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Showing content with the highest reputation on 03/29/2021 in all areas

  1. Update: Plaintiff's attorney did not show for the virtual hearing last Friday. Judge granted my MTC this morning. On to the next steps.
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  2. @Clydesmom thanks. I sent over my response to the summons. Just going to do that I can and try to settle
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  3. 1) Going to an internet board for legal advice is akin to going to some random person on the street corner for legal advice. You don't know what you are getting is correct and you have no assurance that it is correct. You also have no legal recourse if the advice is not correct. 2) In French-Canadian society, the saying was "If you want it legal, go to a notary." The same advice applies here. If you want competent legal advice, go to an attorney. 3) Although we can figure out who the OC is that you are talking about (you are not being that cagey), it is a little difficult to figure out the state. I have some guessed but apparently according to you, my guesses are bad anyways so who know. Being that, some board members might not be in tune with all the legalities of your state just as I would not expect you to know the legal and court quirks in Minnesota. 4) Maybe what you are asking for and saying is wrong, is not advice you will get from this board anymore because those that have tried what you want to do before have had their derriers handed back to them on a silver platter and they have not come back to report that. 5) I told you to use Google because if you are going to go it alone, you had better be able to research the answers to you questions, both in this board and outside this board. You are going to try some stuff that you have better know your case law on because you will probably have to state your legal backing to a judge at some point. 6) I am suggesting that you bring in a lawyer for this case, particularly the one that gave you the advice you are basing your opinions are. Let that attorney put his money where his mouth is and we will see if the opinions hold up when their bar license is on the line. 7) Finally, and this is important to say, you probably do owe the OC a certain amount. Most people who come to this board do owe their creditors. Some have had real issues (such as yourself) and other simply do not want to pay them. I am not judging you on that but it has to be put out there that you borrowed the money and now the OC wants their money back according to the contract you agreed to. Now, there might be some unresolved disputes that would be up to a judge to decide but that is it (unless you can prove some reason that you really don't owe any money such as identity fraud). With all that said, obviously you don't want my advice. That is fine, I am a big boy and can take rejection. I will simply move on because I really have nothing more to add to this topic. I just have to ask this. Win, Lose, or Draw, I would like for you to come back and report how things turned out.
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  4. So they responded to my Bill of Particulars with statements dated: 3/12/15, 4/12/15, 5/12/15, 6/12/15, 7/12/15, 8/12/15, 9/12/15, 10/12/15, 11/12/15, 12/12/15, 1/12/16, 2/12/16, 3/12/16, 4/12/16, 5/12/16, 6/12/16, 7/12/16, 8/12/16. There's nothing in there except those statements... no account opening documents, nothing bearing my signature, nothing showing they acquired the debt from Barclays. They also sent me a separate letter containing interrogatories, a redacted copy is attached. interrogatories-redacted.pdf
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  5. suggestions RESPONSE TO SPECIAL INTERROGATORY NUMBER 1: Q: Did you ever submit a request for a credit account to SYNCHRONY BANK? A: Defendant objects to this request on the ground that this request is overbroad and would seek documents relating to accounts nto at issue in this litigation. Defendant Further objects to Plaintiff’s use of the word “account” on the ground that it is vague and ambiguous in the context of this litigation in that the complaint does not attach any agreement relating to any alleged account such that Defenant can respond. For that reason Defendant has asked plaintiff to respond to a Bill of Particulars setting forth the “agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that agreement, all credits that were made to the alleged account, the price or charge for each item, materials or goods supplied or another consideration rendered, and all alleged payments or credits that have been made to the account. Plaintiff has not provided the complete alleged account, nor any alleged “request for a credit” made my defendant. Without such information , Defendant is unable to provide the information sought in this request. However, Discover is still in progress and not complete. Defendant reserves the right to supplement his answer to this request after Plaintiff complies fully with Bill of Particulars. RESPONSE TO SPECIAL INTERROGATORY NUMBER 2: Q: Did SYNCHRONY