mel-o

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About mel-o

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  1. The Chase BOS doesn't reference me, but it does state "of debt described in Exhibit 1 attached" but there is no Exhibit 1, there's just a generic print out of my information. Midland's Assignment/BOS does the same thing - "to the accounts identified in the Account Schedule) but the item attached is the exact same item (generic print out of my info) that is attached to Chase's BOS. Midland's Affidavit makes no reference to "true and correct copies", only "Examination of the records, maintained in the ordinary course of business by Assignor (as delivered by OC) reflect amount $XXXX and account # XXXXX, Obligor (my name) and the following account information is true and correct: This account was sold on XXXX by Midland to Cach with full power and authority to do and perform all acts necessary for the collection, settlement, adjustment, compromise or satisfaction of the account. Then they go on to say they acknowledge Cach as the new owner with full authority. Cach's affidavit states that if any exhibits have been attached, they are true and accurate copies which were kept in the ordinary course of business and reflect Defendant's obligation to pay. ------ So some questions: If I were to "attack" any Affidavit, do I do that now with my affirmative defenses? Can Cach know that these are "true and original copies" if the affidavit from Midland didn't say that? If the BOS from Chase doesn't specifically reference this account, and the attached is just a generic printout (not references as Exhibit 1), do I make mention of that now? Thanks for all your help! You guys rock
  2. This is a new summons. I haven't posted about it before. 1. Who is suing you? Cach 2. For how much? $7K 3. Who is the original creditor? WAMU then Chase 4. How do you know you are being sued? sheriff delivered 5. What was your correspondence (if any) with the people suing you before you think you were being sued? none 7. Where do you live? NC 8. When is the last time you paid on this account? don't know 9. What is the status of your case? serve a copy of my written answer to summons within 30 days 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 11. Did you request debt validation before the suit was filed? no 12. Does your summons require a response in writing? yes 13. Did you receive an interrogatory (questionnaire) regarding the lawsuit? no 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? Exhibit A - copies of statements from WAMU and Chase Exhibit B - Bill of Sale from Chase to Midland. Assignment from Midland to Cach. Affidavit from Midland with account details. Exhibit C - Affidavit from Cach with account details There are 14 complaints listed.
  3. I received another summons. Attached is a Bill of Sale from OC to MidLand funding. Number of accounts, total balance, premium, due seller and other information is blacked out. It doesn't reference the alleged account that I'm being sued for at all. Attached to it is a print out that just has an acct#, my name, ss#, and some other misc info but there's no signature on that page. It could have been printed separately from the Bill of Sale. Then I have an Assignment & Bill of Sale between Midland to Cach (the Plaintiff). Again, on this there is no specific mention of the alleged account only a second page attached with the same info in the first Bill of Sale. Then there's an Affidavit attached also from an employee of Midland stating they have examined the records and they reflect X amount, and is due and payable by Obligor for Account #.... It states the account was sold by Midland to Cach with power and authority to do and perform all acts necessary for the collection of the account. Then it's signed and notarized. After that there's an affidavit from Cach stating pretty much the same thing. I feel like they just attached everything they could to overwhelm me and it might be working. If the original BOS doesn't have any identify information, are any of the following assignments/affidavits even valid? Thanks for any help on this!
  4. Thanks Coltfan1972. I wanted to understand the defense a bit more to see if it was one I could use as an Affirmative Defense.
  5. Can "concealed material facts" be considered the actual documents pertaining to the legitimacy of the debt? I'm trying to understand this defense a little more: "Since a court will not grant a judgment or other legal relief to a party who has not acted fairly by having made false representations or concealing material facts from the other party Defendant maintains that equitable estoppel bar Plaintiff’s claims." Thanks for any help!
  6. thanks for the reply. No I have not received anything about a court date. The only thing I received was from the plaintiff's lawyer. They sent "First Set of Interrogatories to Defendant".
  7. I'm confusing myself on what I should be sending. I have filed my answer to the original summons and now I wanted to send out a Request for Production of Documents but I also want to send a Request for Admissions - do I send them together or separately? Any help would be great!
