bk85

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bk85 last won the day on June 19 2018

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About bk85

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  1. Neither the (Bill of Sale) or (Certificate of Loan Sale) mention my name or account number. They make reference to a (Schedule 1). They are trying to insinuate ( Page 3 of Exhibit C) is a portion of the (Schedule 1) as described in the (Bill of Sale) and (Certificate of Loan Sale). They have refused to produce the complete (Schedule 1).
  2. They have not provided any affidavits. What i provided is all they are basing there case on.
  3. This Case is in Arbitration with Jams. The Arbitrator has decided to hear the case by submissions only. I was not given a choice. I have already admitted to having a loan with Webbank. I have challenged based on Lack of Standing as to the assignments of debt. Velocity's Motion for Summary DispositionVelocity Motion.pdf (Exhibit A) is loan agreement. Which is the actual agreement. (Exhibit B ) is the spreadsheet of the account. Looks Accurate The Date and title lines on the (Bill of Sale) look edited on the signed version in (Exhibit C) page one.Exhibit C.pdf My main concern is the (Certificate of Loan Sale) in (Exhibit C) page two, that was dated months after the (Bill of Sale). Also for the (Schedule 1) in (Exhibit C) on page three, which only consists of a one line document with only an account number. They had refused to produce the entire document. Under (Blank Exhibit)( Exhibit D) it is page 2 and page 16. I just wanted to give you all of (Exhibit D) that was submitted with the motion.Blank Exhibit.pdf They are also trying in Section 3 (Argument) paragraph 3 in the (Velocity Motion) to say that Avant, LLC had Attorney of Fact rights to Sign on Webbanks behalf. (No such agreement has been produced). In there actual motion they were trying to insinuate an example of such an agreement. Hence where this (Exhibit D) came from. As of right now i was sideswiped when the Arbitrator moved for submissions only. I was going to request to strike (Exhibit C) and have a hearing on that once they were submitted for the main hearing. Now i have to attack them in an opposition to their motion. I appreciate your insight into my case. Let me know what you think.
  4. Let me clarify, They had already produced an endorsed version when initiating the claim. (Bill of Sale signed by AVANT President)( Certificate of Loan Sale signed by Webbank VP- Finance) Then recently in there motion produced unendorsed versions of both. Why would the debt collector be in possession of the original unendorsed versions that previously were provided and were endorsed by the WEBBANK VP-Finance and AVANT President?
  5. They actual have produced non endorsed versions of the sales documents they submitted as evidence. (Bill of Sale, Certificate of Loan Sale) They match the endorsed copies and all someone at Velocity would have had to do is sign them. Are blank unendorsed sales documents standard business practice when selling debt?
  6. Velocity Investments Attorney submitted blank templates of the assignments as an exhibit in there motion. They are exact copies minus the signatures and dates. I think they were trying to give an example of a supposed agreement they never produced. Then accidentally attached everything. I personally think they F up. I'm thinking i should go the, "having the means to produce fake documents" route. Other than that the assignment don't mention myself or the account number.
  7. They did pay the initial filing fee. I am unsure if jams have sent the retainer bill yet. Our hearing is set for the 22nd of sept. To my understanding they are suppose to get hit with a second fee i thought by now.
  8. Any advice on fighting these assignments of debt in arbitration. Proper chain of title should be: Webbank -> Avant -> Velocity Investments LLC The certificate of loan sale document between webbank and avant is dated 90 days after the initial bill of sale from Avant to Velocity Investments. Velocity.pdf
  9. The most expensive one is all of those. Do i list them 1st,2nd,3rd, 4th? and strike the least favorable?
  10. I just received the strike list today. I guess they figured it wasn't going to work out at court on friday. So i assume they paid it. How does this whole strike list work. Do i strike the lowest wage one first or the highest?
  11. I just received an email today to myself and to the Jams person that the Plaintiff does not want to pay the filing fees. Jams requested 1750 and from them. How should i proceed?
  12. Just an update. An Attorney hired by the Attorney representing Velocity Investment appeared at pretrial. The Judge openly admitted that he has never sent a case to arbitration and didn't know how to proceed. I ended up walking out of there with a motion to stay. The judge agreeing to 60 days to file the arbitration. Velocity investment agreeing on the record to pay all arbitration fees including advancing the filing fee. Plus once the arbitration starts the Judge agreed to dismiss the case with prejudice. So to work i go on filing the arb.
  13. So i got this in response to my notice of arb election. I have not even filed a MTC yet. So my question is: Do i still have to file MTCA if we both agree to arb before Pretrial? Or should i have a Order ready for the judge to sign at pretrial to stay? Response attached. velocity response redacted.pdf
  14. Yes it is attach in the complaint and provided (velocityredacted.PF) above.
  15. Date of loan: June 16th, 2016 Date served: December 27th, 2019 Amount : $4275.00 Original creditor: Avant Webbank JDB: Velocity Investments LLC Law firm: Berndt & Associates P.C SOL: 6 years Looking for any help with this case. I have 21 days to file an answer. Any help would be greatly appreciated. I have included everything they provided me at time of service. Redacted ofcourse. Velocityredacted.pdf