BANK issue a credit account number xxxxxxxxxxxx? A: Defendant objects to Plaintiff’s use of the word “account” on the ground that it is vague and ambiguous in the context of this litigation in that the complaint does not attach any agreement relating to any alleged account such that Defenant can respond. For that reason Defendant has asked plaintiff to respond to a Bill of Particulars setting forth the “agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that agreement, all credits that were made to the alleged account, the price or charge for each item, materials or goods supplied or another consideration rendered, and all alleged payments or credits that have been made to the account. Plaintiff has not provided the complete alleged account Without such information , Defendant is unable to provide the information sought in this request. However, Discover is still in progress and not complete. Defendant reserves the right to supplement his answer to this request after Plaintiff complies fully with Bill of Particulars. RESPONSE TO SPECIAL INTERROGATORY NUMBER 3: Q: State the approximate date you opened THE CREDIT ACCOUNT (for the purpose of these interrogatories. THE CREDIT ACCOUNT shall mean credit account issued to you by SYNCHRONY BANCK account number xxxxxxxxxx). A: Defendant further Objects to Plaintiff’s reference to "date you opened" as it calls for legal conclusion. Defendant has denied liability for the alleged "account. and Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt. Defendant further objects to Plaintiff’s use of the word “account” on the ground that it is vague and ambiguous in the context of this litigation in that the complaint does not attach any agreement relating to any alleged account such that Defenant can respond. For that reason Defendant has asked plaintiff to respond to a Bill of Particulars setting forth the “agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that agreement, all credits that were made to the alleged account, the price or charge for each item, materials or goods supplied or another consideration rendered, and all alleged payments or credits that have been made to the account. Plaintiff has not provided the complete alleged account Without such information , Defendant is unable to provide the information sought in this request. However, Discover is still in progress and not complete. Defendant reserves the right to supplement his answer to this request after Plaintiff complies fully with Bill of Particulars. RESPONSE TO SPECIAL INTERROGATORY NUMBER 4: Q: IDENTIFY (for the purpose of these interrogatories, IDENTIFY shall mean to state the name, address, and telephone number) each and every person other than yourself who has ever had possessions of any credit card for THE CREDIT ACCOUNT. A: Defendant objects to Plaintiff’s use of the word “account” on the ground that it is vague and ambiguous in the context of this litigation in that the complaint does not attach any agreement relating to any alleged account such that Defendant can respond. For that, reason Defendant has asked plaintiff to respond to a Bill of Particulars setting forth the “agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that agreement, all credits that were made to the alleged account, the price or charge for each item, materials or goods supplied or another consideration rendered, and all alleged payments or credits that have been made to the account. Plaintiff has not provided the complete alleged account Without such information, Defendant is unable to provide the information sought in this request. However, Discover is still in progress and not complete. Defendant reserves the right to supplement his answer to this request after Plaintiff complies fully with Bill of Particulars. RESPONSE TO SPECIAL INTERROGATORY NUMBER 5: Q: IDENTIFY each and every person who you ever authorized to use THE CREDIT ACCOUNT. A: Defendant further Objects to Plaintiff’s reference to "you ever authorized" as it calls for legal conclusion. Defendant has denied liability for the alleged "account. and Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt. Defendant further objects to Plaintiff’s use of the word “account” on the ground that it is vague and ambiguous in the context of this litigation in that the complaint does not attach any agreement relating to any alleged account such that Defendant can respond. For that, reason Defendant has asked plaintiff to respond to a Bill of Particulars setting forth the “agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that agreement, all credits that were made to the alleged account, the price or charge for each item, materials or goods supplied or another consideration rendered, and all alleged payments or credits that have been made to the account. Plaintiff has not provided the complete alleged account Without such information, Defendant is unable to provide the information sought in this request. However, Discover is still in progress and not complete. Defendant reserves the right to supplement his answer to this request after Plaintiff complies fully with Bill of Particulars. RESPONSE TO SPECIAL