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If we do not hear from you, your account will be
reviewed by our department manager. Your actions
determine our handling of this account.
In response, Mr. De Shon faxed to Discover a letter again
disputing the amount due. Mr. De Shon did not receive any
communication or correspondence from Discover in response to his
dispute, nor did he receive a replacement Discover card when his
card expired in May 1999. Petitioners received their last
statement pertaining to account 790 in May or June 1999.
Petitioners did not remit any payments to this account after July
21, 1998.
Petitioners maintained another joint Discover credit card
account ending with the numbers 879 (account 879). The address
listed for this account was the same address that was listed for
account 790, which is also petitioners’ current mailing address.
The credit card statement as of July 13, 2000, indicated a
previous balance of $2,462, a purchase identified as “Bravo
Reserve previous balance” of $1,155, and a new balance of
$3,617.4
In early 2002, petitioners received from Discover two Forms
1099-C, Cancellation of Debt, for 2001: one each for accounts
4 Respondent introduced at trial a photocopy of this
statement and the declaration in lieu of affidavit to which Mr.
De Shon objected on the basis of lack of authenticity and
completeness. The Court admitted the evidence on the condition
that respondent furnish the original documents to the Court.
Subsequent to trial, respondent submitted to the Court the
original documents. Mr. De Shon’s objection is overruled.
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