I think I have Discover with their pants down

[oregonpilot]

I was going over all the statements Discovers lawyers sent me looking for any discrepancies as skippy suggested and finially noticed that they have statements from march of 2003 all with with my current address but I did not move here until the end of Sept 03 the first time I even layed eyes on this place was the end of may 03

The house was not accually put in my name until 4/2005 and I dont think I gave discover a change of address till 2004 not sure of that exact date

I have the power company sending me a account history showing I had the power put in my name in sept 03 I didnt move in till Oct 03

I have canceled checks to prop mang for my previous adress for this time and to utillity bills also

I have a hearing scheduled for tuesday and my plan was to show up with a

motion to dismiss (for lack of jurisdiction), or in the alternative, to stay pending arbitration And a MTC along with the AAA app for them to fill out

this is my thread where I received the great advice (thanks to everyone)

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=301607

but now that I am finding holes in their exhibits maybe I should just go with the hearing and then go after them in AAA for breach of the arb clause

I am still going to call them today and record about being ignored on arbitration requests and still trying to find a more direct phone number than 800discover

[oregonpilot]

What exactly do I do with this after asking about the statements as to where they got them and from who exactly. Do I put the hammer down as to my proof I did not live at the address that is on 6 of the statements at that time and object to that exibit being held as evidence against me??????????

I am really green at this my only leagle experince is watching law and order

and what I have learned here

[Massive]

What exactly do I do with this after asking about the statements as to where they got them and from who exactly. Do I put the hammer down as to my proof I did not live at the address that is on 6 of the statements at that time and object to that exibit being held as evidence against me??????????

I am really green at this my only leagle experince is watching law and order

and what I have learned here

I'd motion the court to have the attorney explain where these bogus account statements came from and who created them. Discover Card couldn't have had the ESP required to provide such documents. I just researched an old file of mine and the same thing happened to me where the Attorney provided all account statements through the course of the life of the account. I see the first two years of the account I lived at a prior residence but all account statements reflect my current address. I smell a fraudulent real party in interest. Discover could not have provided those documents they had to be manufactured. This particular account I had wages garnished for 2 1/2 years. I am preparing a Motion To Vacate Judgment and going on the attack. I don't want to hear about laches, or sol, or its too late to vacate. You have to make these idiots prove they are representing who they say they are because usually they bought the evidence of debt and file fraudulently. I say hammer that law firm as I am about to do.

[BigWimp]

that the software that produces the statements updates the address of all the statements to the most recent address.

The defendant pointed out that if the statements had information that was not the same as the original statements then that casts doubt on the accuracy of the charges, balance as well. These statements had shown the incorrect address. Good outcome for defendant........

[jkg3]

Stories like this is why it is so important to save everything the creditors and collectors send you.

[Massive]

Stories like this is why it is so important to save everything the creditors and collectors send you.

Excellent point, keep meticulous records of each document.

[nrgins]

My personal opinion is that it's probably not a big deal. They probably just have their software set up to use the current address when printing a statement. The statement details are stored in their computer system, not actual scans of the statements. So when someone wants a copy of an old statement, they print it out with their current address (since, if they need to mail them a copy of the old statement, they need to mail to their current address, not the old address).

Personally, I don't think this'll get you anywhere (though it's always good to hope...). The statement details is really all that matters.

[BigWimp]

My personal opinion is that it's probably not a big deal. They probably just have their software set up to use the current address when printing a statement. The statement details are stored in their computer system, not actual scans of the statements. So when someone wants a copy of an old statement, they print it out with their current address (since, if they need to mail them a copy of the old statement, they need to mail to their current address, not the old address).

Personally, I don't think this'll get you anywhere (though it's always good to hope...). The statement details is really all that matters.

Yes, this arguement "adds up" but........whether the opposing attorney can defend it without the defense being hearsay is another big if.

[nrgins]

Interesting point. But it really brings us to another issue: if the statement is shown to be hearsay because the computer uses the most current address; then why shouldn't all computer-generated statements be hearsay? None of them are the "original statement," whether address is correct or not. They're all regenerations of the original, based on data in the computer.

So if a "recreation" of the original statement isn't valid because something inconsequential such as the address is seen as faulty, then really no recreations can be admitted (which it seems would be absurd).

But, like you say, maybe it comes down to attorney's ability to defend the statements.

[jkg3]

At the very least, I would want to question the person who is in charge of managing the database for Discover, so they can explain how an address you didn't live at at the time can appear on a statement from that time.

Is it fair to allow an attorney for Discover the ability to explain and dismiss something they are neither skilled in of have personal knowledge of?

If the address can be manipulated, what about the balances, interest, payment and fees?

[nrgins]

Well, yes, of course. All of those can be manipulated. That's why you need to be able to see the statements and verify it against your knowledge.

But the mere *ability* to manipulate a statement doesn't mean the statement is manipulated. Otherwise, as I said in previous, if that were the case, then *all* computer regenerated statements would be invalid, and only scans of the original statements would be valid. But that's simply not the case.

So, IMO, proving that the statements CAN be manipulated proves nothing. That's a generally accepted fact. The question is: are the statements accurate according to the defendant's understanding of the charges, and, if not, why not?

But, as the other person said, if the lawyer can't defend the statements, then it's a win, so it's worth trying. Why not?

[jkg3]

But, as the other person said, if the lawyer can't defend the statements, then it's a win, so it's worth trying. Why not?

That's my point. Cast doubt, force Discover to fly in a witness. Make them think twice. Get them to settle.