Going To Court

I would take any proof of attempted contact with you to court! I hope this works out for you!

Bud Says...

Capital One Bank, Capital One Services, Capital Recovery Services, Westmoreland Agency, all a part of a money machine that is reminiscent of Providian Bank and their defunct First Select operations. They prey upon the weak and unsophisticated consumer with offers that end up screwing those people who least can afford it. These vultures will pick your wallet clean if you allow them.

Capital One, F.S.B. apparently cannot gouge enough money from consumers from their credit card operations; they are now crossing over into the scavenger debt collection field. Letters are being mailed nationally stating that Capital One Bank, F.S.B. has purchased your charged-off debts and assigned them to their wholly owned subsidiary;THE WESTMORELAND AGENCY.

CAPITAL ONE:
Q: ???????What do they have in your wallet???????
A: Their hands; BOTH of them!
(David Spade, you should be ashamed of yourself!)
How bad is it, when a sub-prime lender likes Capital One becomes a bottom-feeder, vulture, debt buyer? The smell from this group of parasites should be nauseating to everyone.

Capital One and Westmoreland Agency are greasy-slick in their approach to consumers. They operate as vultures who grab at every bite that is available off your money tree. From seemingly incredible offers on their promotional literature, to the sky-high fees, late charges and annual percentage rates they charge when you have problems. Dealing with Capital One is almost guaranteed to cause you financial hardship at some point. Remember those old western scenes with the buzzards waiting on the trees for the poor guy to die; didn????????t those buzzards have a Capital One logo on their wings?

There is nothing good to come to anyone who deals with these vultures, so my advice is stay far away. If you are unfortunate enough to have believed their bulls*** and suffering the consequences of those actions, use the information from this site.

Capital One and The Westmoreland Agency??????? Just say NO!

I had two capital one cards that I fell behind on and inevitably ended up owing three times the cards original credit line because of tacked on fees and late charges. The cards ended up at two different collections agencies, and when I say different, I mean different.

One agency worked with me and was very consumer friendly, the card was paid off in about three months.

The other wanted outrageous payments that I could not afford, would not negotiate at all. It amazes me on how different they handle things, I was/am willing to pay this debt, just cant afford their crazy payments. I hope that the magistrate will see that I have made an attempt and that these guys are just jerks. I would love to have a payment arrangement of $5 bucks every two weeks, I offered $50 every two weeks, it was like I insulted these jerks. Hopefully the magistrate will see this.

Mr. Lemons,
YOU CRACK ME UP, I AM SO GLAD YOU ARE HERE!! LOL

My advice is to inform the judge or majistrate that you made several attempts to remedy the situation, but had no cooperation from the company to make ammends. Also, point out the many negative remarks from this forum and from Bud Hibbs website. Print out any emails from you and to you between this company, and any recorded messages or conversations. Check your state laws also, to see if there are fees or interest which would be illegal. Most judges are not thoroughly schooled in these credit situations, so bring as much ammunition that you can. Make an attempt to seem like a victim of the credit system. Even if you can make the case that you tried several times, in vain, to get this situation fixed, to save the courts from having to waste their time with this, but the creditor made every attempt to 'dodge' your attempts, in order to bring you to court, wasting the judicial systems time, your time, and the tax dollars of the American people. Also, go to Bud Hibbs site, and go to 'Agencies to avoid' and click on Capital One, and print out as much information on them that you can, and present it in court. Get other people's dealings with them too. Even if you don't completely win the case, you will at least walk out knowing that you went down fighting.

thanks, I will do that.

Don't be surprised if the judge doesn't want to here about your attempts to settle. He/she isn't being mean. Under the evidence rules, settlement negotiations can't be brought up in open court. Judges have a little more leeway when there is no jury present, but don't be shocked if the judge cuts you off. In the end, the only issues in front of the judge are (a) what did the contract say, (b) is the contract enforceable in PA, (c) was the contract breached, (d) what damages are owed to the lender. Be prepared to argue these issues if this goes to trial.

On a positive note, the judge will probably send you and the lender's attorney into a side room to see if you can work things out. Be prepared and know your finances - what you can pay upfront, what payments you can make, how often, etc. Don't agree to anything unless you are sure you can do it, since any agreement you reach is going to go in front of the judge as a consent order. You won't have the right to a trial after that.

This is the worst mightmare of debtor's court:

http://www.boston.com/news/special/spotlight_debt/part2/page1.html

These are bad days in court for debtors.:
www.boston.com/news/special/spotlight_debt/part2/page1.html

If we reach some kind of agreement in court will there still be a judgement against me?

