Jackie1989

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About Jackie1989

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  1. I do not deny, I had many accounts with BofA and made payments on them for years. This is for an amended and restated loan agreement. I do not believe I agreed to this. Money was withdrawn from my account for years so if this agreement went into affect, I would not of necessarily have known a difference, unless they were taking a substantial amount more. I do not know if they have an original signed copy. I suspect not because , again, I do not recall agreeing to this. And with regards to my dealing with this situation, I handled it poorly. There were times when I did go into branch to get information and left with no resolution. I felt, if I pursued it too aggressively, they would demand complete payment of account and could not afford to pay complete amount. It was around this time that they were reigning in all accounts that they had received from the acquisition of Fleet Bank. These loans and lines of credit did't fit into their business model. That is probably for this account as the amount seems to be about the amount I had with one of the accounts (had one for 45k one for 30k and one for 15k). And they were never "nervously" waiting and in fact they could not of cared less. Even when I called them over the years. I was like the stepchild😊. Now this debt buyer comes along and I would like them to show me the goods. I realize that I may easily flop on my face but, I am going to give a go. Thanks again Lane!
  2. i am wondering, if I can motion to strike affidavit as hearsay or do I need to object to MSJ or both?
  3. I am going to file an object, or at the very least an extension to file an objection, to MSJ next week. I am obviously out of my league and will probably get chopped and diced but, I am going to give it a go. I am hoping to prepare something that is not laughable by the courts. I truly appreciate the insight!!
  4. Yes, very much so. I had a few accounts with this bank. On one of the loans they wanted to add a maturity date. This was a loan that originated with another bank they took over. They actually took over a couple of loans. This contract is suspect, not only because of the spelling of my last name but, because I can not make out signature. I don't trust that someone at bank didn't copy it. There was a time when they stopped sending statements and the spreadsheet, if correct, is an indication to me ,showing no payments from April 2012 to July 2013, of probably when the statements stopped. I had a lot going on for a few years and never paid attention to details. Money was withdrawn from my business checking account and I didn't give it much thought. Every so often double payments were withdrawn and I would sometimes only notice because of a returned payment. Any time I called, I would get bounced from department to department. From commercial to personal, then sometimes I would get the "special" department which would have some information and could correct issues with my account being overdrawn but, they couldn't send me anything in writing. I always felt threatened that they would want account paid in full and kept quiet in order to not rock the boat.
  5. This is why I love this forum. It has helped me tremendously get a better understanding!
  6. great, I understand. I have actually gone through all of this stuff a few times and each time, something catches my eye. Thanks again.
  7. Business records: the affidavit does not mention business records at all. and according to connecticut law 52-180 there is an exception to the business records hearsay rule. the records must be created in the ordinary course of business interest: good to know. so since they bought the alleged debt. they can, even though original creditor did not, charge the default rate on the principle for dates before they owned it. Guess I better take that out of my objection 🙂 also no asset schedule. what about the referencing the "original loan documents" in that the interest rate would continue to be at "the original loan documents" rate until April 28? Is this really grasping? Should they be required to present original loan documents? the "agreement" states that the "bank" has all the "original loan documents"? Thanks Lane!
  8. I have read a lot about " records in the normal course of business". I noticed in my case, the affiant makes no mention of this. Is it because it's a contract and not a credit card case?
  9. Lane You are right about asset schedule. I didn't notice that it mentioned it in bill of sale. How about their "account damages" the interest rates? They are much higher than spreadsheets and they did not purchase debt until September 2018 and yet they are seeking a higher interest rate than what bank was seeking at this period. According to spreadsheet.
  10. BV80 I think I can take the MSJ down Just looking to go in the right direction.
  11. It is nortj Carolina but, I don't think that will work here in Connecticut
  12. Hi I am wondering, do I object to their MSJ or motion to strike affidavit? No asset schedule (although affidavit doesn't mention one) Interest rates are contradicted by their own exhibits One other thing I noticed. On the contract they filed, under interest rates, it states that starting April 28 (which is 15 days after the contract went into effect) the interest rate would be 6.25% but, would rain the same as original loan document until that date. Petty I know but. Should they have to show original loan document that is referenced? Finally, the affidavit states under "account damages" that the spreadsheet (exhibit d) shows all payments and that "plaintiff has not received any payments not reflected in the exhibit" They are saying that from April 2012 to July 2013 no payments were made? Thanks for taking the time to reply!
  13. I have a debt collection case going and have a thread for it but, I think I may have asked too much at once🙂. Anyways, plaintiff filed MSJ a few days ago and I am wondering about striking their affidavit or objecting to their MSJ. The affidavit, which contains a spreadsheet and a page noting Account Damages contradict each other. They show different interest rates. I think this plaintiff will continue on if I am able to knock this down and would not like to "show my hand" until trial. Any help appreciated!
  14. no asset schedule. i have no records but, the account history they are showing obviously had to be paid for the year previous to July 2013 or it would have been in court long ago. I no longer have any business with Bank of America - its been 3-4 years-. I am going to look and see for old bank statements and any loan statements they may have sent. I remember receiving late fee notices as well. Just need to locate and see if it is for this account.