Thread: Capital One fraud affidavit

That would be a different board - perhaps you should start one. This one is for people who are already in trouble. They can get lectured and preached to in numerous other places.

After one trip to credit hell, most people learn their lesson.

In my opinion, a credit advice message board should be a lot more about preventive education, rather than educating people on how to get a CL increase, lie on a mortgage application, or how to evade a valid debt. Those "solutions" only serve as a band-aid for the underlying problem --- a lack of responsible financial planning.

Originally posted by too much
Your assumptions about my assumptions are incorrect.

The original poster wrote : "Should I sign illegibly? Or with my other hand? etc.?"

and later explained just why that question was asked -- YOU could have asked the intent BEFORE attacking and assuming as well.

If this isn't an obvious attempt to deceive the creditor, I don't know what is.

The POINT was, having received a fraud affadavit in response to a dispute that didn't state fraud.

Seems to me THAT is an obvious attempt to deceive the poster as a consumer by the creditor.

The poster has two choices -- do the right thing, or try to be dishonest. By the tone of their original post, it was clear that they were looking for the dishonest way to deal with the situation.

You don't get to decide nor impose your judgments on anyone and certainly not based on what YOU perceived to be a tone.

It was clear to me that they were asking for direction on having received a fraud affadavit INSTEAD of verification. If they can verify what is reported, as they are required to do, why wouldn't they send that documentation instead??????

I believe that everyone should pay their bills. If they cannot do so, there are protections for them (bankruptcy court, lender's hardship programs, etc). Some of the alternatives offered here (make 'em prove that you owe it, stone-wall them, etc) are simply wrong, in my opinion.

I don't disagree, pay your bills or use the protections available, nodding!

There are no alternatives offered here. The request and requirement is a RIGHT of consumers that cannot be taken away and as valid as a law and procedure as BK (that you support).

What's the difference?

They are REQUIRED to prove what you owe as a condition of reporting. They don't HAVE to report, they choose to. In so choosing, they also accept the laws that bind them as a condition of reporting.

However, just like the people who advocate ripping off a lender have a right to post here, I have a right to say that I think it's wrong to try to evade your legal and moral obligation to repay a debt.

I've read a lot of posts, even the archived ones, over and over and over again even. I don't believe I have ever read one that advocates ripping off a lender. Please provide a link to a thread that does so.
Say what you will and think what you will, I do the same. You can't make exercising your right as a consumer however to an evasion or moral obligation.

Have you not read the FDCPA or FCRA?????

I am not pro-lender/creditor. As I've said in many posts-- most lenders are scum. They sell you the rope to hang yourself. The main reason most people accept the rope is that they are simply too stupid to understand the consequences.

I don't think pro or not pro is even relevant. It's a lawful right given to consumers and those choosing to report have to play by those laws.

There's no rope at all.

In my opinion, a credit advice message board should be a lot more about preventive education, rather than educating people on how to get a CL increase, lie on a mortgage application, or how to evade a valid debt. Those "solutions" only serve as a band-aid for the underlying problem --- a lack of responsible financial planning.

Yeah, I've read you say the same before. That goes back to your first sentence and my question too. I'm not wrong about your assumption, you clearly state it and insist consumers are firstly wrong even when the facts are otherwise.

This isn't a financial planning board, if that was the advice sought, we'd go to one.

Sassy

1*a lack of responsible financial planning.
too much=====
=================
1* How does protecting myself from rip-offs con jobs and shell games reflect that I'm responsible?

Signing an affidavit with an altered signature, is an act of fraud in itself. An affidavit requires being signed before a notary. The notary witnesses that the person who wrote the affidavit, really is the person who signed the affidavit. You will be swearing to the truth of the context of the affidavit. Multiple signatures are requested to determine whether you may have signed an account application, using the very methods you described. However, multiple signatures are no advantage for the CC company. If you sign an affidavit declaring the account is not yours, and if push comes to shove, as in a civil action, then the lawyers will obtain your hand writing samples from several sources. They will also obtain other hand writing characteristics from several sources. If the cc account you are being billed for is not yours, and you have nothing to fear from an inspection of your hand writing, you can respond with your own affidavit, denying the cc is yours. The cc company will be burdened with the task of proving it is yours. One way to disprove a cc account, is to obtain statements from the cc company, showing all transactions. If you did not make those transactions (ie: transactions at places you have never been; payments from someone other than you), they have no case against you.

Capital One typically sends "fraud affidavits" out when they receive any type of dispute, even when they know that the consumer didn't allege fraud; its easier for them to go the 'fraud' route, then to try to dig up information to answer the dispute.

Of course, Kathy, you do realize that this post was all the way back in 2003?

Did you want to bump it back up?