Fedup...when my ex was sued by a cc company, we got to court and he and the lawyer worked out a deal and the lawyer told him to go ahead and leave, he would take care of it. later that week, the lawyer sent him a copy of the verbal agreement to sign. So my ex only had to pay him like a $100 bucks a month and they did not garnish his wages. Of course, my ex was not to bright because he never paid them a dime but I dont recommend that LOL

Usually it's a stipulation of dismissal, but will include a confession of judgment (PA is one of the few states that allows them) or some similar mechanism so that the lender doesn't have to sue you all over again if you don't honor the agreement. In other words, if you don't pay what you agree to pay, THEN they automatically get a judgment. (Or near automatic anyway.)

Great, wonder if I can work this out before the court date?

Leah,
What kind of debt did he go to court for? Was it a credit card?

I'm sure the lawyer will try to collect on his fee's. Make sure you let the judge know of all your failed attempts to settle this debt.

good luck

I spoke directly to the magistrate that will handle this case, hypothetically, they will not show up, he will render a decision in my favor, however they will appeal it to a higher level. He said these attorneys file these suits all the time and then never show up. He did advise me that they will continue collection efforts. I will definately show up. What do you guys think about this?

Any chance for a dismissal with prejudice?

Anthony,
You have outdone yourself, that was hilarious. I could not keep from laughing to do something like that.

Fed,
I was hoping they wouldn't show up for me either but figured it was a BIG hope! Mind if i ask u, where are you from? And is this CACH we're talking about again? Also, did you respond to the citaton? If they don't show up then what happens if they appeal to a higher court? Can we then fight against it? These people have me dumbfounded! Why spend ALL this money, well n/m, guess they havent' spent but 10 bux on me and wanna collect triple the debt which they probably got for pennies. YIKES! What a messed up situation but if nothing else and i DO end up having to pay all this back I've learned SO much and will warn everyone about CACH! Hindsight's always 20/20, i guess. I'm having one of my panic days and of all days, my birthday!
Good luck,
Ang

CACH sent me a citation back in December, this is a separate case. I actually had two. The one for cach has been in the wind, have not heard anything since January. I answered the summons and did not back down. I have not heard a thing from them as of yet. I have hope for this one (CACH, since it is a purchased debt, not the original creditor) I have a whole folder of junk dedicated to them. They are hoping you don't show up so they can win by default. Tell me more about your cach situation? Who did they purchase the debt from?

CACH bought this debt from a charged off cc from Chase. The charge off is for $4,400 and CACH has been trying to collect $9,400. I've sent 3 separate validation letters and numerous attempts to settle with a payment plan, always being denied any sort of payment plan! Now they've updated my credit report and are saying the debt is $12,500! YIKES! This is a scam! First of all, i've NEVER recieved one piece of mail from them, NEVER! Only times i've EVER talked to them has been when "I" called them! What i dont' understand is how do they expect people to pay them when they don't send u any kind of bill or statement? I personally think they sit back and hope people don't show up and they get a default judgement for triple the original amount and WHO knows how much more than they purchased the debt for!
I take my personal responsibility for my part in this. I was naive and I trusted their word, BIG mistake on my part, but i've learned a LOT because of them so as I wind up in court i do take a LOT of knowledge with me! And the craziest part of all of this is BOA has given me another credit card, which I do NOT use but have, and now they have offered me an open line of credit! WTH?!?!?!
Good ol America! (wanna keep everyone in debt)
I'm nervous about court but i WILL be there one way or another and hope n pray they dont' show up! ha ha

Ang,
They must prove they own it to collect it. CACH sent me a citation to sue me back in December. I sent them repeatedly debt validation letters via certified mail so I know they recieved them. They sent me a bogus affadavit from someone in texas, I sent them another letter stating that I hope that person would show up to the court date since they supposedly have first hand knowledge of the debt and are willing to testify under oath. It is now almost 6 months later and I have not heard from them yet.

I finally got ahold of the attorney that is representing this capital one case. He told me that they will not show up at the hearing. He asked did I want to work something out. I could not give him the amount he wanted today. He told me to show up at the hearing and then call him a few weeks afterwards and they would work something reasonable out then and get it taken care of. I told him if they would have done this in the first place, it would not have went this far. I will win if they don't show up, but they will appeal it, so I will do it this way and it will give me time to save up some money to offer the settlement amount. This is crazy.

Wow, I've dealt someone with CACH. They have not responded to any of my dv or follow up letters. Could they still sue me over this? It's a weird world that we live in and CACH is one of the worst collection agencies out there. I have made payments to the original creditor and it states on my credit report that it's been charged off. I have proof of all payments made. I'm going to send them one final payment with a paid in full on the check as well. If they sue me, at least I can show that I haven't been ignoring the situation. I don't understand if a CA or lawyer files a lawsuit, why wouldn't they show up? Why would they try to appeal it down the road. I guess they are just hoping the consumer doesn't show up and they win by default. I hate to think of how many times this has happened. I'm grateful for this forum :-)

fedup, yes do show up, unless the attorney has filed a motion to continue.

