Scooter500

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  1. I also have this questionare From CACH; 1. State all facts upon which YOU base YOUR contention that YOU owe nothing on II the ACCOUNT (for purposes ofthese Special Interrogatories, "YOU' and "YOUR" mean and II refer to me, your agents, attorneys, representatives or anyone acting on your 1 Case No. Case number Special Interrogatories 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 behalf, and "ACCOUNT" means the MBNA AMERICA, N.A. account number which is the subject ofthis lawsuit). IfYOU make no such contention, do not answer this interrogatory. 2. Describe each document that YOU believe supports YOUR contention that YOU owe nothing on the ACCOUNT. IfYOU make no such contention, do not answer this interrogatory. 3. State all facts upon which YOU base YOUR contention that YOU owe less than the amount prayed for in Plaintiff's Complaint on the ACCOUNT. If YOU make no such contention, do not answer this interrogatory. 4. Describe each document that YOU believe supports YOUR contention that YOU owe less than the amount prayed for in Plaintiff's Complaint on the ACCOUNT. IfYOU make no such contention, do not answer this interrogatory. 5. State each ofYOUR affirmative defenses. 6. State all facts upon which YOU base YOUR affirmative defense(s). 7. State each mailing address, if different from YOUR residence addresses, for the last ten years and dates that YOU received mail at each. 8. State all facts regarding payments made on the ACCOUNT. 9. Describe each document evidencing payments made on the ACCOUNT. 10. IfYOU have ever been married, state the name ofYOUR spouse(s). 11. State all details regarding the length ofYOUR marriage(s) (i.e., from what date
  2. nterrogatories; 1. Admit that ORIGINAL CREDITOR issued to YOU the ACCOUNT (for purposes ofthese Requests for Admissions, "ORIGINAL CREDITOR" means MBNA AMERICA, N.A., "YOU" and "YOUR" mean and refer to "me" your agents, attorneys, representatives or anyone acting on your behalf, and "ACCOUNT" means the Mbna America, N.A. account number # which is the subject ofthis lawsuit). 2. Admit that YOU used said ACCOUNT (e.g., for purchases and/or cash advances). 3.Admit that YOU and ORIGINAL CREDITOR entered into an agreement regarding the ACCOUNT. 4. Admit that YOU agreed to pay ORIGINAL CREDITOR and its successors and assigned all outstanding balances owed on the ACCOUNT. 5. Admit that ORIGINAL CREDITOR mailed monthly statements to YOU regarding II YOUR ACCOUNT. 6 Admit that you received a final statement on or around Date from II ORIGINAL CREDITOR with an outstanding balance of $00,000.00. 7. Admit that YOU never disputed, with any person or entity including the 8 ORIGINAL CREDITOR, the statement with an outstanding balance of $00000.00 9. Admit that YOU have not paid the outstanding balance on said ACCOUNT. 10. Admit that YOU owe the Plaintiff the amounts prayed for in the Complaint. 11. Admit that YOU have no facts which would vary the amounts owed to Plaintiff 12. Admit that YOU have no affirmative defenses against the Plaintiffs Complaint. Executed at Los Angeles, California on Date.
  3. Interrogatories; 1. Admit that ORIGINAL CREDITOR issued to YOU the ACCOUNT (for purposes ofthese Requests for Admissions, "ORIGINAL CREDITOR" means MBNA AMERICA, N.A., "YOU" and "YOUR" mean and refer to "me" your agents, attorneys, representatives or anyone acting on your behalf, and "ACCOUNT" means the Mbna America, N.A. account number # which is the subject ofthis lawsuit). 2. Admit that YOU used said ACCOUNT (e.g., for purchases and/or cash advances). 3.Admit that YOU and ORIGINAL CREDITOR entered into an agreement regarding the ACCOUNT. 4. Admit that YOU agreed to pay ORIGINAL CREDITOR and its successors and assigned all outstanding balances owed on the ACCOUNT. 5. Admit that ORIGINAL CREDITOR mailed monthly statements to YOU regarding II YOUR ACCOUNT. 6 Admit that you received a final statement on or around Date from II ORIGINAL CREDITOR with an outstanding balance of $00,000.00. 7. Admit that YOU never disputed, with any person or entity including the 8 ORIGINAL CREDITOR, the statement with an outstanding balance of $00000.00 9. Admit that YOU have not paid the outstanding balance on said ACCOUNT. 10. Admit that YOU owe the Plaintiff the amounts prayed for in the Complaint. 11. Admit that YOU have no facts which would vary the amounts owed to Plaintiff 12. Admit that YOU have no affirmative defenses against the Plaintiffs Complaint. Executed at Los Angeles, California on Date.
