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  1. I just spoke with the CS of a law office for CACH LLC saying that my account has been sold to them for less than $400.00. I told them I can't afford that $200 settlement (i could but i don't want to because she became so rude) and asked for the name and address of the original creditor. She just said the name of the original creditor and said it was sold to them. I mentioned about JAMS and she became extremely rude. Saying that the arbitration agreement is not valid and has expired since I stopped paying on my account and that she will marked the account as "refuse to pay". I said.. Ok. What is my next step now?
  2. This is the 1st time I have ever posted a "Thread" .... but just got trial date and need help now. Hope I am doing this right!! 1. Who is the named plaintiff in the suit? Cach LLC 2. What is the name of the law firm handling the suit? Mandarich Law Group LLP 3. How much are you being sued for? $11K 4. Who is the original creditor? (if not the Plaintiff) Bank of America 8. What was your correspondence (if any) with the people suing you before you think you were being sued? NONE 9. What state and county do you live in? CA - Los Angeles 10. When is the last time you paid on this account? Never not our account 11. What is the SOL on the debt? 4 yrs 12. What is the status of your case? Trial date set for 2/13 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) YES 14. Did you request debt validation before the suit was filed? No -didn't known about it 15. How long do you have to respond to the suit? Complaints are for 1. Breach of Contract and 2. Common Counts -Answer filed already Did you receive an interrogatory (questionnaire) regarding the lawsuit? Yes answered all their discovery already. 16. What evidence did they send with the summons? Copy of Assignment, Copy of charge off statement, copy of card member agreement NEED HELP on propounding discovery on them specifically RFA's and what are cut-off dates for Pre-trial prep subpoenas Motion for Summary Judgment etc. in LA Sup Ct Limited Cases???? Where would I look for those dates and deadlines???? Have not heard from Mandarich since we filed answer either.... nothing, just the standard discovery requests everyone has posted on here... They r really pissing me off by submitting statements to the court on the CMC statement that they are trying to settle with us, when we haven't heard word one from them, other than discovery. Thank you in advance for any help with this nightmare...
  3. Just to start off, I have been reading here for over a week and there is so much wonderful information, words can not describe how much this site has turned my outlook around. So here we go.... 1. Who is the named plaintiff in the suit? CACH, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) XXXXXX 3. How much are you being sued for? $4500.00 4. Who is the original creditor? (if not the Plaintiff) HSBC 5. How do you know you are being sued? (You were served, right?) I found the papers in the driveway when I got home from work 6. How were you served? (Mail, In person, Notice on door) See answer 5 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Washinton State 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Probably around 1.5 years ago 11. What is the SOL on the debt? Not sure but I doubt I have hit them yet. I think WA is 3 years 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). So I looked online and it was filed on 7/3/2012. Under my name it has the date filed, but under the status part, it is just blank, i.e. no status. I found the summons in my driveway on 8/26/2012. I know WA is 20 days, but I am not sure if it is from the date that I found the summons or the day they filed. I still have time to file my answer and defenses if it is from the date I was "served". 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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. No, no idea the suit was being filed. I was never contacted by this CA. 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? Till 9/14... maybe... this is where I am not sure if I have been served "technically". Or if I even have to be served in person. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. An affidavit from HSBC signed by Michael Poczynek and a CC statement from 5/2011. One thing I did find in my online research is another affidavit signed by the same person for a "Bulk Sale of Accounts" the signature on that affidavit and the signature on my affidavit do not match. They are close, but it doesnt take an expert to know they are not the same. But both are notarized and they are about 9 months apart. I really dont know if this is any help to my case, but I did find it interesting. I also have another letter from another CA claiming I owe them this money too. Dated in Jan of this year. It has the OC as Metris and the creditor as CACH LLC. and some acct number I have never seen. Its not even a CC #. I never contacted this CA either. Thank you all so very much in advance....
