soyelmismotony

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About soyelmismotony

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  1. i already got all her affirmative defenses but do not know where to put them by amending her answer or there is a special form. one more think we just notice the account they are talking about is not the same as the one it shows on her credit report at this point I do not know if that helps her or not
  2. they already file a complaint but when is time for my friend to ask for documents they respond they are not done investigating the case. bull. they don want to share their documents. my friend should have the contract or agreement terms. whats next that the ducks carry the bullets for the hunter.
  3. friend of mine got a summons, answers on time by denying everything in California. oc bank of america cach llc collector suing attorney mandarich law group original amount around 2000. they file complaint breach of contract and some counts friend file on time the answer denied. also she filed motion to strike. rookie mistake since motion to strike has to be done before answering the complaint. right after being served she ask for debt verification she can use Heintz v Jenkis 514 us 291 united states supreme court 1995. as a defense. the suing party acknowledge receiving the debt verification since they submitted as evidence back their case on opposition to motion to strike. eventually motion to strike for my friend was denied because she filed after she had answer. motion to strike denied. they send her special interrogatories admissions and produce documents. she answer them and fire back with her own special interrogatories, set of admissions, and bill of particulars the last one they said it was irrelevant and they did not answer but they answer the other two. need help with offer to confer. also she need to know when or how to summit affirmative defense can she amend the answer or she just go to trial on January appointment for case management. and lay down her cards. plaintiff cach llc and their set of admission admit not having a written agreement that was signed defendant. on complaint they stated that bofa assigned the debt to them on admissions they admitted to purchase the debt but in complaint they stated bofa is the assignor and they are the assignee. meaning bofa is the owner of the account. well well well if they admitted to purchase debt. bofa no longer has control of the account by accepting payment from third parties accord and satisfaction defense here. cach llc lied misrepresented here false statement what else? they admitted that their investigation is not complete that they do not have original contract. they admitted not to have custody or possession of the original contract or in plaintiff's control. no contract between cach and bofa, no contract between cach and my friend, no contract between my friend and bofa I see noting but lack of privity. they say such item should be in possession of defendant. i think that cach has no fiduciary duty here. they admitted to purchase the defaulted account that barred them from seeking relief for damages the cause their own actions and failed to valid assignment. they mention alleged agreement a clear violation of parole evidence rule. other that saying you owe money they failed to state a claim. admission 23 talks about if oc knows of this action which they reply oc dose not require any notice or knowledge of this action affirmative defense. plaintiffs complaint failed to allege that the assignor even has knowledge of this action or that the assignor has conveyed all rights and control to plaintiff's the record does not disclose this information and it cannot be assumed with out creating an unfair prejudice against my friend complaint stated that oc bofa is the assignor and that cach is the assignee. i kind of have an idea how to help her but since i never done this . do not know where to start
  4. two months ago I signed with them just to monitor changes. get free notification of credit applications or hard hits. the credit score changes is in their score system. nothing to do real FICO score. but i applied for a credit card with one of their cards recommendation and I got approved until today I being using their card. also until today that card no show on equifax experian and transunion never the less i got credit again
  5. WHAT IS NEXT...? MY FRIEND GOT HER MOTION TO STRIKE DENIED BECAUSE SHE FILED A REPONSE FIRST THEN MOTION TO STRIKE THE MOTION TO STRIKE WAS ONLY SUMMITED BECAUSE COURT CLERK TOLD HER SHE CAN FILE IT. WE KNEW SHE WAS GOING TO LOOSE AS SOON WE SAW OPOSITION TO MOTION TO STRIKE ROM PLAINTIFF HAD A CASE TO SUPPORT THAT OCTOBER 22, 2012 IS CASE MANAGMENT COURT DATE JANUARY 14,2012 AT 1:30 PM. AT WHAT PART OF TRIAL SHE CAN START USING AFFIRMATIVE DEFENSES? PLAINTIFF : CACH, LLC. COMPLAINT FILE 04/11/2012 OC : BANK OF AMERICA AMOUNT : $2100.00 ANSWER FILED 4/23/2012 THEY FILE COMPLAINT BREACH OF CONTRACT AND COMMON CAUSE SHE FILED AN ANSWER DENIED. MY FRIEND FREAK OUT WHEN JUDGE SIDE WITH THEM ON THEY DO NOT HAVE TO SHOW HER ANYTHING AS DOCUMENTATION THEY ARE THE OWNER OF THE ACCOUNT I KNEW THAT BUT SHE DID NOT. ON BREACH OF CONTRACT COMPLAINT THEY LISTED AS ASSIGNEE AND ON THE OPOSITION TO MOTION TO STRIKE THEY LISTED THEM SELF AS THEY PURCHASE THE ACCOUNT. SEND A BOP A WEEK AGO PROBABLY ON 10/9/2012 CERTIFED MAIL AND SHE GOT A LETTER TODAY 10/15/2012 REGULAR MAIL. SORRY NO BOP IS IRREVELANT NO ANSWER FROM US. THEY WROTE.
