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Zwicker, are they for real?

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Being sued by Zwicker & Zwicker on behalf of the OC in AZ.

History:

Answered complaint, deined everything.

Asked for proof.

They sent a few statements.

Asked for more proof.

In the mail yesterday, I reciebed a Supplemental Disclosure Statement:

1. Signed Credit App

2. Additional Billing Statements

3. Applicable Cardmember Agreement

So, this is what is strange

1. Credit App. This is a credit app with my info on it, it is signed BUT not by me or anyone I know. It is hard to read the name but does not resemble mine.

2. Billing Statements. Some random statements from 2006...not even in any kind of order...missing months here and there.

3. Applicable Cardmember Agreement. It is a cardmember agreement but it is not dated...

My questioin is, what do I do now, since the credit application is obviously not signed by me?

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Zwicker is crooked to say the least. I had to deal with them last year. Some of the things you mentioned they did to me as well, with the exception of the signed app.

For the last year and a half I have been in a battle with them. Today, I had to self a response to them to a hearing on Friday. So, I personally did it and when I got the the building they were located in...they did not have a sign on the front door..it was actually two doors, the glass door, then another door with a 5 digit pass code with a smal window.

I looked inside the window and all it was was rows of cubicles for collection agents to sit and work. If they do file suit, they will provide alot of CC statements, but statements are only hold up if they have a witness from the OC there to verify them. They will make it seem like they will fly someone in to testify, but if it goes to trial, no one from the OC will be there.

Also, they will push strong for a summary judgment. Most likely they will state a breach of contract, account stated and maybe unjust enrichment. Credit cards are regulated by the truth in lending act (TILA), which states that there needs to be a written CC agreement and that all charges need to be properly agreed to. So, in a CC case, account stated is usually the means for summary judgment,

The acct agreement, like the one they gave you, will be generic and most likely not even be from the OC.

Send them a DV letter and wait from them to respond or not respond. If they bought the debt and they report it before validation, they broke the law and subject themselves to monetary damages. If they do not respond or provide you in their letter with your rights, they broke the law...

I would contact a consumer law attorney in your area to see if they already broke the law.

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I would think the best route right now is a motion to strike each and every document they provided. Some places if you do not object to something they provide in discovery, you can not later object.

You could also use the application that is signed by someone else as proof of Identity Theft and file a motion for Summary Judgement.

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