  4. Help! I have never lived in Orange County California and just received notice that a collector (Cach LLC) has obtained a default judgement. I have no idea who they are collecting for so I can't speak to the validity of the claim. I just know that I have never resided in that county in California. I understand I should file a motion to vacate based on improper venue but that's it. I've checked but don't know how to go about doing this. Is this a generic form? Any guidance would be greatly appreciated. I live 10 hours from this area so I am also concerned about the possibility that I may have to travel to that area.
  5. Hello, Finally chimed in after actively reading through the forums because I felt my knees buckle this evening to find RFP, RFA in my mailbox today. I have been reading through these posts since first receiving a Summons from CACH/Mandarich Law Group on 1/15. I attempted to get a head start and sent BOP with my answer and filed with court, to which the CA replied that it was "inapplicable to account stated." Darn! I have recently received RFP, RFA, and Interrogatories, and will use some of the great stuff I found on this forum as I did the first time around...but my actual question is based on the following of events: The next day after being served, I received a message from a rookie rep at the collection attorney's office saying to call him...to which I did and he proceeded to negotiate a settlement with me and indicated this was "pre-legal." Seemed to me his system/notes was not up to date. In any case, I researched my rights under FDCPA, and have concluded the following: Your Representative,____, who in his attempt to contact me to collect a debt on behalf of your client CACH LLC (Plaintiff), has violated my consumer rights under the Fair Debt Collection Practices Act, Section 806(6) [Foti v. NCO Financial Systems, Inc., 424 F. Supp. 2d 643 (S.D.NY 2006)]. His recorded voicemail has been saved as evidence and note that in filing my pleading, I have reserved my rights to a counter claim and will consider naming your firm who at the time of the call was acting as collection attorneys on behalf of Plaintiff [Ditty v. Checkrite, 973 F.Supp.1320, 1335 (D. Utah 1997)]. Do I have anything useful here, if so, when should I present, how do I present, I know this won't go away easly, but neither am I. Your help is much appreciated.
  6. Hello I just wanted to give a shout out to all that post on this site, i wanted to say thank you , eventhough i never asked anyone any questions i read many post for many hours and on my own filled out all the paperwork that was needed, and in the end the lawyers working for Cach llc in California dropped the case without prejudice , so i may not have won the war but i did win the battle .I was amazed that the case was not dropped earlier when they didn't even show up on the hearing date but the judge wanted to know why they were not their and proceeded to make another date to find out why they were not their , and on September 13th of 2012 i showed up for the fourth time, I go to look to see when my case was up just to find i was taken off the calender they dropped the case without prejudice , was pretty mad i never received any paperwork.The 3rd time when i showed up and they didn't the judge told me i can sue against them for taking up my time and money so i may just do that ..so again Thank you everyone for all your insight ... Stormy1014u
  7. I am being sued by Cach LLC in Kentucky who is evidently a junk debt buyer of old credit card accounts of WaMu. I was married back in 2009 and the ex-wife loved signing me up for accounts without my knowledge, running up the charges, and then she would stop paying. We were divorced in 2010 and I honestly don't know if this is my account or not. In Feb 2012, I received the complaint and filed an Answer, denying everything within the time frame i had to answer them. Last month I received Interrogatories from the Plaintiff... however I didn't get a chance to answer them due to the death of my son's mother, his subsequent coming to live with me, moving to a new place in his school district, etc. Now I have received a Motion for Summary Judgment stating that because I didn't answer the interrogatories I am admitting that there's no defense to their claim and they should be awarded money, interest, attorney fees, etc. Does anyone know what I need to do now? I thought they would have to provide proof that I owed this money...surely they must have to provide a copy of a contract? Also, I am pretty sure that WaMu has charged off this debt and written it off their taxes as a debt...so how is Cach able to collect? Also, how do I know that Cach is authorized to collect on behalf of WaMu?