  6. got it send letter cease and desit already and file a ftc complaint.ut no never use this number for credit this business use only work .... they said they are calling chin chin somenthing with pre recorded message the recorder sounds pretty standard voice this is a message computer voice says this is a call for chin chin the posible person's name then goes by saying this is grant and weber if you are not chi chin hang hup and disconect but if you are chi chin please listen to this message in private because it has very important information there will be a number of seconds pause. if you are chin chin this grant and weber is very important we speak to you they say their name funny i heard this name 21 times a days some times 2 3 times a day times 21. this is a very standar message that changes from collection to collection agencies all that there is different is who are they calling and who they are. that is a perfect example of robo calling but i find out who they were lloking for but that was only unitl third call by then already file a complaint with ftc
  7. porfolio send something like that also did not send what I ask. I reply to their letter with a small letter you response dated 01/01/2012 is unaceptale as debt verification and this and all the debts you say I owe therefore this and all alleged debt are disputed in their entirety.
  8. my cell just recived 3 phone calls on three different days I did not answer unknown number but left no message so i call the number on the caller id and it says thank you for calling the law offices of grant and weber please stay on the line and some one will screw you (sorry I mean someone will help you). research the name could not find law offices of grant and weber but I found a lawyer webpage saying that grant and weber is a debt buyer. found a web-site for grant and weber no where in their web page I find that they are a law firm attorneys use google.com and manta.com to search law offices of grant and weber zip nada zero serch a google just the name grant and weber and this entiti from calabaza california comes up same entiti the attorney is talking about even do they state to have a legal department then never present themselfs as attorneys I could be wrong my uderstanding they good to collect lawers are good to sue and to settle .
  9. sorry without written consent just find out today they were looking chin chun chin or something like that. my name is not chin chun chin but still file a complaint with ftc. I had these cell number for the past 3 or 4 years. first time ever a collector calls this number. im thinking someone that sold an account that I had a collection assign or sold to and since they received a debt validation letter on time and was not verified now they try to call using fake names just to harass
  10. find out if they bought the account if the y did one of your affirmative defenses can be the ingury or damegaes were cause by theri own actions. and they court can never rule in favor of the one that cause its own injury or damage by their actions. baisiclly. buy them purachasing the defoulted account they cause the loss. also they did not bought it for the amount that you owe the y bouht it for less that is consider unjust emrichment. amon no contract with collect ion and more affermative defenses you can use in front of a judge. but never go into a court admitting that you owe the money because you loose before you admit the debt is yours you got to make sure this clounds are the true owners of the account. my defenses would be if i was you. * lack of privity- no contract between collector and you * collector admit to purchase debt by this action collector is barred from seeking relief for damages. * irf references of contract are mentioned this is a violation parole evidence rule * collectors complaint fails to allege a valid assigment and there is no avements as the nature of purporte assigment or evidence of value * in case they collector is to be the assignee of the original creditor. my defense would be the assignor has no knowledge of this action this to seek who is the true owner of the account. un les oc release all rights of the account to collector but guess what if this is the case now the colletor made false statments they said they represent oc when in reality they are not. they oowe the account but if they disclouse that they loose. accord and satisfaction. when oc accepts payment from their parties to my limited understanding if oc sold the account collector may loose by this affirmative defense. no contract from oc no attorney fees or interest contract must be sign by two parties. doctrine of laches when collectors waited to long to sue making it imposible to find eviden or witnesses to stablish good defense. * collector has no fiducuary duty here * collector failed to name all necessary parties * collector complaint alleges damages well damages are the result of collectors action or amission comited by the collector * unjust enrichment when some one seek more money that she or he is entitle to receive. * you invole the doctines of scienti et volenti non fit injura thats when you know you did something wrong that has no legal right and dannum absque unjura means harm with out injury * equitable estopel. when you cach them with false representation. * defendet ahs the right to amend add answers and smit counter claim * heints vs jenkis 514US UNITED STATES SUPREME COURT 1995. DISPUTE DEBT AFTER BEING SERVED THE SUIT CANNOT BE REDUCE TO JUDGMENT ABSENT COMPLIANCE WITH 80(VALIDATION OF DEBT) BEING COMPLIED. HOPE THIS HELP
  11. out of the blue is calling my cell phone number her number is 888-366-3409 what do i do to sue them for robo calling ,y cell with out reading consent:twisted:
  12. at one time I felt same way like you take a new yorker attitude and say " forget about it ". any ways I send 21 letters 2 years after I went delinquent on 7 accounts but since those hands change hands couple of times 7 accounts became 21 accounts or 24 accounts depending on the credit agency. the ones calling recived a why you calling me and debt dispute, the ones on my credit report that were not calling recived i see you on my credit report debt dispute, the ones that were mailing but were not calling received a why are you mailing me debt dispute and I got all of them to stop calling and writting or mailing because none of them were able to validate debt. i was lucky to have nothing but junky collection agencies that took couple of letters to get them off my back. all that there is in my credit is the original creditors. this two years after first delinquent with original creditor. since when the collections agencies had my account who knows most of the time i did not received anything on the mail my guess is that all 14 plus collection acounts were past the 30 days from first contact they are require to validate debt. but ofcourse i did not tell them that. my collection agencies were portfolio, asset, aceptance mcm or midland funding, ars, chase recibables, primary fanancial, equable assets, credit control llc, stellar recobery, fms,nci,leading edge recovery, cac financial corp, client services inc, professional bureau of collections, nes. etc, etc. worst that can happen is that one of this nut crackerst try to sue, if it happens settle pay to delete, file for bk. some my not agree with me but is never a waste of money when you try to defend your rights
  13. my friend find out that the hard way. since the show us a judgment and contact a local attorney office they were able to locate the judgment in the system of the courts thats why we though it we legit so she made cople of payments until she run out of money