byegone

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About byegone

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  1. Took a little while but now I'm back up and running... Wamu does not come into play. Here's what it states..... In just two little paragraphs he states he is "aware of the process of the sale and assignment of electronically stored business records. Chase sold a pool of charged off accounts to JDB under a Purchase and Sale Agreement and a BOS between JDB and Chase. As part of such sale, electronic records and other records on individual accounts included in the Accounts were transferred to JDB. These records were kept in the ordinary course of business of Chase. I am not aware of any errors in the Accounts" The last sentence is interesting. Thanks
  2. I was wondering if anyone has a Chase affidavit signed by affiant Martin Lavergne? I have an Affidavit of Sale by Original Creditor (Chase) provided by Midland signed by Martin Lavergne. Not surprising the Affidavit does not mention my specific account nor does the BOS, just "pool of charged off accounts". Interestingly affidavit states "I'am not aware of any errors in the Accounts" and emphasis on the "s" ....... This Case hinges on Standing. I just wanted to compare the signature of the affiant but cannot seem to find it anywhere. I'm in NY and I'm building a case against Midland - I know about Chase Bank v Gergis and I intend to use it to cast doubt about the trustworthiness and robo signing of Mr. Lavergne. Does anyone have any other suggestions. If anyone has some NY Case Law they can throw my way would be appreciated - as I have a lot already but could always use more.
  3. Just saw this... No I know... I'm dont think it will do much of anything but cast a little doubt, so I guess it can't hurt, and this is all contingent on them MSJ and providing an Affi from a purported Chase employee... but of course hopefully it shouldn't even get to this stage of the game.
  4. Hi Racecar- Thanks, yep I'm well aware of Loreto case I used it extensively in my other argument, and will use it in this one too. Please Keep em coming!!! :p
  5. Bruno - i believe the judge would have to order to compel before I can file a motion to preclude? I'm guessing If I do file a motion to preclude - when before my next appearance or at it??
  6. NOW THAT I'M GETTING OVER MY FEAR OF ACTUALLY BEING IN COURT IN FRONT OF THE JUDGE AND DEALING WITH THESE SCUM .... "I OBJECT YOUR HONOR, FRANKLY I DONT GIVE A HOOT WHAT THE PURPORTED STATEMENTS PLAINTIFF HAS PROVIDED CLAIMS TO SHOW. PLAINTIFF SHOULD NOT BE PERMITTED TO SUBMIT THESE THESE STATEMENTS AS EVIDENCE BECAUSE PLAINTIFF HAS FAILED TO PROVE THEY EVEN HAVE STANDING TO BRING THIS SUIT IN THE FIRST PLACE...... THIS BILL OF SALE DOES NOT SHOW ANY ACCOUNTS PLAINTIFF CLAIMS TO HAVE PURCHASED FROM OC LET ALONE THE SPECIFIC ACCOUNT SUBJECT TO THIS SUIT. THIS DATA SHEET PLAINTIFF HAS PROVIDED WAS NOT CREATED BY THE OC AS PLAINTIFF CONTENDS IT WAS. I COULD HAVE PRINTED THIS OUT ON MY COMPTER. THERE ARE MANY ISSUES OF MATERIAL FACTS IN DISPUTE YOUR HONOR, A TRIAL WILL BE NEEDED TO DETERMINE THESE FACTS. DEFENDANT REQUESTS PLAINTIFFS MSJ BE DENIED. DEFENDANT REQUESTS THE COURT TO COMPEL PLAINTIFF TO PROVIDE DEFENDANT WITH DISCOVERY DEMANDS OR TO PRECLUDE THEM" 8-) just practicing up a little bit ..... i need get over my fright and be able to spew this out of my mouth without so much a single pause for christ sakes, i need to get with the program!!! :twisted:
  7. THEY GAVE THEMSELVES 60 DAYS!!!!!!!!!!!!!!!!!!!!!!!! I GUESS THEY DON'T THINK THAT 60 DAYS IS UNREASONABLE FOR ME TO WAIT..... HOWEVER IT'S MUCH TO UNREASONABLE FOR ME TO WAIT 60 DAYS! I REQUESTED THESE DOCS BACK IN IN AUGUST - THEY WERE SUPPOSE TO HAVE THEM TO ME BY MID SEPT. NEXT COURT DATE IS IN DEC... I HIGHLY SUSPECT THEY WILL MSJ... AND THEY ARE PLAYING ME BY NOT PROVIDING ME THE DOCS I REQUESTED & NEED TO DEFEND MY CASE. AS IT STANDS NOW THEY HAVE NOT PROVED STANDING BY WAY OF THIER CONCLUSORY BILL OF SALE. THEY ARE REQUESTING ME TO WAIT 60 DAYS SO THEY CAN PROVIDE ME WITH THE MOST APPROPIATE RESPONSES TO MY REQUESTS .... BUT IF I WAIT IT WILL BRING ME ONLY DAYS AWAY FROM MY 2ND APPEARANCE IN WHICH I KNOW THEY WILL MSJ .... AM I BEING CLEAR DO YOU UNDERTAND WHAT I'M SAYING?? I TEND TO TALK IN CIRCLES. NOW I HAVE MORE REQUESTS READY TO GO .... 2ND REQUEST FOR DOCS ADMISSIONS AND POSSIBLY SOME ROGS.... I SUSPECT THEY WONT RESPOND TO THESE EITHER??? OR SHOULD I HOLD OFF ON SENDING THESE??
  8. NO!! I did not get an Affidavit (I did request it in My Request for Documents) .... Midland - "purchased a pool of charged off accounts from BIG BANK". They did send me Statements, Bill of Sale (that doesn't have my name or account #) and a "false" Seller Data Sheet (purported to be a copy provided to them from Big Bank Records) .... with a letter stating they will provide the rest of my requests in 60 days. But no Affdavit Note: they were two weeks late with the items that they did send me and now expect me to wait 60 days for the rest of the docs while they assemble them!!! Whats up with this? CPLR 3120 States - 20 days from receipt of notice. You would let it go until it becomes an issue? I guess it would become a REAL BIG issue when they MSJ at my next court appearance then????
  9. Thanks Bruno , I can always count on you to respond.... I was expecting a reply of : This request is to overly burdensome ... LOL I don't have time to sit and dig through thousands of Google Scholar cases right now.... I was hoping someone may just have em on hand.
  10. Can anyone point me to some good New York case law (high courts) involving JDB & Hearsay Exception Bill of Sale that does not have the defendansts name or account number on it. And of course any New York case law I can use for Proving Elements of Account Stated or Breach of Contract Thanks!!
  11. Yep Uh HUH ... this is exactly the route I recently went when up against an Original Creditor and I even one upt it .... a reproduction created by any process which stores an image of any writing, entry, print or representation and which does not permit additions, deletions or changes without leaving a record of such additions, deletions, or changes, when authenticated by competent testimoney or affidavit which shall include the manner or method by which tampering or degradation of the reproduction is prevented, shall be admissable in evidence as the original. "THE CHANGE IN TECHNOLOGY REQUIRES THE PROPONENT OF SUBMISSIONS TO AFFIRMATIVELY STATE WHETHER THEIR KNOWLEDGE IS BASED ON ACTUAL HARD COPIES OR ELECTRONICALLY GENERATED INFORMATION. IF ELECTRONIC INFORMATION IS USED, THEN THE SECOND REQUIREMENT IS INCLUSION IN AN AFFIDAVIT OF IMFORMATION ESTABLISHING THAT THE DOCUMENTS ARE FREE FROM TAMPERING OR DEGRADATION AND THE BASIS OF THAT BELIEF." Midland Funding, LLC v. Loreto, NY Slip Op 50338 (2012), American Express Bank v. Dalbis, NY Slip Op 50366 (2011). Sad to report I lost my argument in the end with OC when I really thought i had a good chance of winning with the argument. The boilerplate affidavit was so conclusory it was a joke. And if the burden of proof is on the Plaintiff and the Defandant gets the benefit of doubt and must be viewed in light most favorable then I really do feel cheated!!!