  8. Scenario: Sued By CACH LLC in wrong venue in California, fought that sucessfully to get it changed to current venue including submitting Answer and Interrogatories, etc. Then they took no action for 9 months. I've just been hanging out to see if/what they would do. Just received a Request For Trial Date so am working on a Counterclaim (which local rules say I can do any time before a trial date is set). Questions: 1. Do I need to put in anything other than a counterclaim? Or should I say, do I need to submit anything -with- a counterclaim? A motion of some kind required for counterclaim submittal? I haven't seen anything so far specifically, though various people on different forums submit it with various motions. 2. I just saw someone say one needed to amend the Answer if filing a Crosscomplaint? (nothing re: crosscomplaint was mentioned in my Answer/Affirmative Defenses). I don't see anything about that in local rules. Thanks.
  9. I have to throw a huge thanks to brjmhome6 and the sticky "Start To Finish Winning Against Midland Funding Aka Jdb!" I used a lot of stuff from this, however I added a few other items I found on the forum. In the end Midland dropped the case WITH prejudice, and settled for an undisclosed amount of money on my counterclaim! Here's how I did it: I received a dunning letter requesting payment. I returned my validation letter and received no reply or validation until a suit was filed (FDCPA, HELLO!). Here's the standard crap lawsuit Midland sent: COUNT 1-FOR MONEY LOANED COMES NOW Plaintiff and for Count 1 of its cause of action herein states: 1. Plaintiff MIDLAND FUNDING LLC is a limited liability company duly organized and existing under law. 2. Defendant [redacted] is a resident of ST. LOUIS CITY, State of Missouri. 3. All right, title and interest in the right to receive payment as described below were assigned to Plaintiff. 4. The original creditor [redacted] provided money by credit card to Defendant and/or for the benefit of Defendant and intended that the money be repaid by Defendant. 5. Defendant has failed to repay the money loaned and the balance due is 517.53 per the Exhibit attached hereto and incorporated by reference. 6. Demand for payment was made on or about January 16, 2012. WHEREFORE, Plaintiff prays judgment against Defendant in the sum of 517.53, together with interest thereon at the rate of 9.00 percent per annum from January 16, 2012, and for Court costs herein expended. COUNT 2-ON ACCOUNT COMES NOW Plaintiff, ALTERNATIVELY, and for Count 2 of its cause of action herein states: 1. Plaintiff incorporates by reference paragraphs 1, 2 and 3 of Count 1 as if set out in full herein. 4. Defendant is indebted to Plaintiff on account of credit provided by the original creditor [redacted] to Defendant at the Defendant's request in the sum of 517.53 per the Exhibit attached hereto and incorporated by reference. 5. The charges on said account were reasonable. 6. After all offsets and credits due Defendant, there remains a total balance due on said account in the amount of 517.53. 7. As a result of Defendant's failure to pay the above balance is due. Demand for payment was made and refused. WHEREFORE, Plaintiff prays for judgment against Defendant in the sum of 517.53, together with interest thereon at the rate of 9.00 percent per annum from January 16, 2012, and for court costs herein expended. [END ORIGINAL PETITION] Attached is a "Statement of Account" with my name (nothing else identifying me), Midland Funding listed as the owner, and the name of the original creditor. In reply I filed a written answer (not required by my court, but I definitely suggest it), affirmative defenses and a counterclaim: ANSWER AND AFFIRMATIVE DEFENSES TO PETITION COMES NOW [name redacted], Defendant pro se, as answer to SUIT ON ACCOUNT as filed by the Plaintiff: COUNT 1 – FOR MONEY LOANED 1. AFFIRM. Statement is a matter of fact. 2. AFFIRM. Statement is a matter of fact. 3. DENY. I have been presented with no evidence which verifies that Plaintiff is the holder of the account in question. 4. OBJECT. Any relationship between Defendant and [OC name redacted] is irrelevant to any money owed to Plaintiff by Defendant. Without waiving said objection, Defendant asserts he has no recollection of holding an account with [OC name redacted]. 5. OBJECT. See paragraph 4. 6. DENY. To the Defendant’s knowledge, no demand for payment was made. COUNT 2 – ON ACCOUNT 1. See paragraphs 1, 2 and 3 above. 