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Attorney has every statement from OC....


beeboah
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However, the Attorney won't provide me with a signed contract even after requesting it in writing for 3 months straight. Is there a chance that the Attorney will just suddenly pop up with the signed contract in the court room?

I don't even live in the State where the credit card debt was incurred anymore.

Is there any point in fighting this? Attorney won't settle for less than 80% in one lump sum.

Are all of the statements enough to get a judgment against me when they still refuse, or can't provide a signed contract?

Thanks!

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Give me more information.

Why does the CA need to prove ownership? In fact, the CA claims that they don't own the account. They claim that they are the representative of the OC (or they are frauding the court by claiming so).

What do you mean by ownership? Do you mean "my ownership" of the account?

So I am screwed if the CA has statements? I just don't understand.

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Does the OC still own the account or did they sell it to a JDB? If the original creditor has actually sold (assigned) the account, the assignee (new owner) must be able to prove chain of title (ownership).

Well since the case is styled:

Plantiff = OC

Then I *guess* that the OC still owns the account. I have sent them requests for proper standing to represent the OC and they never respond.

Back to this statement thing, but lets say that some other guy ran up a credit card and the attorney naturally has statements to prove it.

How do the statements in themselves implicitly prove that I am beyond a reasonable doubt the person that owes the debt indicated on the statements?

I know that most things in the system aren't fair, but is that the way it works??

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Reasonable doubt only counts in criminal court. All that's required in a civil matter is a preponderance of evidence. That means 50.1% them, 49.9% you... you lose.

alright you are telling me what I don't want to hear...thanks for hanging in there with me.....

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Unfortunately they will win if the OC still owns it and they have all the statements.

Have you tried tosettle to cut your losses (with the OC?)

OC is Capital One. Capital One refuses to discuss it, and sends me right over to CA even when I tell them specifically not to, and verbally offer to settle.

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Are the statements Facsimile statements done on a fax machine or are they directly obtained from the OC. Should be on OC letterhead etc. Something that identifies the OC produced the statements. IMHO, anything less than that could be falsly manufactured from anyone. Case in point, I had a debt that is now past SOL, but it was charged off and sold to a JDB. I requested Validation and it was never validated. A year later I get another letter from a CA type trying to collect and I send off a Validation and it was never validated. A year later I get a Demand letter with phone call from a Lawyer group. They are a CA Attorney type supposedly collecting for the JDB as their client. I piss the head collection guy off and he stated my validation would be in the form of a Lawsuit. I fired off a Validation/Proof of Claim to them and didn't hear anything back for over a year. Then all at once I get a years worth of facsimile statements. There was no identifying factors on the statements showing it was actually from the OC. The Facsimile statements IMHO are bogus and have been manufactured, because 3 prior times of sending out validation request the alleged debt was never validated. Then they expect me to believe they have finally come up with validation! Not in your life! They also need to produce the Chain of Title of the debt to show they have standing.

It's all 3rd Party Hearsay and their facsimile statements can't qualify as business records. It would have to be testified to be accurate and true from someone that had 1st hand knowledge of the debt and the accounting of the alleged debt.

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OC is Capital One. Capital One refuses to discuss it, and sends me right over to CA even when I tell them specifically not to, and verbally offer to settle.

As I expected the debt looks like it has been sold. The OC they are telling the court is the OC may not be the OC after all.

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These are copies of the statements and they are on letterhead. They look pretty legit.

My sworn denial (of the material fact witness testimony) should take care of the statements.

I didn't know about the Chain of Title of the debt. Thanks for that one.

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