
I have been trying to pay the attorneys which have these accts
monthly since 2005. I AM NOW AT MY WITS END, i CANNOT PAY THIS
ANYMORE. i AM thinking of going into chapter 7 or debt settlement.
I live with my children, have no assets, do not own anything,
and the only money I RECEIVE IS SOCIAL SECURITY RETIREMENT.
i AM ALSO UNDER THE IMPRESSION THAT THIS IS EXEMPT, IS THIS
CORRECT. PLEASE, PLEASE HELP.. THANK YOU. |
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tom tedesco
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Subject: valedation letter validated
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Tue Oct 06, 2009 1:34 am
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| after the debt is validated by the creditor or collection company what do I say next, |
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corn bread
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Subject: deleted fraud accounts
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Wed Oct 21, 2009 5:04 am
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first let me say that i am a victom of id theft,well robed at gun point.
i went and got a police report right after it happend.this happend 1996.i did not have credit and did not won`t it.so about three years ago i went to renew my state id at penndot and found out that someone used my id to get a driver license because the face on the monitor was not me.so they told me to get a credit report as soon as posible.when i did this person opened bank accounts,credit cards and ran up a 1300 dollar medical bill and 12000 dollars in credit cards .it took me three years to get these accounts deleted,but i can not get this medical bill off of my credit report.i have trying for three years and they keep saying that it`s mine.what should i do.i sent them a copy of my police report..thank you. |
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ebnavy
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Subject: debt not belonging to me
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Thu Oct 22, 2009 1:59 pm
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| My ex-step daughter son had a circumsion (spelling) she did not pay the doctor. My insurance paid for the delivery. My ex-stepdaughter daughter was covered. I did not agree to pay for the circumsion didn't sign anything. At first the collection agency was calling and sending her letters. When I told them her mother and I was divorced and I don't know the whereabouts of my ex-stepdaughter they went after me and put this on my credit report. She was 18 years old at the time. |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3735
10 Magic Points
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Mon Oct 26, 2009 12:30 am
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| You should file a dispute with the credit reporting agency immediately. I would also contact the creditor and tell them that you are not responsible for the debt and you are not going to tolerate them reporting information on accounts that you are not responsible for to any reporting agency. |
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