INTERROGATORY NUMBER 6: Q: Did you use THE CREDIT ACCOUNT A: DENIED RESPONSE TO SPECIAL INTERROGATORY NUMBER 7: Q: Is $2,399.22, the amount set forth in the complaint in this case as the sum owed as of May 10, 2017, your balance due as of that date on THE CREDIT ACCOUNT? A: Defendant further Objects to Plaintiff’s reference to "your balance due" as it calls for legal conclusion. Defendant has denied liability for the alleged "account. and Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt. Defendant further objects to Plaintiff’s use of the word “account” on the ground that it is vague and ambiguous in the context of this litigation in that the complaint does not attach any agreement relating to any alleged account such that Defendant can respond. For that, reason Defendant has asked plaintiff to respond to a Bill of Particulars setting forth the “agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that agreement, all credits that were made to the alleged account, the price or charge for each item, materials or goods supplied or another consideration rendered, and all alleged payments or credits that have been made to the account. Plaintiff has not provided the complete alleged account Without such information, Defendant is unable to provide the information sought in this request. However, Discover is still in progress and not complete. Defendant reserves the right to supplement his answer to this request after Plaintiff complies fully with Bill of Particulars. RESPONSE TO SPECIAL INTERROGATORY NUMBER 8: Q: If you do not agree that $2,399.22, the amount set forth in the complaint in this case as the sum owed, is your balance due as of MAY 10, 2017 on THE CREDIT ACCOUNT, state all facts upon which you base your denial that the sum $2,399.22 is your balance due as of MAY 10, 2017 on THE CREDIT ACCOUNT. A: Defendant objects to Plaintiff’s use of the word “account” on the ground that it is vague and ambiguous in the context of this litigation in that the complaint does not attach any agreement relating to any alleged account such that Defendant can respond. For that, reason Defendant has asked plaintiff to respond to a Bill of Particulars setting forth the “agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that agreement, all credits that were made to the alleged account, the price or charge for each item, materials or goods supplied or another consideration rendered, and all alleged payments or credits that have been made to the account. Plaintiff has not provided the complete alleged account Without such information, Defendant is unable to provide the information sought in this request. However, Discover is still in progress and not complete. Defendant reserves the right to supplement his answer to this request after Plaintiff complies fully with Bill of Particulars. RESPONSE TO SPECIAL INTERROGATORY NUMBER 9: Q: Did you ever report to SYNCHRONY BANK (for the purpose of the interrogatories, SYNCHRONY BANK shall mean and refer to PORTFOLIO RECOVERY ASSOCIATES< LLC, and/or its predecessor, SYNCHRONY BANK, and/or any collection agent or agency purporting to represent Portfolio Recovery Associates, LLC or SYNCHRONY BANK, as to this account) that the credit for THE CREDIT ACCOUNT was lost or stolen? A: Defendant objects to Plaintiff’s use of the word “account” on the ground that it is vague and ambiguous in the context of this litigation in that the complaint does not attach any agreement relating to any alleged account such that Defendant can respond. For that, reason Defendant has asked plaintiff to respond to a Bill of Particulars setting forth the “agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that agreement, all credits that were made to the alleged account, the price or charge for each item, materials or goods supplied or another consideration rendered, and all alleged payments or credits that have been made to the account. Plaintiff has not provided the complete alleged account Without such information, Defendant is unable to provide the information sought in this request. However, Discover is still in progress and not complete. Defendant reserves the right to supplement his answer to this request after Plaintiff complies fully with Bill of Particulars. RESPONSE TO SPECIAL INTERROGATORY NUMBER 10: Q: Did you ever report in writing to SYNCHRONY BANK or Portfolio Recovery ASSOCIATES, LLC that there was any problem with THE CREDIT ACCOUNT, which problem remains unsolved? A: Defendant objects to Plaintiff’s use of the word “account” on the ground that it is vague and ambiguous in the context of this litigation in that the complaint does not attach any agreement relating to any alleged account such that Defendant can respond. For that, reason Defendant has asked plaintiff to respond to a Bill of Particulars setting forth the “agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that agreement, all credits that were made to the alleged account, the price or charge for each item, materials or goods supplied or another consideration rendered, and all alleged payments or credits that have been made to the account. Plaintiff has not provided the complete