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Proving an Account


Biddybaby
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Hello,

I've lurked here for quite some time and have learned a great deal from all the wonderful and knowledgable folks.

I have a question and I've searched a great deal but can't come up with anything conclusive:

There's a CA that insists an account they have is mine. I've DV'd them and all they've ever provided is a copy of the contract that shows they bought the debt from two other JDB and a printout of a computer screen showing some data, such as my name, address, etc. But they can't produce something that directly connects me to the debt.

What exactly constitutes enough evidence of a debt? Does a CA need a signed application? Do they have to provide all the credit card statements? I've seen Spears v. Brennan but I live on Oklahoma and that citation is from Indiana.

ANy help would be greatly appreciated!

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Welcome aboard!

Write them and alert them that you know about Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002)

Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff’s debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.

Tell them the matter is being forwarded to the appropriate government agencies for further processing since they chose to attempt strong arm you out of your rights instead.

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Thanks Doc for the advice.

I'm thinking about suing them for Fair Credit Reporting ACt and Fair Debt Collection Practices Act no-no's.

I'm just trying to make sure that what they have doesn't prove it's my debt. From the research I've done, it appears most CA's dont have a signed credit card agreement or statements. I guess storing that stuff would be a lot of trouble. I saw on another credit website where someone asked if you'd pay money to me, a total stranger, based on a questionable document, such as a computer screen printout. No way!

I think the same is true with CA's. There really needs to be a standard of proof for a debt, I think.

Tnaks again.

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Recovering, looking for its successful use in court. Does anything come to mind :?:

I've looked for the same, as I'm involved in a lawsuit similar to these circumstances.

It seems that all most CA's and JDB's have is some kind of 1 page computerized statement/print out that they themselves made up, not the OC. It also seems they never have an itemization of exactly how the debt's amount is arrived at (down to the penny), as prescribed by the FDCPA. Also, without some kind of documentation regarding interest rate and other paramaters of how charges are applied to an account, how can the debt amount be proven accurate?

Very frustrating.

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I spoke to an attorney today and he said that what the CA has provided only shows that they bought a debt. In addition the CA either can't (or won't) provide a chain of custody from one JDB to another all the way back to the OC. Without that, again...too bad!

Since they are unable to produce anything that proves the existance of the debt, they're pretty much screwed. :D

He also said if they can't demonstrate how the current balance was reached, to the penny, again, they're screwed. 8-)

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