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    onedergrll's Avatar
    onedergrll Posts: 2, Reputation: 1
    New Member
     
    #1

    Nov 7, 2008, 03:40 PM
    Being sued by Capital One for Credit card
    I am being sued by a law firm representing Capital One for a 500 dollar credit card debt.

    I plan on fighting this in court but my question is..

    Attached with their complaint they had a copy of my last statement and an attached contract.

    The contract is generic it is from 2006 I originally got this credit card in 2001. The contract isn't signed.

    I plan on filing a request for production of documents with the court.

    How possible do you think it is that they have lost the original contract?

    Should I pose my answer as if I don't know if they debt is legal because I haven't been presented with an original contract? And do you think if they can't produce one it's grounds for a dismissal?

    Any help would be greatly appreciated!

    I'm in Ohio in case it matters.

    Thanks!

    -Nikki
    450donn's Avatar
    450donn Posts: 1,821, Reputation: 239
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    #2

    Nov 7, 2008, 04:19 PM

    Do you own then the money? Did you charge the 500 dollars? I get all the time changes to the original credit card agreement (contract). It is a common practice to update the card agreement. I don't really see how you can dispute the debt if YOU used the card and charged the amount owing. Why not simply pay the debt and cancel the card? What are you not telling us?
    onedergrll's Avatar
    onedergrll Posts: 2, Reputation: 1
    New Member
     
    #3

    Nov 7, 2008, 04:59 PM

    Well I do owe the original 500 plus some type of interest and late fees but the amount they are asking for isn't 500, I want to see my original contract so I can calculate the interest and charges to see if they're being truthful.

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