Mishele, if they have not answered your letters of validation and try to sue, they won't win. They haven't proven to you that it's your debt and that you have some contractual obligation to them. Besides, they are trying to collect opn a debt which your making payment to the creditor, inform the creditor of this.

Bud Says???????

One of the largest debt buyer organizations in America In 2005, Collect America owner Phillip Scott Lowery reportedly sold his operations for $350 MILLION to an organization called First Analysis Private Equity Fund IV, in collaboration with co-investor KRG Capital.

The Collect America system is comprised of approximately thirty franchisee????????s across the country, with an attorney name on their door. Some of the attorneys such as Sam W. Streeter of Houston, have been dubbed ???????Rent-A-Lawyers???????? due to their total lack of debt collection law and Fair Debt Collection Practices Act (fdcpa) experience.

*Collect America Franchisees:

Law Office of Sam W. Streeter, Houston, TX

Richard G. & Catherine A. Neuheisel Law Firm, Tempe, AZ

Neuheisel Law Firm, Deborah Sue Harvego, Sacramento, CA

Law Office of Thomas K. Bamford, Dallas, TX

Harold E. Scherr, Attorney at Law, Longwood, FL

Bronson and Migliaccio Attorneys, Williamsville, NY

Bronson and Migliaccio Attorneys, Elmwood Park, NJ

Phillips and Cohen and Associates, Westampton, NJ

Law Office of Larry Roach, Copley Twp, OH

Phillip Scott Lowery P.C., Denver, CO

Law Office of Joe Pezzuto, Phoenix, AZ

Law Office of J. Anthony Cambece, Boston, MA

Workman Law Office, P.A., Jacksonville, FL

Collect America, LTD, Denver, CO

Gamache and Myers, St Louis, MO

P. Scott Lowery, P.C., Tulsa, OK

Law Office of Wilfred E. Briesemeister, Montclair, CA

Harrison Ross Byck, Morrisville, PA

Daniels & Norelli, P.C., Westbury, NY

Davis Law Office, Russell A. Davis, Solana Beach, CA

Richard DeJana & Associates, Kalispell, MT

Dennis Michael Dendy Law Office, Gretna, LA (Houston TX)

Daniel N. Gordon, P.C., Eugene, OR

Mims, Jerry M., Attorney, Islip Terrace, NY

Pentagroup Financial, LLC, James J. Thorpe, Attorney, Houston, TX

(represents CACV & CACH)

(*May not accurately reflect all franchisees)

Since the sale of the main organization, Denver Attorney Phillip Scott Lowery and his collectors that include attorneys David L. Michael and James R. Wolf have relocated to the Cherry Creek Drive address. Scott and wife Texie were rumored to have moved to Vail, CO, however he reportedly still is involved in the day to day operations through brother Arthur Todd Lowery.

CACV of Colorado, LLC. which stands for Collect America Collection Vehicle and CACH, LLC are the debt purchasing arms of Collect America. Lowery and associates reportedly purchase these accounts for pennies on the dollar, then attempt to collect on the full value. Collect America does place these accounts on credit bureau reports under the names CACV, CACH and Collect America. Under provisions of federal law, the Fair Credit Reporting Act (FCRA), they may NOT stay past the date of last activity as stated by the original creditor and the information and amounts reflected MUST be accurate, as stipulated by federal law.

The ONLY thing that can restart a ???????date of last activity???????? is by YOU making a payment, Collect America cannot change it under any circumstances. You should always obtain copies of your credit reports directly from the credit bureaus to compare those dates. You have the right to dispute any debt buyer account found on your credit reports as ???????Not My Account??????? with the credit bureaus. Always keep copies of credit reports for reference. If a date of activity has been changed in violation of the Fair Credit Reporting Act, you may be able to take legal actions against whomever in federal court for violating the law. Contact me for referral to a local consumer law professional.

If you are ever sued by a Collect America attorney it is VERY important that you respond to that suit. An attorney from the National Association of Consumer Advocates may be able to assist you, I recommend you visit: www.naca.net

I will defineatly show up, at least, If they don't I will have a temporary win on my side, LOL. I have all my communication with this law firm, letters, call log, etc.

I work with the magistrates wife so I have a little of the inside scoop, hypothetically!

