How I fought back Capital One Lawsuit and won

Brachfeld & Associates, a collection law firm filed Lawsuit against me in Dec 2008. They were representing TSYS/Natonal Attorney Network. TSYS (Total System solutions) is the debt collection servicing company for Capital One, who assigns attorney through their National Attorney Network to file Lawsuit against debtor. But Brachfeld and Associates named Capital One as plaintiff, which is a fraud. TSYS recently bought by NCO Group Inc.

Capital One was unable to produce documents I demanded and prayed for DISMISSAL of the case. Since then Capital one is deliberately PARKING my account to Brachfeld and Associates, a law firm, even though they lost case. This is an attempt by Capital One to scare and mislead Cardholder that a lawsuit is in progress from a law firm. Capital One's this false and misleading act is in violation of Fair Debt Collection Practices Act § 807 (3).

CAPITAL ONE IS ALSO ILLEGALLY REPORTING MY CREDIT CARD AC # 5178-3897 TO 3 CREDIT BUREAUS IN VIOLATION OF FEDERAL CREDIT REPORTING ACT § 603 (d)(2). There exists no written, oral or electronic evidence of any signed credit card agreement between me and Capital One that authorizes them to to report me and the account to credit reporting agencies

Category:

Education

Tags:

• National Attorney Network
• TSYS total system solutions
• NCO groups Inc
• Capital One credit card
• Capital One
• Capital One lawsuit
• won capital one lawsuit
• credit card debt
• fought back capital one
• how to win capital One lawsuit

[basudebdey]

Do not overlook the legal process. Wait for the document to come by process server. Read the documents and respond accordingly. Looks like they are just threatening you so that you do not go through legal process and settle with them. Bottom line is you have to respond and appear in court. I am pretty sure that they are not going to engage a lawyer to appear in court for $1000. You can get free legal help from your State or county. They will prepare the documents for free.

[bc1969214]

I'm curious when the card issuers decide to sell the debt or hold onto it and get an attorney/network to sue?

[basudebdey]

@bc1969214 In my case they Assigned by debt to National Attorney Network after 2 years after I stopped payment. After they lost case, they they are now holding it. I just have to wait 2 more years to get it dropped from my CR.

[billbadford]

I also defeated Capital One by showing up at all my court dates and demanding they produce documents. They don't expect most people to do that, it's a hassle for them and expensive. They want "no shows" so they can get default judgments. They ended up just dropping the case. I did the same with Midland with the same result.

[basudebdey]

@billbadford Hi,

Thank you for your comment. You made my day by defeating Crap1. I wish everybody would have done same way we did. Bottom line is, you have to appear in court and let the ball throw in their court.

[basudebdey]

@billbadford Great job. That's why I posted this video to educate people about their rights. Congratulations.

[garand555]

@basudebdey It can remain on your CR for up to 7 1/2 years after the DOLA.  Because it was dismissed w/o prejudice, you would have to find a good reason to sue the CRAs to get it off before 7 years.

[yodashqdotcom]

@mnlowe I hear you I got a C1 card for a limit of 200 dollars, I was having trouble making payments asked them to freeze , they said no can't do nothing they waited to it got to 900 dollars in over fees late charges then said oh we will cancel your card, now they want 1900 dollars from me form a 200 dollar limit that I put 75$ dollars of my own, and i just looked at my CR and they re aged it. original closed date jul 2005 now it shows apr 2009 as First Delinquency Date?? how are they allowed?

[mnlowe]

I currently received a documents letting me know I am being sued by a law firm on behalf of capital one. . . i went through a bad financial situation at the time of default and even though i am in a better place my original card balance of 258 dollars has ballooned to almost a 1000.00. I asked for some assistance when i realized i was going to have a hard time making this card a priority and they wouldn't help me at all! So I decided to forget it. You have helped me see that I can fight thxs!

[bc1969214]

Just curious, I see this was dismissed without prejudice instead of with prejudice, so Crap One can actually bring this back to court as far as I know until statute of limitations in your area is reached. One other thing, is the FDCPA doesn't apply to original creditors but can be used against outside firms.

What did the law students/professors think you should do next? File suit based on FCRA?

Good luck :)