2942Re: Hi all...what do I do now....???
- Oct 1, 2003Well Dave,
When in Rome do as the Romans. Did you send for the contract in
the form of discovery? If not the do it. You are entitled to
discovery the same as them. If they fail to provide the discovery
then you should have a few questions for them in the form of
admissions. Without a copy of the contract they have no standing in
equity. The reason they are sending you the CC records is to
establish that your intent was to have a credit card relationship
with them.. You will find that judges will hang you because of your
state of mind.
I recently had a problem corrected in my own credit file by asking
for the document that would establish my responsibility to pay for
the credit charges that were being applied against and reported as in
default. Seems my ex-wife had gotten several credit cards by using
my earning power and placing me on the cards as an authorized user.
I never charged anything on them nor knew about them till the
divorce. When I ran a credit check on myself to see what was going
on I found what had happend - I called all of the CC companies and
all of them but one immediately cured the recording/reporting
problems. The one that didnt had some rude people who thought that
they would run over me. However, when I wrote a nice simple letter
to the credit investigation department asking for the document that
had my signature on it suddenly everything was corrected and a letter
was issued to me to use in the event that anyone ran a credit check
before they got the record corrected.
In your case you need to check the local state laws to see what
the CC company can do. If they can get judgements based on CC
nonpayment then you should find the Supreme Court Case that says that
it is against the law to sell credit through the mail. They usually
fade away when the record is going to show that case. Seems the CC
Companys really dont want that case flying around.
Remember credit is not a tangable item. For the CC Company to
try and take someting that is tangable, such as your property, for
something that is not tangable is unjust enrichment.
The only credit that is legal is when something is purchased with
the money that is carried on the books. Like the Sears credit card.
If you dont pay Sears they will come get your washer or dryer or
whatever you charged.
The reason they ignore the cease and desist is that it amounts to
you telling them to not bother you. They will only stop bothering
you if they have some serious problems by bothering you. Unless you
get a court order ordering them to not bother you then they wont.
Otherwise, they will contintue to bother you.
You never said - Have they sued you yet. If they have not filed
on you in court yet - just ignore them - all they are doing is
clogging up the mails - If they have sued you - you need to file an
answer to avoid a default. You said you sent a quesitonare to Citi
Bank. They only have to answer questions about your account and
nothing else. They do have to provide the document that creates any
obligation on you. Failure of them to provide the contract should
cause you to file a cross claim on them.
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