4. DENY. First, Defendant has not held, nor currently holds, any contractual agreement with Plaintiff. Second, Defendant’s relationship (or lack thereof) with [OC name redacted] is not the subject of these proceedings. Third, Defendant denies knowledge of a previous contractual relationship with [OC name redacted]. And fourth, Plaintiff’s exhibit fails to show any exchange of services or goods between the Defendant or [OC name redacted]. 5. OBJECT. Plaintiff has failed to show that any charges exist on an account between the Defendant and Plaintiff or [OC name redacted]. Further, any information related to said account cannot be determined to be “reasonable” based on the Plaintiff’s attached exhibit. Without waiving said objection, Defendant denies knowledge of said account. 6. OBJECT. Plaintiff has failed to show that any charges exist on an account between the Defendant and Plaintiff or [OC name redacted]. Without waiving said objection, Defendant denies knowledge of said account. 7. OBJECT. Plaintiff has failed to show that any charges exist on an account between the Defendant and Plaintiff or [OC name redacted]. Without waiving said objection, Defendant denies knowledge of said account. As to the second sentence, Defendant denies that demand for payment was made, and therefore was not refused. AFFIRMATIVE DEFENSES 1. FAILURE TO STATE A CLAIM ON WHICH RELIEF MAY BE GRANTED: Plaintiff’s petition fails to state facts sufficient to constitute a cause of action against the Defendant for which relief may be granted. 2. STATUTE OF FRAUDS: No contract, written, verbal or otherwise, exists or has existed between the Defendant and Plaintiff. The alleged account falls within a class which requires a written contract, and no such device exists between the Defendant and Plaintiff (RSMo 400.2-201). 3. LACK OF LEGAL STANDING: Plaintiff has stated, through its petition, that the potentially aggrieved party in this matter is [OC name redacted]. As Plaintiff is and was not a party to the purported exchange of goods and services between the Defendant and [OC name redacted], Plaintiff is not aggrieved and therefore has no standing. (I DIDN'T INCLUDE THIS CASE LAW IN THE ORIGINAL, BUT MISSOURI RESIDENTS SHOULD INCLUDE CACH LLC v. ASKEW HERE!!!) 4. UNJUST ENRICHMENT: Plaintiff has failed to provide payment and charge summary to verify the amount of damages requested. 5. LACK OF PRIVITY: No contract, written, verbal or otherwise, exists between the Plaintiff and Defendant, therefore Plaintiff lacks the power and authority to collect relief on said account. 6. LACK OF CONSIDERATION: No money or item of value has been exchanged between the Plaintiff and Defendant. 7. UNCLEAN HANDS: Defendant alleges that Plaintiff has acted in a dishonest and/or fraudulent manner, and is therefore barred from relief. 8. According to Exhibit attached to Plaintiff’s petition, Plaintiff purchased the purported account from [OC name redacted], causing Plaintiff’s injury to itself, and therefore barring Plaintiff from relief. 9. Plaintiff’s complaint fails to allege that [OC name redacted] has knowledge of this action or that [OC name redacted] has conveyed all rights and control to the Plaintiff. The record does not disclose this information, and said information cannot be assumed without causing unjust prejudice against the Defendant. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time. WHEREFORE, [name redacted], Defendant Pro Se, prays this Court enter its order to DISMISS PLAINTIFF’S PETITION WITH PREJUDICE, and grant further relief as this Court deems reasonable. DEFENDANT’S COUNTERCLAIM ON PETITION COMES NOW [name redacted], Defendant pro se, as counterclaim to Suit on Account as filed by the Plaintiff, states as follows: 1. Plaintiff MIDLAND FUNDING LLC is, by its own admission, a limited liability company duly organized and existing under the law. 2. Plaintiff is a debt collector as defined under 15 USC 1692a, Section 803, Paragraph 6, and is therefore accountable under the Fair Debt Collection Practices Act. 3. Defendant resides within the City of St. Louis, Missouri. Therefore, the Circuit Court of St. Louis City, Missouri holds jurisdiction over this matter. WHEREFORE, Defendant alleges the following: 4. Plaintiff did knowingly violate 15 USC 1692e, Section 807, Paragraph 2 by falsely representing the character, amount and legal status of the debt in question. 