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being sued for amount I do not owe


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I'm being sued for an amount the OC already agreed I do not owe. Here's the story:

In 2007 I dispute a fraudulent credit card charge, and receive a letter from the OC stating they opened an investigation. They issue a temporary credit. More than two billing cycles elapse, a reversal of the credit appears on my statement, but I hear nothing else from them. I contact and tell them they did not report their findings per FCBA, and thus I do not owe them the disputed charge. I receive a letter stating they are posting a credit to my account for that charge, so I deduct it from my next payment. The next statement arrives, and the promised credit is missing, plus now there are interest charges.

I write the OC again. They agree to post the missing credit plus $1000 for FCBA violation. Next statement arrives without those credits. I stop using the card, calculate what I actually owe, and write to OC again. OC accepts my calculated correct payment and agrees to credit the increasing incorrect amount. Next statement arrives and, you guessed it, no credits (other than my payment) posted. I cancel the account, and send no more money. They continue to send statements with added late fees and interest, now totaling over $2000.

I write to OC and send copies of their letters promising credits, and copies of their statements that lack those credits. I receive non-sense, computer form letter replies such as "Your dispute was already investigated. Please contact us to make payment arrangements." I start getting their automated payment demand phone calls that continue even after I ask them to stop.

I start getting payment demand letters from their CA at my work address, in envelopes not marked "Private and Confidential". The CA's letters advise me to contact them for validation, so I write to them requesting it. I also send the CA copies of the OC's credit promises and statements lacking those credits. That was over a month ago and I've received no reply. Since this began, I've written the OC and CA over 10 times.

Now the OC has filed suit. I am suspicious they've learned I am disabled and are hoping I will be too ill from my chemotherapy treatments to attend the hearing, which is a distinct possibility. What should I do? Thanks much for your advice.

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It wasn't identity fraud. The disputed charge was from a known source who did not perform the agreed to services, and refused to respond to my calls and letters.

AFAIK, according to the FCBA the nature of that dispute became irrelevant when the OC failed to tell me about the findings of their investigation in a timely manner.

And there remains the issue that my disability may preclude an appearance in court.

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Since you have all of the correspondance from the OC saying they will reverse the charge, you probably are okay from a legal point of view. As far as being too ill to attend court, try calling the courthouse or your local legal aid and ask if you can send a proxy or somelse to represent your interests due to your confirmed illness.

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Thanks for the replies, some good ideas there.

I'd prefer the OC to drop the suit entirely. Given my bunch of evidence and their lack of it, I view their suit as frivolous. I'm wondering if telling them I'm prepared to sue for malicious prosecution might get the OC to stop sending computer form letters and have a real human review their goofs.

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