Great Lakes

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  1. I believe there is a sticky note that indicates what information you need to provide for this forum so others may assist you better. Check out the top of the "Is there a lawyer in the house" section for the sticky.
  2. I have read some information about how to get your credit score higher using credit cards. If your desire is to increase your credit score with credit cards alone, you can only go so far (Mind you there are other ways). Keeping your credit balances at 30% of your total credit available and making on time payments is the key. Paying off your balances is almost as destructive as maxing out your credit cards. Creditors want to see history which means that you have to make payments on time and run a 30% balance of total available credit. This is how you make good credit history and/or improve your score. Keeping your balances at 30% of total available credit on 3 or 4 credit cards only, show that you can maintain a balance, but are not in a rut, aka 'revolving credit burden", which is a no no. Having more than 4 credit cards is usually a credit score killer.
  3. Thank you for being nit picky and pointing that out Big sister ...If I am not mistaken Ohio law states 6 years for verbal and open ended contracts. Using the verbal contract argument would be wrong considering it is a credit card, thus the open-ended contract argument is much better. I just read the Palisades Collection, LLC v. Hemm, 2009 case and the Defendant disputes a written contract every existed. Or rather a contract with her signature ever existed. Thus, the statute of limitations is 6 years on an implied contract.
  4. Ok thanks BV80, the reason I was asking is because they sent me 8 statements with the court summons or complaint rather. If I say no, I do not have any statements in my possession, I do not want to be considered a liar. Also, I noticed I did not use the time barred defense with my other defenses. I guess I will just send something to the court saying I am adding this time barred defense to my list of defenses?
  5. I have a question about the request for production of documents the Plaintiff sent me and hope someone can answer this question. In the Plaintiff's original complaint they sent about 8 copies of statements. When the plaintiff asks for me to produce copies of statements in my possession that were received from best buy or the plaintiff, do I just make copies of the statements the plaintiff sent me in the original complaint and attach it to the plaintiff's request for production of documents part of the discovery?
  6. good job Costa! I wish mine was that easy
  7. Yes getting posts up....I tried to pm Massive and was declined I guess being a member of the forum for over a year does not count What can I say...I am a man of few words...errr.....rather few posts.
  8. 10 things found in ... the living room 1. big screen TV 2. Couch 3. 4. 5. 6. 7. 8. 9. 10.
  9. Thank you massive I will be sure and use the SOL argument you sent. I am also going to use the Assignment of debt argument as well, considering the only thing Arrow sent me was a generic bill of sale along with 8 random statements. The bill of sale can be seen at the beginning of this post. Does anyone have a link to or copy of what an actual assignment of debt looks like? Thanks, Great Lakes.
  10. merrybucks KentWA Arrow did not provide a written contract with it's initial complaint that I have 28 days to answer. However, they may be able to provide it during the request for production of documents. If Arrow can, this inevitably kills the SOL argument when it goes to court. Wouldn't Arrow provide the original contract with the complaint if they had it in their possession? Do the 8 statements arrow provided in the complaint assume a written contract to the court? Massive Massive where did you get your SOL information for Ohio? I remember reading 15 years for written contracts as Merrybucks explained. I also remember something about 6 years for verbal contracts or something to that degree. If Arrow can not provide a written contract and 8 statements do not infer there once was a written contract, then would this fall under a verbal contract with a SOL of 6 years?
  11. 1. Who is suing you? Arrow financial llc atty's. original debt best buy/ge capital 2. For how much? $1713.68 3. Who is the original creditor? best buy/ge capital 4. How do you know you are being sued? I received a summons 5. How were you served? Were you served? USPS registered mail 6. What was your correspondence (if any) with the people suing you before you think you were being sued? A previous complaint that was dismissed. The a debt validation letter to arrow financial 6 months before this complaint 7. Where do you live? Ohio 8. When is the last time you paid on this account? 6/21/02 9. What is the status of your case? answer complaint 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes with credit bureaus, but no dice 11. Did you request debt validation before the suit was filed? Yes, after the first lawsuit was dismissed because plaintiff dropped the charges. I sent a debt validation 6 months ago and now they are suing a second time. 12. Does your summons require a response? (Look hard!) Yes within 28 days. Did you receive an interrogatory (questionnaire) regarding the lawsuit? no, discovery has not started yet. 13. What evidence did they send with the summons? An affidavit? A statement from the OC? Anything else they attached as exhibits? a) 8 statements on the account ranging between 2002-2004. One statement shows the final balance and another shows charge off account- principals with charge off account finance charges. A bill of sale. 14. What is the SOL on the debt? Unsure...21 years?
