So some of you might remember me from the small claims thread about debt and stuff. (A LONG time ago, I cant even find the thread...) I was the one who used the law to his advantage and turned an old, or "junk" debts into counter suit for $1000 each time I was taken to court, and won (while they lost and got nothing from me). Well for the past year things have been quiet for me. While I had been getting collection calls, neither one of them had the balls to take me to court for one reason or another.

EXCEPT TODAY!

Today I go to the mailbox, and waiting there for me is a nice crisp court summons. "Capital One" is suing me again for a delinquent account. (the reason I use "" on the capital one is because its not really them suing me, its the people who bought the debt for pennies on the dollar from the people who bought the debt from the people who bought the debt from Capital One)

So I invite all of you to join me in this glorious endeavor, as I turn a supposed debt of $771.83 into $1000 cash! (well, not really, I receive a check about 1-4 weeks after the court date, but nonetheless!)

The court date is a bit far off for my taste (I REALLY need money, and dont want to wait that long) and also a bit far for the purpose of this tutorial, but the date is set for 2/11/09.

So if theres any interest in how I do this, Ill write it. If not, than I dont want to waste my time when I could be out job hunting.

I'm very interested in how you pull this off. Isn't capital one big, and don't they usually round up say 20-30 people and set the court date to obtain judgment on them all at once?

Also, why does your credit suck so bad? Do you live with your parents? Do you depend on them now to co-sign loans and leases now? Not judging you, just curious.

__________________
Evolution

Yes thats exactly what they do. However its not Capital one suing them, its the agency that currently *claims* to own the debts, and yes they do round up 20-30 people to get judgment on the same day.

My credit does not "suck". Sure it could be better, but no I live alone, I never had anyone cosign anything for me.

But the story goes like this. When I was 18, I got a credit card. Maxed it out. I was dumb. I admitted to that, and when I could, I payed it off. However I then learned that my identity was stolen (atleast I assume this) as there was another card with the same company out in my name. After refusing to pay it (why should i???) they took me to court. They produced all the "evidence" in my name, however that was not my address (at that point I still lived with my mom) After the court confirmed I never lived at any other address, they dismissed the suit.

However the company still wanted to make some money on it, they "sold" the debt to someone else. The point of this? The company/bank got SOMETHING out of it (pennies on the dollar) and now the people they sold the debt to, can turn around and use every trick in the book to extort the money from me (thus making a HUGE profit) They threaten you with jail/loss of job/ everything. Most people dont know about FDCPA. So they quickly pull out a check book and give them the money. Then after they get the money, they turn around and sell the debt again, to even more shady people.

And thats the trade.

You see i got some similar problems myself. I am from the UK though and I am wondering if laws governing debts and stuff are similar here because if they are I would like to employ your techniques.

These debts are winding me up now and always stuck at the back of my mind. I've had numerous court threats even with given dates but none of them have followed up. It just seems to get passed from one collection company to the other.

If anyone knows any information regarding this, relevant to how the system works in the UK then please let me know.

Cheers

Well, you better start looking at their violations if any. I have sat in on many (almost 50) cases where a citizen took a CA or OC to court, and many times the case was dismissed because of "honest mistakes" or "bonafide error" on the part of the CA or OC. Because they call you twice in one day isnt going to net you SHIT. Now, calling you 50 times a day, will net you a grand.

Sorry dude, Im not familiar with debt collection in the UK, but I would imagine they have something...


Ill start writing the tutorial.

please elaborate kind sir

so pretty much you offer to take a debt off someones hand, and when the collection agency comes to collect to provoke them to violate some kind of law and when they take u to small claims court u whip out a counter suit and collect a cool grand?

no. **I** have nothing to do with this. But no its not that simple. But the gist is about right. Except no provocation needed, they usually violate them on their own because noone really knows about the law and what they can or cant do.

Im still writing it.

question: even if you win the counter suit, does that null/void the suit against you? the fact they they violated some code of behaviour on collecting debt doesnt mean the debt dissappears?

please do tell; its always good to learn