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Capital One

Discussion in 'Credit Talk' started by char, Oct 22, 2002.

  1. Oct 22, 2002 #1
    char

    char Member

    HI, newbie here,

    Received writ from small claims court where Capital One is suing me. I have a letter that was sent to me in April from First Resolution Investment Management stating that they were the legal owners of this account. When I look at writs address for Capital One it is the same as First Resolution. Could First Resolution be a spinoff. Sent letter to First Resoluton in April asking them to send validation for this account, but they have not as of yet sent such. This account ws charged off I believe in 1998. The SOL is 6 years. Account was open up in 1997.

    My question is shouldn't First Resolution be the one to be taking me to court, not Capital One? Can I use this letter as my defense when answering writ? What happens if I use this letter and they throw out this suit, can First Resolution still sue me. If they purchase a charge off can they sue for it.

    Please someone answer these questions if you know the answer. Thanks!
     
  3. Oct 22, 2002 #2
    teech33

    teech33 Active Member

    Only the legal owner of the debt can sue you under normal circumstances but sometimes you,by your own actions, can allow someone else to sue you if you get sucked in. There's extensive material on this subject in these posts. CapitalOne bank AKA "Capone" bank can be and is extremely sneaky when it comes to collections. Be careful when dealing with these people. I'm sure someone else more knowledgeable than me will post something more specific that you can use.

    good luck
     
  4. Oct 22, 2002 #3
    char

    char Member

    Thanks! I'm going to use kFirst Resolution as my defense. I'm also going to send First Resolution a 60 day debt validation letter since they haven't responded to my letter in April asking them to validate account. Since First Resolution are the legal owners of this account, I don't believe they have license to do business in Connecticut. Also, they are from Seattle, Washington and their SOL is 3 years. Therefore, this account is way pass the SOL. When I answer writ I'm going to use Washington's SOL. Once again thanks for replying. I will wait and see if I get any other answers.
     
  5. Oct 22, 2002 #4
    charlieslex

    charlieslex Well-Known Member

    Do you mean a 30 validation letter? If you are sending a second letter you can give them a 15 day response or send an Estoppel. Charlie
     
  6. Oct 22, 2002 #5
    LKH

    LKH Well-Known Member

    They can use the sol for either the state they are in, or the state you are in. So, the sol defense, in this case may not fly. What court was this issued in?

    Next, you sent them a validation letter in April? Don't give them 60 days now. You have to answer the suit long before 60 days is gone. Send them an estoppel and you may want to include in your answer to the writ that the debt has yet to be validated per the FDCPA since requested in April. The reason for this is that all collection activity must cease until they do validate.
     
  7. Oct 23, 2002 #6
    char

    char Member

    Thanks I certainly will send them an estoppel letter since I can't use SOL as a defense. The court is small claims.
     
  8. Oct 23, 2002 #7
    jude

    jude Member

    Hope you don't think I am stalking you. I have been trying to find out more information on Capital One. I think I may have found a good case for having my judgement vacated, by First Resolution falsifying documents. Keep me posted on how your situation turns out.
    GOOD LUCK
     

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