Harris and Dial suing me for 2 debts, but only one debt is valid.

[Masked Stranger]

What is the name of your state? Massachusetts

Harris and Dial is suing me for 2 credit card debts. However I only had one credit card. First a little background, ill try to keep it short. I made the big mistake of getting a credit card when i turned 18. Than went spending. The job I had was seasonal and when it ended, my income ended. And long story short It been 3 years and it was passed on to Harris and Dial P.C.

Im 21, a full time college student, and have a year left before I get my degree. 2 other collection agencies attempted to collect the same debt before. (for the record I did intend to pay) Whenever I asked for validation of debt, or any sort of proof that they (the current collection agency trying to collect) owned the debt, or were authorized to collect it, I got the run around saying "they couldnt not provide me with that information". So I ignored it. And nothing happened from them. Now about 5 months ago I started getting calls from Harris and Dial. (I never received anything in writing.) claiming to be a law office (I have yet to find out if they are) and they have been hired by Capital One to collect the debt. Now again I went through the whole process of trying to figure out if they are authorized to collect the debt, or have been hired by them. I got the run around. but they DID have my info. They had my address, as well as my Social security number. Something the other collection agencies DID NOT have.

But I DID admit to that being my debt. I just dont want to pay until they provide me proof that they are authorized to collect it. I heard all about zombie or junk debts. I want to try and avoid that. But they were pretty nice. They did say I can pay in installments of $100 a month. And they will give me time to find a job ( im a full time college student. And my most recent attempts to find a part time job have not gone well)


Now than they sprung a HUGE surprise on me. They claim to have ANOTHER account on their system that will be going to the court soon (the previous account was already filed. And I called them After I received the summons) They claim that I had ANOTHER Capital One credit card. Which is not true. I only had one. They also had all the info. The numbers, the SS number as well as the address on the card tied to me. As well as them claiming it being on my credit report.

I asked him for a few days to check it out for myself because i KNOW i only had one credit card. I called Capital One. But whenever I tried to ask anything regarding my account (either one) they could only give me the number of Harris and Dial, and said they were not allowed to talk about anything. I tryied to tell them that these had to be fraudulent charges, but again, the indian (who actually spoke english pretty good I must say) said she could not talk about it and I had to call Harris and Dial.

Which brings me back to them. According to the capital one card holder agreement, I am not liable for ANY fraudulent charges. Seeing as how I tried to tell Capital One that they were, and they would hear none of it, I am forced to deal with Harris and Dial in the issue.

My plan is to call them back on Monday and explain the situation to him.Also explain that as their lawyer, he is responsible for telling his client that these charges were fraudulent and I will not pay them. As well as tell him they have 5 business days to drop the second lawsuit (or not even file and forget about it if they have yet to file) or I will counter suit for the same amount they are trying to collect for malicious prosecution/ harassment/emotional distress. (in my most polite tone of coarse)

Let me make clear, this is me asking advice on the second card. The first one IS mine.

any flaws in my reasoning/plan?