- Report: #351511
Report - Rebuttal - Arbitrate
Complaint Review: Capital One
Capital OneP.O. Box 85015 Richmond, Virginia U.S.A.
Capital One - Sprechman & Associates Collecting way beyond SOL Richmond Virginia
I have a sent request for validation via Certified Mail -Return Receipt, which they have received already and at the pre-trial conference he said it was too late for the validation dispute as I only had 30 days from the initial letter he said they sent me last year. I told him I had never received a letter or anything regarding this account until I was served a summons on 06/17/2008. I asked how he sent it and he said regular mail and he couldn't locate it at this time to read it to me. I believe my 30 days to dispute started when I received the summons as that was my first knowledge of the debt collection activity by them. Don't they still have to provide me with the VALIDITY/PROOF that the account was mine and provide original documentation to back it up? I have credit reports from 2006 & 2007 that plainly show when the last payment was received and he is trying to say it was just charged-off in 2007 which is a blatant lie! Both years of credit reports show the charge-off date for the most current time which means they have been feeding false info to the credit reporting agency's. Accounts are charged-off 180 days after last payment was received per my extensive research. He also threatened to prove the 5-year Florida SOL for credit cards with case law history examples. Is there a site that can I find case law to back my claims on this?
Do you think I can WIN? I did not put my tail between my legs and say, "O. K., YOU WIN". I am doing what these attorneys do not expect, showing up for court and putting up an educated fight! No automatic DEFAULT this time boys! Should I also counter sue for falsely reporting info to the credit bureaus or knowingly suing on a time barred debt that is past SOL?
My court date is 08/19/2008 and I am running short on time here, so any help or advice you could offer would be greatly appreciated!
This report was posted on Ripoff Report on 07/15/2008 11:21 AM and is a permanent record located here: http://www.ripoffreport.com/r/Capital-One/Richmond-Virginia-23285/Capital-One-Sprechman-Associates-Collecting-way-beyond-SOL-Richmond-Virginia-351511. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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