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Old 10-24-2008, 11:03 PM
 
3 posts, read 26,313 times
Reputation: 11

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A few weeks ago I received a summons from Blitt & Gaines for an old Capital One credit card debt. The court documents, which otherwise seem generally legit, list Capital One as the plaintiff, but the law firm (B&G) has a pretty sketchy reputation and has handled the situation in a pretty suspicious way (sending unsigned agreements, insisting on over-the-phone payments, etc).

From what I've read, here and elsewhere, it seems pretty likely that Capital One is not the Plaintiff in this case, even though they are listed as such. But how can I prove this? B&G insists that they are working on behalf of Cap1, and that all settlement offers have to be approved through them (they'll say, "Well, I checked with Capital One and blah blah blah...") Repeated calls to Capital One get shunted through (whether it's automated or through an actual human) to something called the "National Attorney Network."

So my question is: Is there any way for me to prove that B&G is misrepresenting the plaintiff in this case? And should I bother (would it help me in court)? I've attempted to negotiate with B&G regarding the matter in order to avoid court, but so far they have not been willing to commit to anything in writing. So if I end up having to go to court (3 1/2 weeks away), is this misrepresentation, if it exists, something I can use?

Any help would be greatly appreciated.
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Old 10-25-2008, 09:27 AM
 
48,505 posts, read 96,476,720 times
Reputation: 18300
If its actual court documants or offical summons; the plantifff will be named. Sounds like Capitol One is the palintiff if its on the court docket. I really doubrt that Capitol One is going to talk to you if they are represented by council. I would thnk that your council has advised you to go thru them also.Any offer made by you will have to be accepted by their client.
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Old 10-25-2008, 11:51 AM
 
Location: Seattle, WA
1,368 posts, read 6,487,801 times
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Yeah, it sounds like Capital One enlisted B&G to settle this for them. You'd have to talk to B&G rather than Capital One.
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Old 10-25-2008, 10:53 PM
 
Location: Ohio
24,624 posts, read 19,032,834 times
Reputation: 21728
Quote:
Originally Posted by tsukifu View Post
A few weeks ago I received a summons from Blitt & Gaines for an old Capital One credit card debt. The court documents, which otherwise seem generally legit, list Capital One as the plaintiff, but the law firm (B&G) has a pretty sketchy reputation and has handled the situation in a pretty suspicious way (sending unsigned agreements, insisting on over-the-phone payments, etc).
The law firm of Blitt & Gaines is notorious for violations of the Fair Debt Collection Practices Act.

Capital One is not the Plaintiff. They sold the debt years ago.

Quote:
Originally Posted by tsukifu View Post
So my question is: Is there any way for me to prove that B&G is misrepresenting the plaintiff in this case? And should I bother (would it help me in court)? I've attempted to negotiate with B&G regarding the matter in order to avoid court, but so far they have not been willing to commit to anything in writing. So if I end up having to go to court (3 1/2 weeks away), is this misrepresentation, if it exists, something I can use?

Any help would be greatly appreciated.
Yes, you will need to send them Defendant's First Set of Interrogatories and Request for Production to obtain a copy of the bill of sale to determine if it complies with the laws of your state and is valid, plus that it specifically grants them rights to take legal action.
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Old 10-27-2008, 09:11 PM
 
3 posts, read 26,313 times
Reputation: 11
Thanks for the quick replies.

Mircea, what exactly is a "Defendant's First Set of Interrogatories and Request for Production?" Do I need a lwayer to prepare such a document, and does it have to be filed with the court? I Googled a bit and saw some examples; they looked terribly official.

Also, when you say "Bill of Sale," do you mean the sale of the debt? They've denied (over the phone) that the debt was purchased by them, though it does seem very likely, as you said, that Cap 1 is not the plaintiff. Do they have to prove that they are? Would this be an issue to raise in court?

Thanks again.
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Old 10-28-2008, 07:42 PM
 
Location: Ohio
24,624 posts, read 19,032,834 times
Reputation: 21728
Quote:
Originally Posted by tsukifu View Post
Thanks for the quick replies.

Mircea, what exactly is a "Defendant's First Set of Interrogatories and Request for Production?" Do I need a lwayer to prepare such a document, and does it have to be filed with the court? I Googled a bit and saw some examples; they looked terribly official.

Also, when you say "Bill of Sale," do you mean the sale of the debt? They've denied (over the phone) that the debt was purchased by them, though it does seem very likely, as you said, that Cap 1 is not the plaintiff. Do they have to prove that they are? Would this be an issue to raise in court?

Thanks again.
First, stop talking on the freaking phone with them. All you're doing is screwing yourself.

Next, go to creditinfocenter.com for help with legal stuff like discovery.

Then look at your credit report and also figure out when the last payment was made and when the statute of limitations will expire.

And yes, there is a bill of sale for the debt and you ask for it through discovery.

I think I posted something about discovery recently. Just search on this sub-forum.
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Old 11-12-2008, 10:06 AM
 
3 posts, read 26,313 times
Reputation: 11
Okay, I'm trying to settle this alleged debt and B&G sent me a settlement agreement. A couple of things seem a little screwy about it, and since there are other B&G horror stories posted on the internet, I'm trying to be cautious.

1) it was faxed, not mailed
2) it is signed, but the signee is listed as a "Mr. So-and-so," with no first name given. I've never had any contact from anyone at the office by that name, and furthermore the last name is the same as my own. Under the signature, however, it does say "Account Manager, Blitt & Gaines, P.C."

The agreement does say: "in receipt of this payment, the account will be considered fully compromised and settled."

My court date is next week and I'm trying to get this resolved before then. Any thoughts on whether this settlement is retraction-proof? If I pay as agreed, can B&G no longer make a case against me?

And if they take the payment, I'll still need to show up in court to dismiss based on this agreement and proof of payment, correct?

Thanks in advance for any help.
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