I was sued by Capital One on Aug. 11th, 2006.
My defense was based on SOL original debt from Fl. (SOL 4 yrs.)
and I live in MI. (SOL 6 yrs.)
My Equifax CR states both DOLA and DOLP as May, 2000.
My own motion for summary disposition is in 10 days.
I just received their statements which deflate my defense
as they show activity beyond the stated dates of May, 2000
How is it that IF they have later dates of activity they
do not report this as such?
If the later activity date would have been clearly shown on my CR
I never would have wasted the courts time with a defense motion!
How does anyone possibly ever win in a court action without
truthful, accurate information to go by?
Then, how do you track down that accurate info from the original creditor
or the lawyers, since their whole objective is to restart SOL anyway.
No, I was not tricked into making any payments, etc. to restart SOL,
but these statements clearly show "odd" entries on them and my
charge-off date on CR is 4 years AFTER the 180 days time frame
following first delinquency.
Based on all of the misleading, inaccurate info so far, how can I be sure
the photo-copies of my statements are indeed, accurate?
I hope that is a fair question.
Any thoughts or advice is very much appreciated.
Thank you for all of the information here, it is so helpful..
I agree that the collection agency will try to manipulate the last payment date by re-aging the accounts.
This is illegal in the FDCPA law. To prove yourself in the fair side, you need to prove the dates from your bank statement.
It won't take long for the judge to understand your story if you have the bank statement. On this basis, you can even file a lawsuit against the CRA and Capital One for reporting inaccurate items without showing proof. You need to explain your part so that the ball rolls in their court and the burden of proof falls on Capital One or the CRA.
First, highlight this item and dispute with the Credit bureau to correct the entry. Ask for the results of investigations if they decide to continue the reporting. This must not be the case if you have your documentation complete.
If this is not resolved, speak with a lawyer who deals in lawsuits of FDCPA and FCRA violations.
whatbwould a person do if they don't have an old bank statement?
The intricate details will be available with a lawyer. You can also check with your bank for activities in the past.
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SBRNwy Hey, thanks for the post.Thanks Again. Want more.