alleged account Without such information, Defendant is unable to provide the information sought in this request. However, Discover is still in progress and not complete. Defendant reserves the right to supplement his answer to this request after Plaintiff complies fully with Bill of Particulars. RESPONSE TO SPECIAL INTERROGATORY NUMBER 11: Q: Did you receive periodic statements from SYNCHRONY BANK regarding THE CREDIT ACCOUNT? A: Denied. RESPONSE TO SPECIAL INTERROGATORY NUMBER 12: Q: State the approximate date of your last payment to SYNCHRONY BANK on THE CREDIT ACCOUNT. A: Defendant further Objects to Plaintiff’s reference to "your last payment" as it calls for legal conclusion. Defendant has denied liability for the alleged "account. and Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt. Defendant further objects to Plaintiff’s use of the word “account” on the ground that it is vague and ambiguous in the context of this litigation in that the complaint does not attach any agreement relating to any alleged account such that Defendant can respond. For that, reason Defendant has asked plaintiff to respond to a Bill of Particulars setting forth the “agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that agreement, all credits that were made to the alleged account, the price or charge for each item, materials or goods supplied or another consideration rendered, and all alleged payments or credits that have been made to the account. Plaintiff has not provided the complete alleged account Without such information, Defendant is unable to provide the information sought in this request. However, Discover is still in progress and not complete. Defendant reserves the right to supplement his answer to this request after Plaintiff complies fully with Bill of Particulars. RESPONSE TO SPECIAL INTERROGATORY NUMBER 13: Q: Have you ever corresponded with SYNCHRONY BANK in writing regarding THE CREDIT ACCOUNT? A: Denied RESPONSE TO SPECIAL INTERROGATORY NUMBER 14: Q: Have you ever corresponded with Portfolio Recovery Associates, LLC in writing regarding THE CREDIT ACCOUNT? A: Denied RESPONSE TO SPECIAL INTERROGATORY NUMBER 15: Q: State all facts which you base your denial of the complaint in this action. A: OBJECTION: calls for legal impression of Counsel. Investigation and discovery are ongoing an not complete Defendant answered Plaintiff’s baseless complaint with a General Denial. Based on the foregoing, Defendant DENIES. Defendant reserves the right to supplement this response at a later time. RESPONSE TO SPECIAL INTERROGATORY NUMBER 16: Q: State all facts upon which you base each affirmative defense to the complaint in this action. A: OBJECTION: calls for legal impression of Counsel. Investigation and discovery are ongoing an not complete Defendant answered Plaintiff’s baseless complaint with valid affirmative Defenses. Based on the foregoing, Defendant DENIES. Defendant reserves the right to supplement this response at a later time.
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  6. suggested responses. i would give a couple of day for calawyer to review before sending REQUEST FOR ADMISSION NUMBER 1: xxxxxxx had a credit account number xxxxxxx. RESPONSE: Defendant objects on the grounds that the request is vague in that the account at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff, objected and has not provided the complete “account.” Without waiving foregoing Objection, Defendant states that after a reasonable inquiry the information known or readily available by her is insufficient to accurately respond to this request. Based on the forgoing, Defendant responds as follows: DENIED. However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answers to this request after Plaintiff complies in full with the Bill of Particulars. REQUEST FOR ADMISSION NUMBER 2: Credit account number bxxxxxxxxx was issued to vvvvvvvvv by SYNCHRONY BANK. RESPONSE: Defendant objects on the grounds that this request is vague in that the account the identity of the account at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff, objected and has not provided the complete “account.” Without waiving foregoing Objection, Defendant states that after a reasonable inquiry the information known or readily available by her is insufficient to accurately respond to this request. Based on the forgoing, Defendant responds as follows: DENIED. However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answers to this request after Plaintiff complies in full with the Bill of Particulars. REQUEST FOR ADMISSION NUMBER 3: lololool received periodic statements regarding credit account number xxxxxxxxx issued by SYNCHRONY BANK. RESPONSE: Defendant objects on the grounds that this request is vague in that the account the identity of the account at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff, objected and has not provided the complete “account.” Without waiving foregoing Objection, Defendant states that after a reasonable inquiry the information known or readily available by her is insufficient to accurately respond to this request. Based on the forgoing, Defendant responds as follows: