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Question I have... What's so significant about Discover Card commercials? Thanks for any comment. Another question on my mind: I fired off a 623 letter to Capital One last month and they received it on 12/2. Well I get a response back from them today. The letter is dated 12/29 but it isn't postmarked until the 4th. Here is what their letter said:.

Dear XXXXXX,.

Thanks for contacting us about your Capital One Account.

Because you applied for your account by phone or on the Internet, we do not have a paper copy of your application on file to send to you. We've enclosed a copy of your Customer Agreement, as well as your last three monthly statements..

Please not that any additional requests for complimentary copies of documentation regarding your account may not be honored..

Capital One has a valid contract for the amount you owe..

As of 12/29/09, your account balance was $XXX.XX. This amount may have changed by the time you receive this letter.............

I'm confused and I find this hilarious at the same time. If someone doesn't mind taking the time to answer, I have a few questions about this..

The confused part:.

I fired off a letter to the CRA's right after I got the green card back. If Capital One doesn't have any contractual proof that this even belongs to me, isn't that a violation of the FCRA, FDCPA or both? Should I send a copy of this to the CRA's showing that Cap One doesn't even have a contract that definitively proves that this is mine? Should I write Cap One back and make them assert this claim of a contract by producing said contract and inform them that the SOL is up?.

The address showing on the statements is one that I never even lived at..

The hilarious part:.

IF they were to come after me in court, they've given me docs that show the DOFD is Oct 2004 and a copy of the customer agreement showing that Virginia law takes precedence. SOL is up either way..

This post has been edited by.

Texaninfl7115.

: 06 January 2010 - 09:02 PM..

asked Mar 05 at 11:23

Kimora
's gravatar image

Kimora
43


I'm stumped. I'm not so sure what is the right answer. I'll do some research and get back to you if I find an answer. You should email the people at Discover Card as they probably can answer it..

answered Mar 05 at 12:47

Moises's gravatar image

Moises
2072

Perhaps I'm wrong but logically I would think they would have to have a contract in the form of an signed agreement to report to CRAs..

I found the statements contradictory. They claim a "valid contract" with me in their letter yet, just a few paragraphs before, they claim they don't have a application or agreement with my name on it. That doesn't make sense...

answered Mar 05 at 13:15

Riley's gravatar image

Riley
3532

It says they do not have a paper copy of the agreement..

But they have the right to collect..

Just because it's beyond legal-SOL, doesn't mean they have to stop collecting. I have an 11 year old AmEx CO that they still pull monthly ARs on and monthly settlement letters..

Logically and legally are two different animals..

All a 623 letter does is ask them to investigate the TL. they don't HAVE to provide you with anything..

answered Mar 05 at 13:49

Aniyah
's gravatar image

Aniyah
1561

Oh I know they have the right to collect forever. It just doesn't make any logical, or legal, sense that they can report a TL that they don't have a signed agreement or contract for..

I used the Jack Attack on the Cap1 tradeline for TU and EX. I'm crossing my fingers and hoping it works. It took me 3 days to read through every bit of that thread.

This post has been edited by.

Texaninfl7115.

: 06 January 2010 - 11:58 PM..

answered Mar 05 at 14:26

Braeden's gravatar image

Braeden
1668

Did you use the card?.

Did you make payments on the card?.

Do you receive mail at that time and since then at the address they are sending the bills to?.

How would you explain to a judge (if it was within SOL) that you wanted their claim dismissed because they didn't have a signed contract? They have terms of use, and when you use their card, you agree to those terms..

answered Mar 05 at 15:00

Cora
's gravatar image

Cora
2036

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