Received summons from Portfolio Recovery for pre-trial mediation. I read up on a forum from 2013 about proving ownership of debt. With summons I received: pages:
1. Served page
2. Right to venue
3. Complaint for damages and on this page account stated count 1
#1-3 nothing unusual
#4 capital one has assigned the subject account and plaintiff is the owner of debt.
4-5. old capital one statement
6. Your account has charged off from capital one.
7-12. Old capital one statements.
There is absolutely nothing that shows they own the debt.
Went to mediation today and asked the mediator for proof of ownership. He did not have anything, not even a copy if the summons. I told him I do not owe Portfolio Recovery because I am not under contract nor do I have proof they own the debt. He asked if I wanted to go to trial to get that proof? I said yes.
Of course sent to judge for trial set up. I told judge I do not owe Portfolio anything. Judge said you are denying oweing Portfolio Recovery. I said yes. He then asked if I deny owning capital one and I said no.
He then set up trial for May and set it for 15 minutes.
Now what do I do. Also I have been unable to work since May 2015 and made my last payment to capital one in May 2016. I am on disability and that's my only income and that is the reason I could no longer pay Capital One.
I don't know if it helps but I have 35 different phone numbers that I have blocked from Portfolio Recovery after I told them numerous times Do Not Call me. I just need to see what I need to do next.