DENIED. However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answers to this request after Plaintiff complies in full with the Bill of Particulars. REQUEST FOR ADMISSION NUMBER 4: As of on or about May 10, 2017 the balance owed by lolololo on credit account number xxxxxxxxxxx was $2, 399.22. RESPONSE: Defendant objects on the grounds that this request is vague in that the account the identity of the account at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff, objected and has not provided the complete “account.” Without waiving foregoing Objection, Defendant states that after a reasonable inquiry the information known or readily available by her is insufficient to accurately respond to this request. Based on the forgoing, Defendant responds as follows: DENIED. However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answers to this request after Plaintiff complies in full with the Bill of Particulars. REQUEST FOR ADMISSION NUMBER 5: xxxxxxxxxxxx has not made any payments on credit account xxxxxxxxx since May 10, RESPONSE: Defendant objects on the grounds that this request is vague in that the account the identity of the account at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff, objected and has not provided the complete “account.” Without waiving foregoing Objection, Defendant states that after a reasonable inquiry the information known or readily available by her is insufficient to accurately respond to this request. Based on the forgoing, Defendant responds as follows: DENIED. However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answers to this request after Plaintiff complies in full with the Bill of Particulars. REQUEST FOR ADMISSION NUMBER 6: xxxxxxxxxxxxx submitted a payment towards the outstanding debt on credit account number xxxxxxxxxx within the 4 years immediately prior to May 10, 2017. RESPONSE: Defendant objects on the grounds that this request is vague in that the account the identity of the account at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account.Plaintiff, objected and has not provided the complete “account.” Without waiving foregoing Objection, Defendant states that after a reasonable inquiry the information known or readily available by her is insufficient to accurately respond to this request. Based on the forgoing, Defendant responds as follows: DENIED. However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answers to this request after Plaintiff complies in full with the Bill of Particulars. REQUEST FOR ADMISSION NUMBER 7: Portfolio Recovery Associates, LLC was assigned account number xxxxxxxxxxxx. RESPONSE: Defendant further Objects to Plaintiff’s reference to "Portfolio Recovery Associates, LLC was assigned account Number" as it calls for legal conclusion. Defendant has denied liability for the alleged "account. and Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt. Defendant Further objects on the grounds that this request is vague in that the account the identity of the account at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff, objected and has not provided the complete “account.” Without waiving foregoing Objection, Defendant states that after a reasonable inquiry the information known or readily available by her is insufficient to accurately respond to this request. Based on the forgoing, Defendant responds as follows: DENIED. However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answers to this request after Plaintiff complies in full with the Bill of Particulars. REQUEST FOR ADMISSION NUMBER 8: Portfolio Recovery Associates, LLC is the current owner, including all right, title and interest in, account number xxxxxxxxxxxxxx. RESPONSE: Defendant further Objects to Plaintiff’s reference to "Portfolio Recovery Associates, LLC is now the current ownerr" as it calls for legal conclusion. Defendant has denied liability for the alleged "account. and Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt. Defendant Further objects on the grounds that this request is vague in that the account the identity of the account at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint, all the charges that were allegedly made pursuant to that “agreement”, all credits, that were made to the “account”, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff, objected and has not provided the complete “account.” Without waiving foregoing Objection, Defendant states that after a reasonable inquiry the information known or readily available by her is insufficient to accurately respond to this request. Based on the forgoing, Defendant responds as follows: DENIED. However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answers to this request after Plaintiff complies in full with the Bill of Particulars. REQUEST FOR ADMISSION NUMBER 9: lololololo received through the U.S. mail a pre-legal notification from Portfolio Recovery Associates, LLC regarding credit account number xxxxxxxxxx. RESPONSE: After reasonable inquiry the information known or readily obtainable by Defendant is insufficient to accurately respond to this request. Based upon the foregoing, Defendant responds as follows: DENIED.
