CC Summons - Ladynred ?

[alwaysomething]

What is the name of your state?What is the name of your state? Wisconsin

I see that Ladynred is quite the expert on CC debt n collections - but anyone else w/experience I'd love to hear your input, too.

Pretty simple, I'm sure you've all heard it before - and it's Ladynred's seemingly favorite CC co CAPITAL ONE! I had a card w/a $300 limit on it. I paid for years w/no lates, etc. Financial trouble came along and the card was at its limit - paid a day or two late, and cap1 tacked on the "late" charge. Ok, understandable. I was late, I pay for it.

Then they tacked on the "overlimit" charge because it bumped the card over the limit. Ok, I understand that, too. But what was a $10 minimum payment suddenly became $70 + and at the time this happened, that just wasn't possible for me to pay. I still sent in my $10 payment, because I didn't want to NOT pay - and they continued to tack on each month the "late" and "overlimit" charges. I did send cap1 a letter explaining I will happily continue paying back what money I owe - I always had - and even offered to pay the original "late" and "overlimit" charge. They said NOPE you're responsible for ANY and ALL "late" and "overlimit" fee's we charge. I continued paying, but since I knew I was getting nowhere, collection attempts were already starting, I just stopped paying because I knew at least the "late" and "overlimit" fee's would stop.

I received summons last wednesday (april 13, filed april 11) that cap1 was taking me to court. I've already sent out my Notice of Appearance and Certificate of Service (I sent each to my clerk of courts, capital one, AND their attorney, just to be safe) and now am looking at my Answer.

I'm not looking to avoid my due debt. But they want $1300 and that's just ridiculous (at least to me). Do I have any plausible defense? IE, TILA? Enrichment and Usury? I know even if I go through a mediator (which my county seemingly does) cap1 will more than likely refuse my offer.

Any advice? Sorry this is so freakin long but I wanted to be as clear as possible

[Ladynred]

How old is the debt ? When did you last pay Crap1 ?

People have tried 'unjust enrichment' but it rarely flies. You signed the agreement and its terms say you pay the inflated default rate of interest plus all their insane fees.

Its interesting to note that of the $34 BILLION in profits the CC industry claimed last year $14 BILLION of that was ALL from 'penalties'. They don't WANT you to be able to pay your bill, they're raking it in and laughing all the way to the bank while they make it IMPOSSIBLE, short of winning the lottery, to pay them ! And these 'poor' credit card companies just HAD to have this new bankruptcy legislation because they're 'losing money'.. Oh yeah ?? WHERE ?????

[alwaysomething]

It isn't old at all. I had just stopped paying anything about Aug 2004, they started their xtra penalties about a year before that.

So I guess I'm stuck trying to settle w/their attorney? I shudder to think how much they'll want to settle for above the original credit limit