  4. I have this questionare From CACH; 1. State all facts upon which YOU base YOUR contention that YOU owe nothing on II the ACCOUNT (for purposes ofthese Special Interrogatories, "YOU' and "YOUR" mean and II refer to me, your agents, attorneys, representatives or anyone acting on your 1 Case No. Case number Special Interrogatories 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 behalf, and "ACCOUNT" means the MBNA AMERICA, N.A. account number which is the subject ofthis lawsuit). IfYOU make no such contention, do not answer this interrogatory. 2. Describe each document that YOU believe supports YOUR contention that YOU owe nothing on the ACCOUNT. IfYOU make no such contention, do not answer this interrogatory. 3. State all facts upon which YOU base YOUR contention that YOU owe less than the amount prayed for in Plaintiff's Complaint on the ACCOUNT. If YOU make no such contention, do not answer this interrogatory. 4. Describe each document that YOU believe supports YOUR contention that YOU owe less than the amount prayed for in Plaintiff's Complaint on the ACCOUNT. IfYOU make no such contention, do not answer this interrogatory. 5. State each ofYOUR affirmative defenses. 6. State all facts upon which YOU base YOUR affirmative defense(s). 7. State each mailing address, if different from YOUR residence addresses, for the last ten years and dates that YOU received mail at each. 8. State all facts regarding payments made on the ACCOUNT. 9. Describe each document evidencing payments made on the ACCOUNT. 10. IfYOU have ever been married, state the name ofYOUR spouse(s). 11. State all details regarding the length ofYOUR marriage(s) (i.e., from what date
  5. My 20 questions; 1. Who is the named plaintiff in the suit? CACH LLC Mandarich Laww group in CA. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Initally the case was handled by David Duvek law offices in San Diego, they later hired Mandarich in Los Angeles. 3. How much are you being sued for? over $10,000 son had cancer, tried to pay bills as often as we could. tried to keep up payments.. 4. Who is the original creditor? (if not the Plaintiff) Bank of America 5. How do you know you are being sued? (You were served, right?) Served at residence 6. How were you served? (Mail, In person, Notice on door) Served at residence in person. 7. Was the service legal as required by your state? Yes. Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? From day one we asked for valdiation, disputed. Initally the case was handled by David Duvek law offices in San Diego then we again disputed with Mandrich 9. What state and county do you live in? San Diego CA. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2011 Still inside limitations (under the 4 years). 11. What is the SOL on the debt? To find out: September this year. Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit filed, in discovery right now. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Disputed CACH LLC listing on credit report with Collection Agencies. Did not dispute with OC "Bank of America". 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. Yes twice, once with David Duvek law office, again when Mandarich took case over. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Already responded to suit, with denial. I have no contract with CACH at all.. Have until end of month to answer points they are claiming. recived interogatory. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Bill of Sale, Statement and a payment schedule
  6. My 20 questions; 1. Who is the named plaintiff in the suit? Me, rather not use my name. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Initally the case was handled by David Duvek law offices in San Diego, they later hired Mandarich in Los Angeles. 3. How much are you being sued for? over $10,000 son had cancer, tried to pay bills as often as we could. tried to keep up payments.. 4. Who is the original creditor? (if not the Plaintiff) Bank of America 5. How do you know you are being sued? (You were served, right?) Served at residence 6. How were you served? (Mail, In person, Notice on door) Served at residence in person. 7. Was the service legal as required by your state? Yes. Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? From day one we asked for valdiation, disputed. Initally the case was handled by David Duvek law offices in San Diego then we again disputed with Mandrich 9. What state and county do you live in? San Diego CA. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2011 Still inside limitations (under the 4 years). 11. What is the SOL on the debt? To find out: September this year. Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit filed, in discovery right now. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Disputed CACH LLC listing on credit report with Collection Agencies. Did not dispute with OC "Bank of America". 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. Yes twice, once with David Duvek law office, again when Mandarich took case over. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Already responded to suit, with denial. I have no contract with CACH at all.. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Bill of Sale, Statement and a payment schedule
  7. Hi Shellie, They had until the last week to provide a witness list. They did not provide a list. That leads me to another question, Are they allowed to provide a list later on, or was the cutoff day last week the only opportunity they have to supply them?