5. Plaintiff did knowingly violate 15 USC 1692e, Section 807, Paragraph 10 by falsely and deceptively representing themselves in an attempt to collect a debt. Plaintiff implies by Petition that the original creditor, [OC name redacted], is a party to this cause of action, thereby falsely representing the Plaintiff in an attempt to deceive the Defendant. 6. Plaintiff did knowingly violate 15 USC 1692f, Section 808, Paragraph 1 by attempting to collect a debt not expressly authorized by the agreement, as no agreement exists between the Defendant and Plaintiff. 7. Plaintiff did knowingly violate 15 USC 1692g, Section 809, Subsection (a), Paragraphs 1-5 by failing to provide the Defendant written notice of the debt. 15 USC 1692g, Section 808, Subsection (d) forbids the use of the original petition as notice of debt. 8. Plaintiff did knowingly violate 15 USC 1692j, Section 812, Subsection (a) by compiling the original petition to falsely lead the Defendant to believe that the original creditor was participating in the suit. WHEREFORE, Defendant prays judgment against the Plaintiff for actual damages incurred, $1,000 as additional damages, and any other relief the court sees fit in compliance with 15 USC 1692k, Section 813. [END ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM] http://www.creditinfocenter.com/forums/there-lawyer-house/316073-better-start-finish-against-midland-funding-llc-2-5-a.html
  10. After my husband and I both lost our jobs in the same month, we were hit with a total financial crisis. Anyways long story short- About a year ago I tried to settle with Wells Fargo Credit Card for about 50% of the $5000.00 debt owed but they wouldn't budge! They countered with $3900.00. Eventually the debt was sold to CACH LLC and then the calls started from the Law office of Allan C Smith. They called numerous times a day, leaving me voice messages to contact their office. I called them once telling them to stop calling me and that I was currently on government assistance and there was no way I could pay the debt at the moment. That did not stop the calls, so I eventually changed my number. Then the letters started. The last letter I received from them dated March 1, 2012, had an interest amount added to the amount owed which I thought could not be added in the state of CA? The letter says: "We have tried several attempts to resolve the above mentioned account by seeking your cooperation. This letter is to notify you of our intent to review this file and determine if we should recommend it be transferred to an attorney in or near your city to proceed with those legal remedies available, including filing suit if applicable. As per your contract you may be responsible for legal fees, court costs, judicial interest, and other fees incurred that you previously agreed to pay upon default. The interest reflected above is as of the date of this communication, contact the firm to ascertain the current amount." My question is should I set up a payment plan or try to settle with them? And if I do, I have read this law firm never sends a letter of settled debt agreement or payment arrangement plan for proof. I fear if they do not send me an agreement letter, I am left with no choice but to wait until they sue me. But, I am currently still on government assistance, I just got a job but I am still well under the poverty line for a family of 4. I have no assets. Any advice would be greatly appreciated! Thank you in advance!
  11. I would like to know what my options are. I thought I had more time, but something told me to check the manilla envelope they sent me and I have to appear in court 5-14-12 9:30AM for an MSJ hearing. Here is the timeline in brief. I live in NY state, Queens County Early last year Cach LLC called and harassed me, and my mother about a debt. I tried to settle, cach bullied me, the terms were not fair. sent out debt validation letters they did not reply in 30 days(cannot prove mail wasn't certified) they sent envelope with account statements I mailed them a letter back, stating I needed more proof. they filed motion for lawsuit I responded with answers General denial I do not have business relationship with plaintiff Unconscionability Other: Harrasment [*]Conference was scheduled soon after [*]During the conference a trial date was set [*]I filed a motion for discovery [*]plaintiff filed motion for MSJ how do I strike the summary judgement?