  12. Hello everyone, I had a case last year with Arrow Financial and with a lot of help from Nascar and this forum, the case was dismissed by Arrow's attorney. Arrow's in ability to produce documents proving ownership was there demise. The Sequel: Arrow is now suing me again for the same debt originally owned by Best Buy. This time however Arrow provided 8 months of statements, ranging from 8/02 to 7/04. The statements have my name and address, along with the final amount of $1713.68. Also, Arrow put into the complaint a "bill of sale". I am not sure though if this is an actual assignment of debt or something generic. The way the bill of sale is worded goes like this: ////////////////////////////////////////////////////////////////////////////// Exhibit A Bill of sale For value received and in further consideration of the mutual covenants and conditions set forth in the forward flow receivables purchase agreement ( the "purchase agreement'), dated as of August 26, 2003 by and between GE Capital Consumer Card Co. and Monogram Credit Card Bank of Georgia (collectively "seller") and Arrow Financial Services LLC ("buyer"), seller hereby transfers, sells, conveys, grants, and delivers buyer, its successors and assigns, without recourse except as set forth in the Purchase agreement, to the extent of its ownership, the receivables as set forth in the notification files (as defined in the purchase agreement), delivered by seller to buyer on each transfer date, and as further described in the purchase agreement. ge capital consumer card co by: signature XXXXXX Monogram credit card bank of georgia by: signature XXXXXX //////////////////////////////////////////////////////////////////////////////// Both signatures are identical on the bill of sale. Is this really an assignment of debt or not?
  13. as far as i know i have not said it was paid in full or in part here is the rest of my response to the complaint. 1.Defendant resides in, and all activities giving rise to the claims stated herein occurred in xyz county, Ohio. Plaintiff, Arrow Financial services LLC is the assignee of defendant’s GE MONEY BANK/best buy account. account # 00000 (‘account”) 1. In response to paragraph #1, the Defendant disputes the alleged debt, as solicited in paragraph #1 of the complaint. 2. Defendant owes Plaintiff the sum of one thousand seven hundred thirteen and 68/100 dollars ($1713.68) for money owed to plaintiff via defendant’s use of the account provided to defendant. 2. In response to paragraph #2, the Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 3. Defendant breached the account’s agreement by failing to make payment on the account as required. 3. In response to paragraph #3, the Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 4. As a result of said breach, defendant owes plaintiff the sum of one thousand seven hundred thirteen and 68/100 dollars ($1713.68), copies of which are attached hereto, and incorporated herein, as exhibit A 4. In response to paragraph #4, to the extent a response is required, defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 5. Plaintiff, or its agents, has made demand on defendant, but defendant has failed to comply with such demand. 5. In response to paragraph #5, to the extent a response is required, defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 6. Defendant, received benefit from said Account. 6. In response to paragraph #6, the Complaint states legal conclusions to which no response is necessary. However, to the extent that the Court may deem a response to be necessary, defendant denies the allegation and demands strict proof thereof. 7. Said account was not conferred gratuitously, defendant was expected to pay on said account and as a result defendant has been unjustly enriched, all in the sum of one thousand seven hundred thirteen and 68/100 dollars ($1713.68). 7. In response to paragraph #7, to the extent a response is required, defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.
  14. Hello all, I am answering interrogatories for my discovery and the plaintiff asks these 2 questions: 17. Set for the facts upon which you base your allegation Plaintiff's claims are barred due to accord and satisfaction. ANSWER: 18. If it is your claim Plaintiff's claims are barred due to payment, set forth the date and amount of each payment. ANSWER: I looked over all the documents submitted to the court and Plaintiff and could not find me alleging accord and satisfaction. Here is my response to the original complaint. 8. As and for a First Defense Plaintiff's Complaint violates the statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. the purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person. 9. As and for a Second Defense Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted. 10. As and for an Third Defense Defendant claims a Failure of Consideration as there has never been any exchange of any money or item of value between the plaintiff and the Defendant. 11. As and for a Fourth Defense Plaintiff's Complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration. 12. As and for a Fifth Defense Plaintiff's complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide. 13. As and for a Sixth Defense Plaintiff's Complaint fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant. 14. As and for a Seventh Defense Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment as the Plaintiff would receive more money than plaintiff is entitled to receive. 15. As and for an Eighth Defense Defendant invokes the Doctrine of Laches as the Plaintiff or the person or entity that assigned the claim to the Plaintiff waited too long to file this lawsuit, making it difficult or impossible for the Defendant to find witnesses or evidence, or that evidence necessary to provide for Defendant's defense has been lost or destroyed. 16. As and for a Ninth Defense Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date. Am I missing something in the defenses I used? Thanks, great lakes.