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  7. REQUEST FOR ADMISSION NUMBER 1: xxxxxxx had a credit account number xxxxxxx. RESPONSE: Defendant objects to this Request For Admission on the ground that after reasonable inquiry the information known or readily obtainable by her is insufficient to accurately respond to this request. Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt and any agreement giving rise to the alleged debt and Plaintiff has not yet responded to Defendant's discovery seeking such factual information. Based upon the foregoing, Defendant responds as follows: DENIED. REQUEST FOR ADMISSION NUMBER 2: Credit account number bxxxxxxxxx was issued to vvvvvvvvv by SYNCHRONY BANK. RESPONSE: Defendant objects to this Request For Admission on the ground that after reasonable inquiry the information known or readily obtainable by her is insufficient to accurately respond to this request. Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt and any agreement giving rise to the alleged debt and Plaintiff has not yet responded to Defendant's discovery seeking such factual information. Based upon the foregoing, Defendant responds as follows: DENIED. REQUEST FOR ADMISSION NUMBER 3: lololool received periodic statements regarding credit account number xxxxxxxxx issued by SYNCHRONY BANK. RESPONSE: Defendant objects to this Request For Admission on the ground that after reasonable inquiry the information known or readily obtainable by her is insufficient to accurately respond to this request. Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt and any agreement giving rise to the alleged debt and Plaintiff has not yet responded to Defendant's discovery seeking such factual information. Based upon the foregoing, Defendant responds as follows: DENIED. REQUEST FOR ADMISSION NUMBER 4: As of on or about May 10, 2017 the balance owed by lolololo on credit account number xxxxxxxxxxx was $2, 399.22. RESPONSE: Defendant objects to this Request For Admission on the ground that after reasonable inquiry the information known or readily obtainable by her is insufficient to accurately respond to this request. Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt and any agreement giving rise to the alleged debt and Plaintiff has not yet responded to Defendant's discovery seeking such factual information. Based upon the foregoing, Defendant responds as follows: DENIED. REQUEST FOR ADMISSION NUMBER 5: xxxxxxxxxxxx has not made any payments on credit account xxxxxxxxx since May 10, RESPONSE: Defendant objects to this Request For Admission on the ground that after reasonable inquiry the information known or readily obtainable by her is insufficient to accurately respond to this request. Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt and any agreement giving rise to the alleged debt and Plaintiff has not yet responded to Defendant's discovery seeking such factual information. Based upon the foregoing, Defendant responds as follows: DENIED. REQUEST FOR ADMISSION NUMBER 6: xxxxxxxxxxxxx submitted a payment towards the outstanding debt on credit account number xxxxxxxxxx within the 4 years immediately prior to May 10, 2017. RESPONSE: Defendant objects to this Request For Admission on the ground that after reasonable inquiry the information known or readily obtainable by her is insufficient to accurately respond to this request. Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt and any agreement giving rise to the alleged debt and Plaintiff has not yet responded to Defendant's discovery seeking such factual information. Based upon the foregoing, Defendant responds as follows: DENIED. REQUEST FOR ADMISSION NUMBER 7: Portfolio Recovery Associates, LLC was assigned account number xxxxxxxxxxxx. RESPONSE: Defendant objects to this Request For Admission on the ground that after reasonable inquiry the information known or readily obtainable by her is insufficient to accurately respond to this request. Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt and any agreement giving rise to the alleged debt and Plaintiff has not yet responded to Defendant's discovery seeking such factual information. Based upon the foregoing, Defendant responds as follows: DENIED. REQUEST FOR ADMISSION NUMBER 8: Portfolio Recovery Associates, LLC is the current owner, including all right, title and interest in, account number xxxxxxxxxxxxxx. RESPONSE: Defendant objects to this Request For Admission on the ground that after reasonable inquiry the information known or readily obtainable by her is insufficient to accurately respond to this request. Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt and any agreement giving rise to the alleged debt and Plaintiff has not yet responded to Defendant's discovery seeking such factual information. Based upon the foregoing, Defendant responds as follows: DENIED. REQUEST FOR ADMISSION NUMBER 9: lololololo received through the U.S. mail a pre-legal notification from Portfolio Recovery Associates, LLC regarding credit account number xxxxxxxxxx. RESPONSE: Defendant objects to this Request For Admission on the ground that after reasonable inquiry the information known or readily obtainable by her is insufficient to accurately respond to this request. Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt and any agreement giving rise to the alleged debt and Plaintiff has not yet responded to Defendant's discovery seeking such factual information. Based upon the foregoing, Defendant responds as follows: DENIED. my responses are due on August 23rd, can i still serve the Plaintiff with Discovery today or monday and still state on my responses that due to the lack of information obtain from Discovery I deny all. I know I;m Very late, I had an issue and had to travel overseas for 2 weeks:( Thanks!!!
