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has anyone played the "i don't recall game"?


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from what i have read on here is that, it is up to the collector/lawyer to prove thier case. so if im being sued for a 5 year old credit card that has been passed from one collection agency to another. shouldn't i go to court and tell the judge i don't recall? and i would like to see where i made these charges?

what would they have? the application i filled out? recorded phone calls?

i answered the summons like this...... "Currently seeking services through legal aid to file bankruptcy. i don't recall this particular bill. can i reuqest proof of signature on original account? has the statute of limitations ran out on this? i can't afford a bill this high."

anyone have any experiences with this?

also.... after sending in my answer. i decided to dispute 2 of the 4 accounts on my credit report - and surpizingly they deleted them........ is it too late to do the same with the one that is sueing me? or should i do it as well?

my mother always told me..... deny everything and demand evidence!

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from what i have read on here is that, it is up to the collector/lawyer to prove thier case. so if im being sued for a 5 year old credit card that has been passed from one collection agency to another. shouldn't i go to court and tell the judge i don't recall? and i would like to see where i made these charges?

what would they have? the application i filled out? recorded phone calls?

i answered the summons like this...... "Currently seeking services through legal aid to file bankruptcy. i don't recall this particular bill. can i reuqest proof of signature on original account? has the statute of limitations ran out on this? i can't afford a bill this high."

anyone have any experiences with this?

also.... after sending in my answer. i decided to dispute 2 of the 4 accounts on my credit report - and surpizingly they deleted them........ is it too late to do the same with the one that is sueing me? or should i do it as well?

my mother always told me..... deny everything and demand evidence!

What method did you use to dispute the 2 items? did you dispute with te original creditor or the CRA's?

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I just went through a massive deposition with 3 opposing defense lawyers as a witness for the class arbitration plaintiff. (I'm global member of the class action as plaintiff)

The defense lawyers asked me many, many, questions. Almost 150 questions. On at least 30 different subjects. How am I supposed to exactly remember all that? On almost every question, by default, answered "I don't recall", or "I'm unsure specifically unless I'm looking at the document."

Many times they produced the document, which is OK, because if I would have "guessed" i would have been wrong, had I tried to answer off the top of my head without the document.

In many of those questions, I had a general idea, but did not remember the specifics they were asking.

One of my favorite questions was from an email my side produced and the lawyer asked me, Is this your email? I said "Yes". "Did you call this distributor Satan"? I answered, "That's clearly what this email says". Then he asked me, "why?" Big mistake! He let me read the entire email I wrote explaining why read into the record! It exactly encompassed what I was thinking 3 years ago on the subject, much of which I had forgotten.

Lesson here. Never, ever, assume your memory is correct. It may not be. Make them produce the document original for you to look at and confirm or deny from there. (If its a copy, admit its a copy of your signature, not the original. People do creative stuff with copiers and scanners these days. only admit its your original signature, if its the original.)

Yes, I drove these lawyers nuts for 4-5 hours! It was a good time!

I can't remember what I had for lunch yesterday, much less something I may or may not have signed 5 years ago!!!!

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getting the two accounts deleted...........

i disputed with experian online and got an email back saying they were deleted.

transunion - i sent reg/reciept letter and recieved a letter back and it just says the accounts were deleted.

neither one says why they were deleted. am i supposed to do this with the collection agency's too. or send them copies of what the CB's sent me?

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mrsfrustrated: what did you claim in your answer? You can't admit in your answer and then come into court and jus give general denials.

It doesn't look like mrs frustrated admitted to anything unless the statement that she was filing bk would be seen as admitting to owing this particular debt. Problem is, breathing the word bankruptcy can be seen as invoking it ... and you can invoke BK prior to actually filing and collection activities must stop as of that moment (even if you're already standing in court) ... however if you don't then go on and file, there can be consequences for having cried wolf.

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It doesn't look like mrs frustrated admitted to anything unless the statement that she was filing bk would be seen as admitting to owing this particular debt. Problem is, breathing the word bankruptcy can be seen as invoking it ... and you can invoke BK prior to actually filing and collection activities must stop as of that moment (even if you're already standing in court) ... however if you don't then go on and file, there can be consequences for having cried wolf.

uh oh!!!! (I REALLY DON'T KNOW WHAT I'M DOING)

the bankruptcy part of my answer was my plan when i mailed in my answer. but since then. i have been going around and around with legal aid. and eventually found out that i am right over the income amount to qualify BUT..... i was told i did qualify for low income help (i guess i will have to pay a portion??). i called the lady and she said she would have to call me back. i just havent heard from her yet. Geez i hope i don't get myself into even more trouble here! you guys are scaring me!

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