Credit Basics > The Flyingifr Method of Aggressive Credit Repair 2007

Where do I go from here?

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NeedAdvice!:
Hello everyone!!  I am being sued by Capital One, who is being represented by Legal Recovery Law Offices.  I went to Case Mgmt Conference and Judge told me to try and settle out of court and that at the next hearing I can still have a chance for arbitration.  So since that hearing in Feb 2012, I've sent Debt Validation letter, request for BOP (Bill of Particulars) and most recently a meet and confer letter.  Out of all those request, the only thing I've received from them is a typed up looking statement with a balance and also Plaintiff responded by letter claiming that, "plaintiff has not yet completed its discovery and/or investigation as to what other amounts plaintiff may be entitled to in accordance with the law and/or parties' agreement".   They have still yet to respond to my meet and confer and it's been well over the 10 days I gave them, I sent it out on April 14th and another April 17th.   Where do I go from here?  Do I file a 'Motion to Compel.? Or do I just wait till my hearing in June?  Advice would be greatly appreciated... Thank you in advance!  :)

Admin0619:

--- Quote from: NeedAdvice! on April 30, 2012   06:02:02 AM ---Hello everyone!!  I am being sued by Capital One, who is being represented by Legal Recovery Law Offices.  I went to Case Mgmt Conference and Judge told me to try and settle out of court and that at the next hearing I can still have a chance for arbitration.  So since that hearing in Feb 2012, I've sent Debt Validation letter, request for BOP (Bill of Particulars) and most recently a meet and confer letter.  Out of all those request, the only thing I've received from them is a typed up looking statement with a balance and also Plaintiff responded by letter claiming that, "plaintiff has not yet completed its discovery and/or investigation as to what other amounts plaintiff may be entitled to in accordance with the law and/or parties' agreement".   They have still yet to respond to my meet and confer and it's been well over the 10 days I gave them, I sent it out on April 14th and another April 17th.   Where do I go from here?  Do I file a 'Motion to Compel.? Or do I just wait till my hearing in June?  Advice would be greatly appreciated... Thank you in advance!  :)

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KFMAN:
Have you looked at your CRA's to see who owns the alleged debt?

Have you read throwing your ceditor out of court in the Arb section?

Midas10k:
Look at your credit agreement to see what the arbitration clause says, if there's one.  Read the Arb forum stickies - read it at least twice carefully.  File for arbitration with JAMS asap if its possible.  Trust me, get going on that immediately.

LAW1:
Request to see any and all of the so called charges. When , were , and who signed or authorized for then. Second if you think that the charges aren't yours then denied them in your filing. If the claim is pushed to a summary judgement by the firm in the collections file an objection on the motion for summary judgement.
The one thing in court that cases are won on. He who has the most facts wins. Makesure if the case comes to this file a motion to dismiss.

Base your claims on the fact that there has been no proof of who made the charges , when the charges occurred, and were. Also check the statue of limitations in your state, most if not all creditors try to avoid this unless it is stated in your motion.

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