  8. Do those come after the answer and defenses? I'm confused by the difference between interrogatories and discovery? Thanks!
  9. Do you do your motion for discovery with your answers and defenses or separate?
  10. I have no evidence to prove it. Just some items that I've read about this lawyer and a gut instinct when I talked with them a few months ago on the phone. But I don't have anything that can prove it -- which of course doesn't help!
  11. I just pulled all three credit reports -- the one's I had were about 3 months old and the OC is still listing it as charged off and I don't see B&S (lawyer/collection agency) listed on it at all.
  12. it's a myth, really? I thought maybe it was possible, but I'm no expert clearly So, would my second and third defense hurt me?
  13. Thank you for your response. My credit report says that the account was charged off - it doesn't say that it was sold.
  14. 1. Who is suing you? - Bar clays Bank 2. For how much? - $4K 3. Who is the original creditor? - Bar clays Bank 4. How do you know you are being sued? - Sheriff delivered civil summons paper 5. How were you served? Were you served? - At home. Sheriff 6. What was your correspondence (if any) with the people suing you before you think you were being sued? - none 7. Where do you live? - NC 8. When is the last time you paid on this account? - 2009 9. What is the status of your case. - pending my answer 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) - 3 years 11. Did you request debt validation before the suit was filed? - no 12. Does your summons require a response in writing? - yes in writing within 30 days 13. What evidence did they send with the summons? An affidavit that was signed and notarized Copy of a CC bill from Aug '10 14. What is the SOL on the debt? - 3 years ------------------------------------------- So I have been reading and researching for the past two weeks and have finally put together an "answer" and I have a few questions. 1. I really do not believe that the OC is the plaintiff. It says that they are on the Complaint/Summons but I have my doubts about the validity of that. Can I include as my Defenses: *Name of Plaintiff's Attorney* has not proven that Barclays Bank Delaware is the real party in interest. Defendant demands proof of ownership specifically that the alleged account is still the legal property of Barclays Bank Delaware with all of the alleged original creditor’s rights and privileges intact. 2. The Complaint/Summons is in my maiden name. Do I need to address this somewhere and if so, what/how do I do that? ------------------------------------------- Here is what I have so far: STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION COUNTY OF XXXXXXXX Civil Action No. XXXXXXXX Barclays Bank Delaware Plaintiff Vs. XXXXXXXX Defendant ANSWER OF THE DEFENDANT Defendant, appearing pro se, for its reply to the Complaint naming Barclays Bank Delaware plaintiff as follows: All answers correspond to the numbered paragraphs of the Complaint. All allegations of the Complaint are denied unless expressly admitted herein. ANSWERS 1. In response to paragraph #1, Defendant is at this time without sufficient knowledge to form a belief. 2. In response to paragraph #2, Defendant admits. 3. In response to paragraph #3, Defendant denies. 4. In response to paragraph #4, Defendant denies. DEFENSES As and for a First Defense *Plaintiff's Lawyer* has not proven that Barclays Bank Delaware is the real party in interest. Defendant demands proof of ownership specifically that the alleged account is still the legal property of Barclays Bank Delaware with all of the alleged original creditor’s rights and privileges intact. As and for a Second Defense *Plaintiff's Lawyer* has not proven that they were retained by Barclays Bank Delaware as its representative in this matter. As and for a Third Defense Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted. As and for a Fourth Defense Plaintiff has failed to provide sufficient proof of the alleged debt in order to meet the burden of proof. As and for a Fifth 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. As and for an Sixth Defense Defendant alleges that Plaintiff or the person or entity that assigned the alleged claim to the Plaintiff is not entitled to reimbursement of attorneys' fees because the alleged contract did not include such a provision, and there is no law that otherwise allows them. As and for a Seventh Defense Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date. WHEREFORE, the Defendant prays unto the Court as follows: 1. That the action on the Complaint be dismissed with prejudice. 2. That the Plaintiff be taxed with all costs of this action. 3. That the Defendant be granted such other and further relief as the Court may be deem just and proper. This the _______ day of May, 2011. ------------------------------------------- Thank you so much for your time and assistance!