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FIA Card Services


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Good day! Back here for some much needed wisdom 8]

I'm in PA.. been sued by FIA Card Services via DAVID APOTHAKER. I answered the initial summons with prelim objections.. and just now received an "amended" complaint.. in which Apothaker attached copies of some BoA credit card statements (which appear to be mine) along with some affidavit showing "FIA is BoA"..

Having said that.. seeking advice as to what my next course of action should be:

- Do I "Answer" the "Amended" complaint.. if so, does the "Where's the original contract" argument stand?

- Do I continue to "Object"? Under what grounds?

- Does "Prove chain of Custody" work in this case?

Sadly, the "original" BoA debt IS mine.. but since it's been charged off, I have received a number of collection letters from various agencies..

Thanks in advance for any and all help!!!!

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IMHO, fia is NOT b of a...they are an "ASSIGNS".

my argument for this is as follows

1- they have already given you evidence of this by giving you some statements. i bet you a donut that nowhere on the statements it says make check payable to FIA or is there is an fia logo or anything about fia on it.

2- during discovery, when you demand and eventually receive the card holder agreement (this is gonna be the contract, per se), ill bet another donut that is has b of a all over it with no mention of fia...other than the term "assigns".

there is a recent post that escapes me now where the OP has a document from a court proceeding where bofa states they have nothing to do with fia.

IMHO, this makes fia subject to the fdcpa as they are clearly NOT an OC.

it seems to me a chain of custody is a reasonable request to establish "standing"

also demand EVERY statement starting from the day the acct was opened in order to determine that interest was calculated properly.

fia is boa/fia is not bofa is a constant debate on this board.

others wont agree with me, some will.

the above is how I (being in your exact situation) positioned myself in my case.

dont know when your acct was opened, but i have a 2005 bofa agreement stating JAMS i used to initiate arb.....and as i stated earlier, not a word about fia on it.

i can scan it and send you a copy if you think it will be helpful....just pm me an email addy.

good luck.

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