  12. YEP see where you are going with these Bruno , they will turn it around on me. However I'm being sued by them - they have to prove their case - wouldn't they have to provide the cardholder agreement/ contract they are claiming I breached. Sorry I didn't see anything printed on the back of any account statements sent because A) i didn't recieve the account statements and even if I had received the account statements I wouldn't have looked at them and read them simply because I cannot read the fine print and cant afford to buy myself glasses) C) and if I did make any payments, which I do not recall doing, I would have most likely followed the same procedure I do with paying all my bills at this time because of my hardship - just guesstimate on the minimum amount due and send a payment - online.... Gag me with a spoon !! OK - I need some clear cut, to the point Rogs and Admissions For JDB - Account Stated and Breach of Contract Claims I feel like I'm damed if I do and damned if I dont. Do I send out a request for Rogs & Add before my next court appearance in 2 months ... they will most likely MSJ - OF COURSE I will OBJECT "Defendant denies allegations, defendant denies owing any debt to Plaintiff , triable issues of material fact do exisit and are in dispute, standing is still undetermined ........MSJ would not be just and proper in this situation" ... but just in case things shouldn't go my way (because honestly I'm losing trust in the justice system). I will need something to work with and cover my a$$ to argue in my opposition - and that something would be their responses to my requests for discovery .... even if they dont respond that would be "something". So I never get to see the affidavit unless they MSJ and submit it with the MSJ? .... this isn't really fair now is it???? Considering all the crap going on with robosigning, false affidavits , inaccurate OC records .... Plaintiff should be required to include Affi with the S&C when they bring suit. Afterall I need time to research their affiant and shred the affidavit apart word by word - now don't I We should set up a mock trial -- hmmmm .... who should it be? Colt, Bruno, Legal -against- My~Cousin~Vinny, BV80, Racecar & Byegone (what the heck i'll throw myself in for some hoots and holla's)
  13. Thanks Coltfan:) I think I see what your saying ... Standing 1st ... if no standing - No account stated, No breach AND MSJ granted there is NO TRIAL because there is NO CASE (it shouldn't even get to the point of arguing the account stated or breech claim. JDB wont be able to prove ownership ((in admissable form showing my specific account in the "pool" of accounts they purchased)) if JDB cant prove ownership by assignment they havn't proved Standing and they cant be permitted to submit business records for their account stated claim or breach claim ... and so on and so forth "There are several issues of material facts in dispute that a trial is needed to determine". Hopefully it will stop right here and their MSJ should be denied. But I need to have a game plan in case it doesn't So lets say the senario pan's out like this - the Judge considers their (phoney) Bill of Sale and their (bogus) "Data Sheet" enough to grant them to move forward with their Motion for SJ .... EVEN THOUGH I OBJECT OBJECT OBJECT RIGHT ON THROUGH!!! .... I'm then at the point (once again) where I will have to argue on paper via my Opposition. JDB provides FAKE AFFIDAVIT from BIG BANK (by someone claiming to have personal knowledge of the debt.... blah blah blah) .... It's then there word against mine , (I think the Judge is lazy and will let the False Affi slip right on by and not care) ........ :shock: I'm going to try and see if i can pull some closed case files to see how this Judge has ruled in MSJ in (JDB) cases... and look at the affidavits & docs submitted.
  14. What about the affidavits??? Do I bring up the affidavits in the request for docs or admissions? Can I send admissions and rogs addressed to plaintiff but directed to the affiant.... I need to defeat the account stated claim.... Once they MSJ (and of course I'll object, but if the motion is granted) if I dont have this info I'd be so screwed. For each document listed below that Plaintiff contends was delivered and retained without objection to the defendant, please produce all documents indicating the date the document was delivered and the manner in which it was delivered, including, if the document was delivered by the Postal Service, other courier, or electronically and state the location to which it was addressed and whether the document was returned undelivered: a. The original account agreement for the account. b. Any amendment to the agreement for the account. c. Any notice of a change in any term of the account, including but not limited to a change in the rate of interest or amount of any fee applicable to the account. d. Any schedule of interest rates or fees applicable to the account. e. Any credit card issued in connection with the account. f. Any statement of payments, charges, fees or interest for the account. Please identify the OC procedure for returned undelivered mail Please identify the OC procedure for disputing charges Please answer!!!