  12. re: Compliant On or around 8/16/05, Defendant entered into an agreement with METRIS (credit grantor) for the extension through the use of credit. METRIS is not the name of the credit care company that I had an agreement with, all my documentation, including agreement states Direct Merchants Bank. The conversations I had trying to settle, the debt collector CACH LLC never verbabally mentioned Metris only Direct Merchant. Question: when replying to summons compliant, do I simply DENY this statement or do I state my reason as well (not who I have agreement with) I have learned that Direct Merchant is a SUBSIDIARY of Metris so not sure how this comes into play? Nothing I have has the company name Metris. Definition of Parties in agreement states Direct Merchants Credit Card Bank, National Association. 1 more Question: I live in MA, do you know where - or Is there online court information. Didnt find it yet if there is . THANK YOU!
  13. Hello board, I'm back after successfully handling Midland in 2010. A family member has been served this week regarding a junk debt with Washington Mutual/CACH LLC. The card was closed June 2011 according to suit. The family member has stated they have never had a card from WAMU. Their credit report states the same, it is a great report with no negatives. Naturally they are freaked and I am reading up on CACH and they seem to be just as brutal as Midland. The only step I've taken so far is to make contact with the local police department to fill out a identity theft report. My next step will be having the family member respond in court or retain an attorney in the city. Any feedback? Is there a template response to be used in Texas? Thanks, EMODE02 1. Who is the named plaintiff in the suit? CACH LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) RAUSCH STURM ISRAEL ENERSON & HORNIK LLC (Office located in Addison, TX) 3. How much are you being sued for? $3500 - $4000 4. Who is the original creditor? (if not the Plaintiff) Washington Mutual 5. How do you know you are being sued? (You were served, right?) Served, filed in County Court 6. How were you served? (Mail, In person, Notice on door) Process Server 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No contact what so ever. 9. What state and county do you live in? Bexar County, Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) No knowledge of having a Washington Mutual account ever. Not listed on credit report, all accounts current. Name is a common name in this region of Texas however my middle initial is not listed nor any DOB/SSN. 11. What is the SOL on the debt? To find out: Card closed June 2011 according to suit, no knowledge of having this card period. Statute in Texas = 4 years. 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). Summons served to me. Need to create response, file with Court and Plaintiffs attorney. Also seeking attorney referrals perhaps if I can’t handle this on my own. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Not listed on Credit Report. 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. No, no prior contact was made via Mail or Phone prior to being served. 15. How long do you have to respond to the suit? (This should be in your paperwork). 20 days. Clock started this week. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing attached but the suit/summons.
  14. I just noticed a soft inquiry from CACH LLC. I read that they bought a bunch of old BofA charge-offs without much documentation. I have an old BofA charge-off on my credit reports. But there is no sign of CACH other than this soft from CACH. Has anyone had experience with CACH? Are they likely the new owner of my BofA charge-off? CACH LLC 4340 S MONACO 2ND FLOOR DENVER, CO 80237 (303) 296-3345 Requested On: 06/01/2012 Permissible Purpose: TO ACQUIRE/SERVICE/INSURE ACCOUNT Here's more on BofA and CACH: Bank of America and Cach LLC Involved in Suspicious Debt Collections Happenings |
  15. Hi, CACH LLC. filed suit against me for a credit card debt that is past the Statue of Limitations. I responded to their discovery denying every single question and request on their special interrogatories, request for production of documents, and request for admissions. I felt that they want me to prove their case in court. They sent a "Meet and Confer" letter stating that they intend to work out the deficiencies on my response to their discovery without court involvement. They said that overall my responses to their Special Interrogatories are deficient and non-responsive. They have requested that I supplement my responses. With regards to the request for documents, they were asking that I find the requested documents and supplement accordingly. If I don't respond within their given timeframe, they will take action accordingly. My questions are : 1. What will happen if I ignore this "Meet and Confer" letter? 2. If I need to respond, how do I respond to this letter? 3. Should I send my own discovery to them? 4. Should I also send a request for a Bill of Particulars to CACH LLC? Thank you very much in advance for your help. sidea
  16. My husband received a petition for sums due in the mail. It is from Cach llc which we have never heard of. Does he need to answer it or does he need to be served first? I have no idea what to do. We are also moving out of state in a few weeks. Is it safe to just ignore it since we are moving?