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  8. Demand for Production of Documents to Defendant: 1 .to Plaintiff Portfolio Recovery Associates, LLC or to SYNCHRONY BANK and/or to any collection agent or agency purporting to act on behalf of Portfolio Recovery Associates, LLC or SYNCHRONY BANK within the past 5 years regarding any problem with your former SYNCHRONY BANK credit account number XXXXXXXXXXXX All correspondence, whether original or copies, sent by you Defendant objects to this Request on the ground that the phrase "account" is vague and ambiguous in that the complaint does not attach any agreement relating to an alleged account such that defendant can respond. Defendant has propounded discovery upon plaintiff seeking, among other things, the identity of this alleged account and production of any agreement but plaintiff has not yet responded. Defendant reserves the right to supplement this response should such information become available. Answer: All correspondence, whether original or copies, sent to you by Plaintiff Portfolio Recovery Associates, LLC or by SYNCHRONY BANK and/or to any collection agent or agency purporting to act on behalf of Portfolio Recovery Associates, LLC or SYNCHRONY BANK within the past 5 years regarding any problem with your former SYNCHRONY BANK credit account number XXXXXXXXX. Answer: All correspondence, whether original or copies, sent by you to Plaintiff Portfolio Recovery Associates, LLC or to SYNCHRONY BANK and/or to any collection agent or agency purporting to act on behalf of Portfolio Recovery Associates, LLC or SYNCHRONY BANK within the past 5 years regarding any problems with your former SYNCHRONY BANK credit account number XXXXXXXXXX. Copies of each canceled check, money order receipt, bank account debit and other similar evidence of payment for the last payment made by you or which was made on your behalf on your former credit account number XXXXXXXXXXX with SYNCHRONY BANK. (If you cannot find a copy of the last payment, send a copy of the last payment you are able to locate). Answer: Defendant objects to this Request as overbroad to the extent it seeks payments on any account other than the account at issue in this litigation. Defendant also objects on the ground that the complaint does not identify any such account nor does it attach any agreement giving rise to the alleged account. Defendant has propounded discovery upon plaintiff seeking, among other things, the production of any such agreement and the identity of this alleged account, but plaintiff has not yet responded. Defendant reserves the right to supplement this response should such information become available. Any and all documents supporting the affirmative defense alleged by you in this action. Answer: Defendant objects to this Request on the ground that the complaint does not identify the account at issue sufficiently for defendant to respond nor does it attach any agreement giving rise to the alleged account. Defendant has propounded discovery upon plaintiff seeking, among other things, the production of any such agreement and the identity of this alleged account, but plaintiff has not yet responded. Until plaintiff responds, defendant is unable to identify specific documents that would support her affirmative defenses. Defendant reserves the right to supplement this response should such information become available. Any and all documents supporting any and all of your general or specific denials of Portfolio Recovery Associates, LLC allegations in this section. Answer: Defendant objects to this Request on the ground that the phrase "account" is vague and ambiguous in that the complaint does not attach any agreement relating to an alleged account such that defendant can respond. Defendant has propounded discovery upon plaintiff seeking, among other things, the identity of this alleged account and production of any agreement but plaintiff has not yet responded. Defendant reserves the right to supplement this response should such information become available. on the bottom of the DPDD it states Plaintiff demands that the above-listed items be produced on August 23, 2017, at 10:00am at the law office of H&H. That means I have to send them before the 23rd???...I will not be done with the Interrogatories till Monday, would that be too late???? I think i'm really late for Discovery,right??? Can I state on my answers from DPDD that I need the additional info which will be provided by the Discovery (if its not too late).. Please let me know what answers need to be changed and about Discovery!!! Thanks
    1 point
  9. Reposting due to error with board: calawyer said: I get signed proofs of service from big law firms every day. Only once have I had a judge comment (however, in fairness, there is seldom a reason why a judge would look at a proof of service on routine pleadings). However, the procedure RyanEx suggests is the correct one. And, in my opinion, if you are going to do something, you may as well do it right. For the OP: A somewhat long (for me) post I did on BOPs and motions to compel written discovery can be found here: http://www.creditinfocenter.com/community/topic/309078-motions-to-compel-bop-vs-written-discovery-in-cal/?do=findComment&comment=1115890#comment-1115890 One additional reason to send a BOP, even if you don't think you will move to compel, is that it gives you a nice objection when Plaintiff sends YOU a bunch of discovery. See, 1111girl's thread.
