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oregondebtsucks's Achievements

CIC Member

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  1. Got a general dismissal last month. Just wanted to update. They didn't reply to my admissions or discovery request. They didn't even pick the mandated court arb date or arbitrator. They bluff the whole way. Those lying sobs. How I won: 1) Didn't wait 30 days to file an answer. I looked through the complaint and look for holes and tiny mistakes that I might be able to use. Like "Within the past 6 years, an account was stated in writing whereby Plaintiff's assignor sent a final billing statement to the defendant indication xxxx was due and owning and the defendant failed to dispute the amount." Like this could be interpreted in some ways that could harm their case. I attacked that in my complaint. 2) I file a discovery request the same time I sent my answer. Certified mail. I waited 45 days. If they didn't send me everything I wrote a meet and confered on the 45th day. A long with my discovery request. 3) After I received their discovery and admissions request I immediately responded to it, with my own admissions request. Also checked for any tiny advantage that I might have in the stuff they sent me. I attacked everything that I thought I could use from the stuff they sent me in my admissions. That's about it. Do everything on time! Most important thing!
  2. Got a notice from the Court today. They have a notice of intent to dismiss because no arbitration date or arbitration award was received. Anyone know what this mean? They have 30 days to request an extension. If not, the court will dismiss the case. I haven't even replied to their discovery request yet. Working on it now. Don't know if this is good news or bad news. Edit: Just sent in my meet and confer, and admissions.
  3. Thank you. I actually read a recent case about this. That since it was sold, they didn't have to prove much with chain of custody. MIght as well throw it out there though.
  4. Mandarin law group just sent me a debt validation letter. Not sure if this is the discovery request I wanted though. I got some great information I think from it though. From what I can tell, this account was originally by a company called Clout Financial Services Inc. They either went bankrupt and was sold or acquired to MBNA America, N.A who was later then merged with Bank of America. I tried researching Clout but came up empty handed other than some various forum posts. Would this be tough to prove chain of assignment?
  5. Multnomah county. Yes filed the response and the discovery request same day. Can you send me information on the discovery that you used to find of if they are licensed or not? I think i can send up to 5 discovery requests in Oregon.
  6. Not sure how that works around here in Oregon. Gonna try to be ahead of the game this time around. If they don't respond with anything. Meet and confer 5 days after the 30 days period. Then motion to compel discovery.
  7. Well I just looked up Cache and Mandarich here http://www4.cbs.state.or.us/ex/all/mylicsearch/index.cfm?fuseaction=main.show_main&group_id=20&profession_id=22&profession_sub_id=22000 And I can not find them as a license debt collector. What is cache also known as? Would they screw up so bad as to not even get a license? Edit - I have found them. They are a subsidiary of Square Two Financial which is license through 2016.
  8. According to them in the complaint, the SOL has not past yet. The statement still confuses me. It opens a lot of things, like why would they collect on a debt they don't own? Like if BOA still had the account 5 years ago of whatever. Why would they use such a broad number like 6 years, when they should have the exact dates in which they bought the account, or sent me letters etc. I feel like I can use it as an argument. I don't know.
  9. But what do you guys think about the paragraph about in the last 6 years, they been contacting me. Isn't that admitting that the debt is 6 years old? Wouldn't that be over the SOL in oregon of 6 years? Doesn't make any sense. But that other paragraph says, it was last paid in Jan 2010, so not quite 6 years. I feel like I can use it against them. Also what's a good way to answer this paragraph while keeping my options open to use it in an argument? Yes
  10. Well, here we go again. This is my third lawsuit in the last few years. I settled the other two and honestly I rather settle again. But this one seems different than the other two. I think I have a better chance of winning. 1) Amount owed xxxx 2) Original CC by MBNA America, Then they got bought out by Bank Of America. Now Cache owns it. 3) Card open in 200x. Last payment, alleged 2010. I am using "Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of Plaintiff's claim, and based on that denies generally and specifically Plaintiff's claim." I am Denyings a few of their claims, like for example when they say they are the rightful assignee of the debt. I just write something like "Plaintiff has not shwon they are the assignees of the original creditor." I am using these exact text when I come across a damning claim on parapgraph 19. They write I am thinking right now, to myself, the Oregon SOL is 6 years. They just admitted that in the past 6 years the assignor sent a final billing to statement. Am I reading this too much or is this something I can use? But they do allege in another paragraph that I made a payment in January 2010, so not quite 6 years. I am checking creditkarma and it doesn't tell me anything. Doesn't even show the debt. However went to transunion, and it does say I made it in 2010, except it doesn't tell me the account number. Also debt amount is higher. So I really don't know if this is the same debt. In my affirmative action part of the answer, I want to argue SOL and Lack of standing. What do you think?
  11. Hmmm, I think I scared the plaintiff's lawyer today. I e-mailed him and told him that I have the intention of recording the entirety of the arbitration hearing. Obviously arbitration hearings are usually only between 3 people, me, the plaintiff, and the arbitrator. I don't know if it's a common pratice to have arbitration hearings recorded, but I plan to upload it to the internet and use myself as a case study for future litigants. Thank you, I will do that. Definitely wanted a good backup plan and this one seems like it could work.
  12. On the excel spreadsheet it also said the interst rate (they wrote it down as INTRATE) as 0. Obviously if they charged 0, the balance should be 5400 and not 7600 which they claim. This excel spreadsheet is so damning to them I feel.
  13. I'm confused as to what this will help me with? Is it for my first question of the 600 dollar difference? The rate is 9% according to oregon law. ORS 82.010 - Legal rate of interest - 2011 Oregon Revised Statutes Also like I said they didn't provide a bill of sale. They only gave me that excel print sheet that says "printed from portfolio recovery associates database, provided by Bank pursuant to a sale of accounts from Bank to porfolio recovery associates."
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