  17. :DFresh off a victory against CACH LLC, Phillips & Cohen apparently took over an alleged debt from Barclays Bank Delaware. After I sent these buttsniffers a DV letter, they sent me back the usual pile of credit card statements with the usual threats and warnings. They claim the OC is their client by this verbage: RE: Our client: Barclays Bank Delaware - strange account number Don't you just love how these buttsniffers make the docs appear as though they are from a law firm... I have a few good ideas how to respond to this Pile O Junk from obvious JDB, but would love to hear some creative responses from this impressive forum.. :p TIA
  18. Hello, I've searched around for similar situations and read about the procedure but just wanted quick help and the best way to proceed in my specific situation. I live in California. I checked my CR and have three different CAs for three different debts. I want to settle the debt (hopefully with a lower negotiated amount). I wanted to know what you think the best exact process to follow is especially considering the bad reputations the CAs have. The CAs I’m dealing with and amounts: Cach LLC-$1001 4340 S MONACO SECOND FLOOR DENVER, CO 80237 (877) 248-8343 Enhanced Recovery Company-$188 8014 BAYBERRY RD JACKSONVILLE, FL 32256 (800) 658-0054 Portfolio Recovery-$843 120 CORPORATE BLVD NORFOLK, VA 23502 (800) 772-1413 My CR says the estimated time they will be removed is 2016. Should I send them DV letters certified mail first before offering a negotiated settlement? I’ve read that response times can take many months or not come at all. I just want to settle with them so it gets removed from my report as soon as possible. Should I try to pay-for-delete with Enhance Recovery Company since it is a small amount? Should I make a reduced offer to Cach LLC and Portfolio Recovery right off the bat in my first letter to them? How much should I offer them each? $250 each as per the 25% recommendation recommended in the guide on the website? Thank you for your help and guidance.
  19. My wife just got a summons today and i have been looking through this site and found alot of great info. I thought I would post here and see if I could get some advice for my case on a good place to start. Here is my info: 1. Who is the named plaintiff in the suit? CACH LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Pankowski 3. How much are you being sued for? ~$4000 4. Who is the original creditor? (if not the Plaintiff)CitiBank South Dakota 5. How do you know you are being sued? (You were served, right?)Summons 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? none that i know of 9. What state and county do you live in? Jasper Mo 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) <3 years 11. What is the SOL on the debt? 5 yrs 12. What is the status of your case? Suit served 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? All i was given was the court date of apr 9th. Charges are as follows. 1. AC breach of contract 2. Account stated. 16. What evidence did they send with the summons? 1. a certificate of assignment. (looks like a internal document) and 2. a barely legible copy of a generic bill of sale for "the accounts described in exhibit 1 and the final electronic file" My real question is what do you think the best answer should be for the claims against my wife? 1. Plaintiff is a limited liability company duly organized and existing under and by virtue of laws of the state of colorado and is the assignee of the contract and/or account referred to herein 2. at all times relevant herein, defendant was a resident of jasper county 3. the debt sued upon arose and the plaintiff's cause of action accrued within jasper county 4. plaintiff's assignor entered into an agreement with (my wife) and extended credit on account to defendant who utilized this credit, the charges of which were reasonable, as per affidavits/ statements attached and incorporated herein; however a outstanding balance remains. 5. demand has been made upon defendant, but payment has been refused. 6.after all credits, the amt due on said account for unpaid balance at time of placement was (~$4000) and interest after placement in the amount allowed by law, plus any other fees the law will allow. count 2 1. plaintiff restates and realleges each and every paragraph of count 1 as if fully stated herein. 2. before the institution of this action the plaintiffs assignor and defendant had business transactions between them 3. plaintiff assignor rendered a statement of account and the defendant did not object to the statement 4. defendant owes plaintiff (~$4000), with interest of 9% from date of demand on the account. So what do you think guys, and and all help would be greatly appreciated .