    1 point
  10. Reposting due to error with board: Patz said: For anyone being sued by Portfolio, be aware that in 2015 the CFPB settled with Portfolio for over $25 million for abusive collection practices. Read about it here: http://www.consumerfinance.gov/about-us/newsroom/cfpb-takes-action-against-the-two-largest-debt-buyers-for-using-deceptive-tactics-to-collect-bad-debts/ You should find something in the settlement that can help you in your case. For example, the settlement says Portfolio tries to collect on debts when the sales agreement with the debt seller makes it clear that the debtor records are NOT guaranteed to be accurate. CFPB said Portfolio can't collect on these debts that can't be verified. That would probably apply to any collector.
    1 point
  11. Here is the Word File as shown in image above. Example DemandBillParticulars for California Mod.doc
    1 point
  12. Hey, heres another Estoppel letter: [DATE] via facsimile (optional) [CREDITOR NAME AND ADDRESS] Re: [YOUR NAME], [ACCT NUMBER] To whom it may concern: The account listed above was settled in full directly with [CREDITOR'S NAME] on [sETTLEMENT DATE]. The agreement between me and your authorized staff member was as follows: Full payment in exchange for complete and permanent removal of all negative information added to my credit history in connection with this matter. Although more than thirty days have passed since settlement, the negative information added to my credit history has still not been removed, but has actually been worsened by having the item updated as a "Paid Collection". This has caused immense damage to my reputation and credit history, will cost me thousands of extra dollars in sub-prime interest rates if I should choose to apply for credit in the future or might actually prevent me from acquiring credit in the future. Because I fulfilled my portion of the agreement (payment in FULL) based on [CREDITOR'S NAME]'s authorized staff member's commitment to completely and permanently remove all negative information added to my credit history, [CREDITOR'S NAME]'s failure to fulfill its portion of the agreement is a clear violation of the Doctrine of Estoppel. The Doctrine of Estoppel applies to any situation where the first party ([CREDITOR'S NAME]) makes a statement or engages in some conduct upon which the second party (me) relies or acts. The first party ([CREDITOR'S NAME]) is subsequently prevented (estopped) from acting in a manner contrary to his first words or actions. As one American legal encyclopedia describes it, estoppel means "one who by his deed or conduct has induced another to act in a particular manner will not be permitted to adopt an inconsistent position, attitude or course of conduct and thereby cause loss or injury to such other". As I stated earlier, [CREDITOR'S NAME]'s refusal to honor the agreement made between me and its authorized staff member on [sETTLEMENT DATE] has caused immense damage to my reputation and credit history, will cost me thousands of extra dollars in sub-prime interest rates if I should choose to apply for credit in the future or might actually prevent me from acquiring credit in the future. Beyond the issue of the Doctrine of Estoppel, the Fair Debt Collections Practices Act prohibits [CREDITOR'S NAME] from making any false or misleading statements in an effort to collect payment. I realize that [CREDITOR'S NAME]'s employees may be inexperienced or unfamiliar with the law. However, regardless of how uninformed they might be, [CREDITOR'S NAME]'s employees are its representatives and their words and actions are binding on the part of [CREDITOR'S NAME]. This is a serious matter. [CREDITOR'S NAME] must fulfill its portion of the agreement made on [sETTLEMENT DATE] within fifteen (15) days of its receipt of this notice by completely and permanently removing all negative information added to my credit history in connection with this account. If [CREDITOR'S NAME] does not effect cure on this matter within fifteen (15) days of its receipt of this notice, I will be forced to pursue legal remedy. If you are unfamiliar with the Doctrine of Estoppel and the Fair Debt Collections Practices Act or the legal remedies afforded to those who are negatively impacted by another party's violation of the Doctrine of Estoppel and the Fair Debt Collections Practices Act, you should refer this notice to a competent member of your legal staff, as this is a matter that you are not equipped to handle. An amicable resolution is still possible, but only if you act quickly. Sincerely, [YOUR NAME] This notice is not an admission of liability, a renewed promise to pay, or a refusal to pay. This notice should not be construed as authorization or permission to request my credit history or add any inquiry to my credit report. Any communication regarding this matter, or any other matter, should be conducted solely by mail or fax and only at the address and fax number shown above.
    1 point
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