Good Luck Fed! Sounds like you have your ducks all in a row and a good chance at winning this! You'll be in my thoughts and prayers till your court date!
Ang

This is really ticking me off, so I call the magistrates office and tell them I plan on defending, they sent out a letter to both parties, it stated that I plan on defending. Now they requested a continuance and got it for 7/11, I have already made payment arrangements with them. I don't think they were going to show up on 6/12, but did not plan on me showing up either. I already scheduled 6/12 off work, I wonder if I have this paid by 7/11 if they will drop the suit so that I don't have to take time off work for this crap again?

OH MY GOSH!!
I'm telling ya, they ARE snakes!!
Is it possible to have this paid off by 7/11?
But then again, i would be scared NOT to show up, u can NOT trust these people! grrrrrrrrrr
Do you not have a naca atty near u? At least if u could get an atty, they'd take a LOT of this stress off of u!!
SIGHS for ya,
Ang
P.S. I SO DISLIKE these people! :(

I actually have two going on. This one is the capital one, I am home today, scheduled the day off work, so I am calling them today.

I have a cach one that since I challenge the affadavit and told them that I would be subpeona-ing the individual that raised their right hand and signed it, I haven't heard from them, knock on wood, since December. I don't even know at this point what the status is. I should call the court house today on that one too. How long after they did the initial paperwork did cach actually take you to court?

Well i was served with a citaton, summons, wotever it's called where u are in June of 2006. The default judgment was signed in Oct of 2006 and the Judgment Rule was in May of 2007.
Hope this helps a little bit!
Good Luck Fed! I'm pullin for ya!
On ur side,
Ang

They are a pain, if they would just validate the debt, I don't want to pay them and then 6 months later someone else come by and say they purchased it. that is the problem with collection agencies, at least with the capital one card the original creditor was still involved, the lawfirm actually represented them. With the providian one, cach purchased it, supposedly. but you never know until they provide you the correct documentation. Who was your original account through with cach? Did they purchase the account? They usually do.

It was Chase and yes they purchased it for a small small amount as i'm told! Of course they've NEVER proven a thing to me... not even that they legally own the debt! SIGHS
Ang

I wonder if they will even follow through, it has been a long time since I heard anything since I challenged them and challenged thier bogus affadavit.

I hope not for ur sake Fed! Will be keeping my fingers crossed for u, but they're like magicians, disappear yet always come back!
So, be expecting to hear back from them but if u don't ur not let down!
Sending good vibes ur way!
Ang

I have an entire folder of crap on them, every certified letter I have sent them, every bs validation attempt. All the crap that hibbs has on them. Everything I could pick up, I got. It was funny that they put in their last correspondence. "here is an affadavit, blah, blah, blah, this SHOULD be enough to validate this debt. I then challenge that affadavits validity by requesting they make the individual that raised their right hand and swore to have first hand knowledge of this debt be available and present at any and all court proceedings. If they are going to swear to something, they should be available to testify to its truth.

Ha ha Fed,
U GO GIRL!!
I have the same kinda affadavit, i'll have to pull it up in a little bit and see if it's the same person, I do remember it's a woman's name!
Keep fighting!
Ang
P.S. U are a girl right? lol

Ok fed, my affadavit is from Dawn Rannells who is an "authorized agent" of CACH! OHhhh and she is "personally" familiar with teh business records of CACH! Lucky gal! NOT!
Wonder if she even truly exist?
Also, now dont' quote me on this but someone told me that this "so called" affadavit is considered hear say in court room! She would have to actually be there as u said!
Good Luck,
Ang

That is my impression too. I will look at my paperwork and see who is on the affadavit and what office it came out of.

See if Ms Dawn Renolds is ur friend too? lol I have to laugh at all this otherwise i'd cry!
Good Luck Fed!
ANg

Mine is Jeffrey K. Meek

Ang--you would be correct in that the "affadavit" is worthless. Anyone can make such a statement, thats why the law requires documentation form the original creditor as validation.

That is what I have read also and that if someone is going to attest by affadavit you can request that they appear and testify to their first hand knowledge of debt.

Maybe Jeff n Dawn r married? lol Makes me wonder if these people are even for real!
Good Luck Fed,
ANg

Well ang, they must all be on vacation, knock on wood!!!, I haven't heard from any of them since I challenge the affadavit and requested that Mr. Meek appear and testify to his knowledge of the account.

That's so good for u Fed!! GOSH, wish i had known what i know now! SIGHS....
ahhh well hindsight is always 20/20 and i'm still holding out hope that this new atty will be able to find SOMETHING to challenge!
Honeymoon maybe? lol
Ang

I know I am not out of the woods yet, I expect to hear from them at any time, I have too much to deal with the other one right now. When it is all over, I will be so relieved.

Fedup,

I am thinking good thoughts for you. I guess right now it's a blessing in disguise, huh?

hopefully, maybe no news is good news