  8. Hi Amos, Yes they provided a loan schedule as well along with some statements for the last few months of the account prior to it being sold to CACH LLC.
  9. Here is what CACH LLC is using nowdays; Exhibit C Bill of Sale and Assignment of loans The undersigned Assignor ("Assignor") on and as of the date herof hereby absolutely sells transfers, assigns, set-over, quitclaims and conveys to CACH LLC, a limited liability company organized udner the laws of colorado ("Assignee") without recourse and without representations or warrenties or any type, kind charater or nature, express or implied, subject to the Buyers repurchase rights as set forth in Sections 8.1 and 8.2 of the Assingors right title and interest in and to each of the loans indetified in the loan schedule ("Loan Schedule") attached hereto (the "loans"), together with the right to all principal interest or other proceeds or any kind with respect to the Loans remaining due and owing as of the Cut Off date applicable to such Loans as set forth in the Loan Sale Agreement pursuant to which the Loans are being sold (including but not limited to proceeds derived from the conversion voluntary or involuntary, of any of the Loans into cahc or other liquidated property). Dated July 21 2011 Assingnor: FIA Card Services, N.A. Name: Debra L Pellicciaro Title: Vice President
  10. Exhibit C Bill of Sale and Assignment of loans The undersigned Assignor ("Assignor") on and as of the date herof hereby absolutely sells transfers, assigns, set-over, quitclaims and conveys to CACH LLC, a limited liability company organized udner the laws of colorado ("Assignee") without recourse and without representations or warrenties or any type, kind charater or nature, express or implied, subject to the Buyers repurchase rights as set forth in Sections 8.1 and 8.2 of the Assingors right title and interest in and to each of the loans indetified in the loan schedule ("Loan Schedule") attached hereto (the "loans"), together with the right to all principal interest or other proceeds or any kind with respect to the Loans remaining due and owing as of the Cut Off date applicable to such Loans as set forth in the Loan Sale Agreement pursuant to which the Loans are being sold (including but not limited to proceeds derived from the conversion voluntary or involuntary, of any of the Loans into cahc or other liquidated property). Dated July 21 2011 Assingnor: FIA Card Services, N.A. Name: Debra L Pellicciaro Title: Vice President
  11. This is what Cach LLC is using nowdays. My question is does this doc below have any legal ground as being the original contract between myself and BofA? My anme is not upon it. It's not the original CC agreement. This is a doc between the sale of Junk debt from BofA(MBNA) to Cach LLC. It says it's assigned to them. They do have some statements of mine as well.
  12. Hello All, In the past I read a post either here or upon another site that Credit Bureaus use some type of method (standarized) to determine the validity of Collection agencies right to report debt. I recall it was a process that several people questioned including myself after reading how it was accomplished. I'm unable to find this info again. Can anyone point me out to this link/method/process (could not find it again via search)? Thanks in advance to everyone! Happy New Year to all!
  13. Hello We have yet to be served but my wife and I have found that a case has been filed against us by a JDB. It is filed against my wife who is the primary on the CC, but not myself. It is a jointly held CC. Will/can they turn around and file against me as well?
  14. Hello, My wife and I have a joint credit card with her being the Primary. We have learned that we have a case filed against my wife only as she is the Primary on the card. Can they file against me later on, or at any time later as well if the acount is in both of our names? Thanks in advance to everyone who can help us in this answer. Regards, Scooter.