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just for clarity...


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If a CA is coming after you for a defaulted CC from the past without a written contract, it is automatically a open agreement, correct? They are trying to bully me into paying for this saying its within the SOL for a written contract even though they admitted to me that they dont have it... If it is an open agreement, then the SOL is long past and they havent a leg to stand on...

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In CAPITAL ONE BANK v. CREED the court does not agree with the 10 year SOL on a cc agreement since the plaintiff did not produce an agreement which specifically included a "promise to pay" by the defendant. And, extrinsic evidence (such as the consumer making payments for several months, or years on the account) does not count.

Plaintiff further argues that although there was no writing in which defendant expressed acceptance of plaintiff's extension of credit upon use of a credit card plaintiff issued, defendant's use of the credit card established acceptance of the terms stated in its customer agreement. Plaintiff contends this was sufficient to establish existence of a written contract pursuant to which defendant promised to pay money; that on that basis, the ten-year period permitted by section 516.110 applies. This court does not agree.
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If a CA is coming after you for a defaulted CC from the past without a written contract, it is automatically a open agreement, correct? They are trying to bully me into paying for this saying its within the SOL for a written contract even though they admitted to me that they dont have it... If it is an open agreement, then the SOL is long past and they havent a leg to stand on...

The absence of a written contract, or alternatively the inability to prove a written contract, does not constitute an "open account." What it generally does do, in terms of SOL, is reduce the time to the typically shorter SOL for "oral" or "unwritten" contracts. Only a few states specifically identify an SOL for an "open," or "merchant" account and in certain jurisdictions, even those can fall under the written contract SOL if certain facts are present.

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In other words, tell the CA to take you to court and you'll let the judge decide. If this is now owned by a JDB, this is even better, because then you'll have the "chain of custody" stuff to argue.

What exactly is "chain of custody"? I assume its the JDB having to prove that it has the authority to sue? This seems intriguing...:evil:

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