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Re: Why Chat- PLEASE READ THIS


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Posted by Why Chat (12.77.151.205) on October 27, 2002 at 11:28:41:

In Reply to: Re: Why Chat- PLEASE READ THIS posted by Desperate on October 26, 2002 at 23:56:24:

I think the CapitalOne id on the filing is to identify the original creditor, First would be filing as an asignee of CapitalOne.

I believe you may be able to raise the claim that you never signed for this account, they have no proof it is your account, and you have been served with someone elses (wrong sex) name.

I do not know how the Court would deal with you on this, I advise you to tell the truth, but not to volunteer any information. If asked if this is your debt, you can answer truthfully that you do not know, and have been trying to find out without success.

I would not confuse the issue any further than it already is with disputes about who has filed, and in what name of which Corp.

If you respond with the answer, notice of appearance and affirmative defenses of incorrect name, dates and account information, you may be able to win a dismissal.

They would have to produce a signed application with your correct name on it. I suggest you bring to the Court documentary proof, i.e. drivers license, ss card,utility bills etc. that prove you have NEVER used the name they are claiming.

It would be a good idea, also, for you to dispute the erroneous spelling on your credit reports, if asked about THAT- you can truthfully state that when you were served with the wrong name, you checked your reports and had them corrected.


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