Help, I'm being sued by Capital One Canada!

[rbortech]

I spent the morning on the phone with Capital One zombies until finally speaking with a supervisor who knew something. She told me that as my file was now in the hands of another agency (a law firm in Edmonton, Alberta), that I should contact them. I did this and my options were to pay in full the amount of the claim( 10,081.49 plus interest) or make payments of 200.00 dollars a month for the next 56 months. I offered a $3000.00 settlement and of course the lawyers assistant said they wouldn't take less then $8500.00. I have a week to call her back. Is it better to go to court and try to reach a settlement there or try some other means of resolution? If I accept their offer then a judgement of guilty still is found against me and my credit is dinged for 5 years while I pay pay them back.

[ICANHASMUNY?]

Sorry this wasn't answered earlier, really don't watch this forum much, our apologies.

 

How long ago did you default on this?

 

Do you live in Alberta?

 

http://creditboards.com/forums/index.php?showtopic=510708

 

http://www.creditedu.org/RESOURCES/newsletters/newsletter_summer_12/creditlaws.cfm

 

◦Alberta – The Alberta Limitations Act sets 2 years as the term which is extended to 10 years if there is a judgement.

 

http://www.servicealberta.gov.ab.ca/ConsumerTipsheets.cfm#credit

 

 

I'll assume that you have to file a dispute to the complaint. ( which can be that it's beyond the Statute of limitations )

 

Are you in Provincial small claims courts?

 

here's a link to that courts website self help http://www.albertacourts.ab.ca/ProvincialCourt/CivilSmallClaimsCourt/CivilClaimProcess/IfYouareBeingSued/tabid/184/Default.aspx

 

 

did Cap one violate any Consumer laws on your account? you may have other defenses

 

Under subsection 12(3) of the Cost of Borrowing (Banks) Regulations, if a credit agreement for a credit card is amended, the bank must inform the borrower in writing, 30 days or more before the amendment takes effect.

 

Cost of borrowing — Failure by a bank to provide borrowers with periodic supplementary disclosure statements ^Footnote1 in accordance with the Cost of Borrowing (Banks) Regulations, subsection 12(5) and paragraphs 10(3)(a), (d) and (e)

A consumer contacted the Financial Consumer Agency of Canada (FCAC) and complained that the monthly credit card statements he received from his financial institution did not indicate the interest rate that applied to his account.

Subsections 10(3) and 12(5) of the Cost of Borrowing (Banks) Regulations require federally regulated financial institutions that issue credit cards to provide borrowers with monthly statements that specify the time period the statement covers, the interest rate that applies for the billing period and the amount of credit that is available at the end of that period.

FCAC's Compliance and Enforcement Branch conducted an investigation into the matter, which revealed that the bank had failed to disclose, in the monthly statements it was sending to customers for a particular credit card product, the three items indicated above, as required by subsection 10(3) and 12(5) of the Cost of Borrowing (Banks) Regulations.