I am a newbie here. Been Reading posts for two weeks. I'm deep in credit card debt and I'm trying to settle with the different companies. Before I settle, I want documentary evidence and original agreements. Citibank MC sent my case to a collectons lawyer. I sent my VOD letter and he cited a court case (Chaudry v ?) where he didn't need to send a complete history and a signed agreement. Curiously, two weeks later, he sent a sworn affidavit from a Citi Acct Mgr who claims to have seen, and knows my complete account history. HERE"S THE KICKER! The last page of the package was a report showing that a search was done, and MY AGREEMENT HAS DISAPPEARED!! They searched by hand and could not find it! What should I do?
I'm new too and not sure if I understood correctly .. the creditor couldn't find your account? I know you mentioned nothing about your credit reports ... but, with this info, do you know that if you send it to your CRAs, they would delete this trade line? Not sure if my info helped..
Hi Bonnie, The creditor cannot find my original application with my signature agreeing to terms and conditions.
Interesting turn of events... bump ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
guess what if they cant prove the debt such as a copy of your signature they CAN NOT legally collect it. if they pursue action and verify it with the CRA after you dispute the acct with the CRA you can sue them or demand that they delete the errenous acct from your CR.
Re: Re: Interesting turn of events... dubbz said "I'm deep in credit card debt and I'm trying to settle with the different companies." signature or not, if he/she admitted these were his/hers while negotiating a settlement, that may be proof enough in court. Not trying to sound like hiding90 here, but they probably will verify this, since it does legitimately belong to dubbz. telling dubbz "You can sue!" could prove to be detrimental, since this particular CA is an attorney, and seems to know a little bit about how this 'game' is played....he could be a formidable enemy. Dubbz can sue, but don't forget, so can they. are the debts large? dubbz....educate yourself before you do anything. by the way....might these debts be close to or past the SOL?
Re: Re: Interesting turn of events... from reading these posts It was my understanding that this debt is held by the original creditor and not a CA or an attorney. if there is no signature of the debt on file to prove that they agreed to those terms the debt can not be considered legally valid. based on their admission to liability is another whole animal, I wasnt aware that this took place. I am in process of a major fed lawsuit against an OC who is a CC company my Attorney is suing on the same basis, no proof of the debt no signature etc. however they need to be aware there are also FCBA laws and state laws that may help assist them in this matter. unless they have a tape recording of their admission it is agruementative hearsay, anotherwords my word against yours. if their is other proof to back up the debt like signed purchase statements that too in another ball game it really depends on all the facts of the case. I was giving my opinion only and not stating that this was a true fact. my apologies if i was misinterpreted.
Re: Re: Interesting turn of events... if the debt is out of the SOL they can not sue. just because a Ca attorney may have the file doesnt mean they wont commit a violation and verify the acct with the CRA after it was disputed this is why I said there is a potential lawsuit. verifying the debt is seperate, if there is not prrof to verify it they can not report it, it all depends on what the entire case entails. wish ya luck
