whatamess2

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About whatamess2

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    Oregon
  1. Well I can tell you in Oregon they don't bat an eye about the standing and them not having any documentation of chain of ownership and many other errors. Unfortunately I spent quite a lot trying to fight two different JDBs and neither arbitrator would give any care or thought to it. Ended up having to do a BK:-(
  2. No, I did not see them on my credit report. Thanks, I will give them a call and record it!
  3. I got numerous calls from a supposed "Vincent Gray" to call call him at....quite a while ago. I recorded them but never talked to them or received a letter from them. I searched the number and found that it was Leading Edge Recovery. I would like to know who (what JDB or OC) they were calling for as possible counterclaims. I haven't heard from them for over a year, so I would guess they are no longer retained by the JDB or OC. I don't know if they would even have the info and figure they wouldn't tell as to avoid violations against them, but I also worry the call could get them started again. Are they required to tell - I know they were supposed to have sent a letter with all the info and didn't - could I use that as leverage? Any other suggestions on how to find out?
  4. If so, could you please give me some pointers in getting started? I've been researching, but not finding the answers. I filed the paperwork w/i 20 days and a court date has been set. I haven't heard anything from the other side. Can I file a new answer that includes counterclaims or do I need to ask for leave to do that? I'm guessing, since the files are supposed to be sealed that I need to resubmit all of my motions, etc. that I filed during court mandated arbitration? Thanks in advance for any assistance!
  5. Not in court but Oregon Court Mandated Arbitration-the JDB attorney sprung a local OC employee on me. I don't think it even mattered at that point because the arbitrator started off with something like "those hearsay laws/rules don't apply here, they are are more like guide lines" and proceeded to enter the docs into the record at the very beginning. From there I was kind of at a loss as to whether he was going to get upset with me for continuing to object and most of my case was hearsay, lack of foundation and standing. Is there a reason they would have to fly an OC witness in? Why don't they just get a local one - none of them probably have true personal knowledge either way right?
  6. Bill of sale says... personal property comprising the charged off accounts as defined in the Agreement for Purchase and Sale of Charged-Off Accounts dated 4/15/11 ...but the Affidavit of Debt says alleged account wasn't charged off until 5/31/11! So, it sounds like the alleged account wasn't part of the pool sold and that they are trying to sue me for! At the very least they have the wrong documents to back up their claim on the alleged account. I am new to this and trying to figure out what my best course of action would be. Mandated Arbitration is this Friday! I was putting together MTS for all these docs, would you continue on that path or ask for Summary Judgement (after I turn in my Amended Answer with counterclaims of course)? Wondering if I strike these documents, can I then not use them against them to say they are fraudulent and get Summary Judgement. Do I need to put them in my Exhibits? Another discrepancy: Bill of sale was executed 6/24/11 but Affidavit of Debt says alleged account was sold on 6/28/11. Not sure that one will make much of an impact - should I even bring it up? And, Affidavit of Debt was not made in the usual course of business, but after the fact for litigation purposes on 8/30/12 Thanks for any suggestions!
  7. I read this post on the forum about a state that has a rule that says they have to provide the document. DEFENDANT’S DEMAND FOR THE PRODUCTION OF DOCUMENTS PURSUANT TO R. 4:18-2 Pursuant to Rule 4:18-2, Defendant hereby demands that Plaintiff serve copies of the following documents cited in the complaint within 5 days after service of this request as prescribed by the Rules of Court. 1. “an agreement” in Plaintiff’s Complaint statement #2 Does anyone know if there is such a rule/law in Oregon? I did a search and read UTCR Chapter 2 and don't see anything. I had previously requested these documents and many more that they evaded and finally produced the 1 page Bill of Sale which doesn't prove anything when they had to provide their Pre-Hearing Statement of Proof. Any advice would be much appreciated! Thanks!
  8. It was the same except without any counterclaims. Thanks for looking and any suggestions. I found this: KINDS OF PLEADINGS ALLOWED; FORMER PLEADINGS ABOLISHED RULE 13 A Pleadings. The pleadings are the written statements by the parties of the facts constituting their respective claims and defenses. B Pleadings allowed. There shall be a complaint and an answer. An answer may include a counterclaim against a plaintiff, including a party joined under Rule 22 D, and a cross-claim against a defendant, including a party joined under Rule 22 D. A pleading against any person joined under Rule 22 C is a third party complaint. There shall be an answer to a cross-claim and a third party complaint. There shall be a reply to a counterclaim denominated as such and a reply to assert any affirmative allegations in avoidance of any defenses asserted in an answer. There shall be no other pleading unless the court orders otherwise. So since the part in bold about a reply is after it mentions counterclaim - does that mean No Responsive reply was permitted to my original which in turn means from Rule 23 in my post above that I should have : amend it at any time within 20 days after it is served. Otherwise a party may amend the pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. ???
  9. 1. Prefer not to broadcast 2. Prefer not to broadcast 3. aprox 8K 4. WF 5. Served and scheduled for Court Mandated Arbitration:-( 6. Served via Mail 7. Service legal by your state? I believe so. 8. DV letter to 2 CAS and then attny 9. Oregon, Washington County 10. Supposedly Aug. 2010 within SOL for Oregon 11. SOL 6 years 12. I've answered, attempted discovery, trying to amend to include Counterclaims before Mandatory Arbitration 13. Just CAs 14. Yes 15. Answered, Breach of Contract, I answered their admissions. 16. What evidence did they send with the summons? Nothing Had these from DV An affidavit? Statements from the OC They've finally sent more when Pretrial brief was required, but totally evaded Req. for Production until now 17. done I'm not sure If I can just send an amended answer or need to ask permission? I had in the original answer "reserve the right to amend to add counterclaims". ORS RULE 23 A Amendments. A pleading may be amended by a party once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted, the party may so amend it at any time within 20 days after it is served. Otherwise a party may amend the pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. Whenever an amended pleading is filed, it shall be served upon all parties who are not in default, but as to all parties who are in default or against whom a default previously has been entered, judgment may be rendered in accordance with the prayer of the original pleading served upon them; and neither the amended pleading nor the process thereon need be served upon such parties in default unless the amended pleading asks for additional relief against the parties in default. It was end of February, they didn't but they could respond to my answer right? So, I can just do it? But then it says Otherwise only by leave. Is this clear to someone with more experience? Please advise! I put this together from examples I found except that the TCPA violations were suits brought on JDBs since I couldn't find them as counterclaims. Anyway, I am getting down to the wire and want to turn this in in hopes that they will agree to walk away instead of going through arb. I will be listing the call detail that I have documented, but wondered if I should explain in there somewhere that I have phone statements, pictures of my phone and recordings? Do I need to attach those when I submit. If so, what do I do about the tape recordings. I would really appreciate some help with making sure it is correct and effective - doesn't seem amateurish! Thanks in advance everyone!Redacted Amended Answer.pdf
  10. After allegedly misleading consumers into paying unnecessary fees and falsely threatening consumers with lawsuits, defendants in a debt collection operation have agreed to settle Federal Trade Commission charges. http://ftc.gov/opa/2013/03/securitycredit.shtm http://www.ftc.gov/os/caselist/1123175/130326scscmpt.pdf Thought maybe this would help someone attack their credibility!
  11. After thinking about what I need to do - I am wondering if I should do a General Denial or be more specific about chain and lack of standing, etc or would that just be tipping my hand to them?
  12. Could I request that they provide all of their phone numbers so I can reference them on my bills Could I request their records as to every time they called me Who knows if they would be honest though Probably better proof would be their carrier records but I'm afraid that may take to long or cost me in the end?