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    brownbkb's Avatar
    brownbkb Posts: 7, Reputation: 1
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    #1

    Aug 23, 2012, 12:46 PM
    Va court rulings on capital one credit card
    Capital One suing over $1,500 , alredy went to court, requested a Bill of Particulars. The Plaintiff (Capital One) has provided there Bill of Particulars with exhibit A being customer agreement and copies of previous statements form 2006 - 2011. Original agreement 2006. Don't remember when the last payment may have been made, but the SOL could have expired, after three years. Your thoughts on how I should fight this. Using a Grounds of defense or Motion to dismiss?

    Keith
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 23, 2012, 12:47 PM
    Quote Originally Posted by brownbkb View Post
    Capital One suing over $1,500 , alredy went to court, requested a Bill of Particulars. The Plaintiff (Capital One) has provided there Bill of Particulars with exhibit A being customer agreement and copies of previous statements form 2006 - 2011. Original agreement 2006. Don't remember when the last payment may have been made, but the SOL could have expired, after three years. Your thoughts on how I should fight this. Using a Grounds of defense or Motion to dismiss?

    Keith

    Without where you are and the last activity on the card - payment OR charge - it's impossible to say.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Aug 23, 2012, 12:48 PM
    If there are statements through 2011, what makes you think the SOL has expired?
    brownbkb's Avatar
    brownbkb Posts: 7, Reputation: 1
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    #4

    Aug 23, 2012, 12:55 PM
    Quote Originally Posted by ScottGem View Post
    If there are statements through 2011, what makes you think the SOL has expired?
    I haven't made a payment in long time, they just keep sending statements
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Aug 23, 2012, 12:57 PM
    Quote Originally Posted by brownbkb View Post
    I haven't made a payment in long time, they just keep sending statements

    Would you please answer me - where and what was the last activity (charge OR payment).
    brownbkb's Avatar
    brownbkb Posts: 7, Reputation: 1
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    #6

    Aug 23, 2012, 01:01 PM
    Quote Originally Posted by JudyKayTee View Post
    Would you please answer me - where and what was the last activity (charge OR payment).
    I blieve it was 2009.
    brownbkb's Avatar
    brownbkb Posts: 7, Reputation: 1
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    #7

    Aug 23, 2012, 01:02 PM
    Quote Originally Posted by brownbkb View Post
    I blieve it was 2009.
    Also this was in my company name.
    brownbkb's Avatar
    brownbkb Posts: 7, Reputation: 1
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    #8

    Aug 23, 2012, 01:19 PM
    Quote Originally Posted by brownbkb View Post
    Also this was in my company name.
    Anyone got there ears on?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #9

    Aug 23, 2012, 01:25 PM
    Quote Originally Posted by brownbkb View Post
    Anyone got there ears on?
    All volunteers here brown. Wait your turn.
    brownbkb's Avatar
    brownbkb Posts: 7, Reputation: 1
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    #10

    Aug 23, 2012, 01:30 PM
    Quote Originally Posted by tickle View Post
    All volunteers here brown. Wait your turn.
    Sorry, I appreciate your efforts.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #11

    Aug 23, 2012, 01:33 PM
    Quote Originally Posted by brownbkb View Post
    Anyone got there ears on?

    Yes, we do - so far we've asked WHERE twice.

    The answer was that it was a company card.

    That's like asking what time it is and having you say Thursday.

    No one here is going to hold your hand - if you don't know where you are, no one here is going to help you.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #12

    Aug 23, 2012, 01:37 PM
    You have to find the exact date of your last payment. There SOL is 3 years on credit card debt.
    So if the three years were past before they filed for the law suit, you have a case,
    If they filed before the three years are up, just pay them and be done with it.

    I would say they filed in time, Capt One is good at this, they wait in collections ( getting more and more late fees, over limit fees till the last month. Then they file a few weeks before the SOL . They do miss it, so you will need to see when the last payment you made to them was received and applied to your account.

    If they included all of the statements, it should show
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #13

    Aug 23, 2012, 01:38 PM
    Quote Originally Posted by JudyKayTee View Post
    Yes, we do - so far we've asked WHERE twice.

    The answer was that it was a company card.

    That's like asking what time it is and having you say Thursday.

    No one here is going to hold your hand - if you don't know where you are, no one here is going to help you.
    The title of the post says VA ( will assume virgina)
    brownbkb's Avatar
    brownbkb Posts: 7, Reputation: 1
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    #14

    Aug 23, 2012, 01:44 PM
    Quote Originally Posted by Fr_Chuck View Post
    The title of the post says VA ( will assume virgina)
    Yes, va company.
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