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OC lost applications with my signature?

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    OC lost applications with my signature?

    Two OCs (same bank) sent my alleged debt to CAs to get me to pay (payment was still to OC.) I DVed the CAs who kicked it back to the OC without ever validating (not legal in my state but that is another story). OC sent me two letters for each: one telling me I owe based on applications/terms I signed on such and such a date, and a second one telling me they cannot find the originals that I signed back on such and such a date. I did come across one case in my state where they could not enforce the interest or late charges because the original was lost, but would like thoughts from legal brains on this.

    I have ITS the CAs for numerous violations of state and federal collection laws as well as the TCPA. I am debating court or arbitration at this point (they will owe more in TCPAs than I owe them, as of today the ITS have been blown off even with a ready to file complaint in them.) However I have two more OCs that I allegedly owe and it seems that no one has paperwork I signed. Is this a defense that works? How can they prove a "we can do what we want, at will" if they don't have anything on file? These are cards that have been dormant for years (ratejacking forced me to cut and forget them.)
    First consult: You go now, no CH 7 for you. You spent entire buffet. 13 has a 95 percent payback. (Owwwch) On to next consult....

    #2
    Since there apparently has been no judicial attempt to collect the debt (i.e., you didn't mentioned being sued) the fact that no one has produced the signed application is largely irrelevant at this stage.

    You can always allege violation of federal and state collection practices statutes. Doing so requires you to file a law suit and meet the burden of proof. Which means getting documents and taking evidence. This level of litigation is usually beyond the abilities of a pro se individual and many judges won't even bother to entertain your case until you have an attorney.

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      #3
      I did the ITS pro se because I have yet to find an attorney whose case load prohibits them taking on litigation. I had one who offered to write the demand letter on contingency, so it stands to reason the case I presented was a slam dunk (he wanted 40 percent for writing a letter but was not available to litigate.)

      I would probably arbitrate if I had to go; now that NAF is out of the picture the playing field there is far more consumer friendly.
      First consult: You go now, no CH 7 for you. You spent entire buffet. 13 has a 95 percent payback. (Owwwch) On to next consult....

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