  20. I was wondering how to know if alone CACH LLC AND MIDLAND has how many litigations going on alone in the state of Nj and how many bill of sale and certifications they have crafted under oath from their vice presidents.If they have just 50 cases going on these scum bags have created 50 fake vice presidents. So if you are sued by CaCH LLC and they have submitted a bill of sale,assignment and affidavit can you please just post the name of the person and position who signed these in your case.
  21. Let me start by saying I have read so much in the past few days...I feel like I am getting lost in all of the information here. If anyone has a lawyer they recommend in the LA area of California id like to know as I feel this is over my head. 1. Who is suing you? Mandarich Law Group who is representing CACH LLC 2. For how much? $3,184 3. Who is the original creditor? HSBC 4. How do you know you are being sued? I was served a summons 5. How were you served? Were you served? I was served where I live. I personally was not served, my landlord signed for it 6. What was your correspondence (if any) with the people suing you before you think you were being sued? I never spoke once to Mandarich Law Group, although they have called me since being served and left a message 7. Where do you live? California 8. When is the last time you paid on this account? I honestly do not know, a valid guess to the best of my knowledge would be 2 years ago 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Future Hearings 08/10/2012 at 08:30 AM in department F44 at 9425 Penfield Ave., Chatsworth, CA 91311 ORDER TO SHOW CAUSE 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I have not 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. I didnt 12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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? I didnt recieve a questionnaire...They are suing for Breach of Contract & Common Counts 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? They included the Summons, the complaint, Declaration of Venue, Declaration in support of reduced filing fee, civil case cover sheet, civil case cover sheet addendum and statement of location, notice of case assignment-limited civil case
  22. Hi! Brand-spankin' new here, though I have been reading for awhile. Here's the scoop: I have had an account with Beneficial for awhile, paid on it like I was supposed to for years, of course never got anywhere with paying it down (wish I had never gone with them!). My husband had an account with them too - that is for a different discussion. We both did their modification for six months, and at the end of that time, the payments and interest shot back up, we paid for awhile, but then could not continue and decided to stop paying them, sacrificing one account instead of several others. I have a medical collection on my credit report from 2008 (two actually, one big one small) and HSBC/Bene was the only other dark mark on the credit report. For the last couple of months, Bene hasn't been on my credit report at all - my husband's credit report did not show his either, now it does, as a charge-off, so I feel that's coming for me too. I got a letter beginning of November 2011 from ACE (Associated Creditors Exchange) about this account, and one time actually answered the phone because I was tired of getting the calls and was ready to just face it. "Silvia" lead me to believe she was with Bene (not ACE) and we spoke briefly, mainly me telling her I didn't have time to talk but wanted to, I took down her info and checked it on the net, to discover it was ACE...I did not call them back. Fast forward to now, January 2012. I have had calls from Alan at the office of Larry Roach, as a rep for CACH LLC. Alan is rather decent, though I do not trust him. We have talked a couple of times (probably too much) and he is trying to iron out a deal for me. I have recorded every conversation we've had. I was supposed to call him back last night, and decided to try calling Bene instead. When I finally got someone at Bene, they told me I needed to call this other number, which turned out to be ACE - I thought it was another part of Bene. I think I got lucky and spoke with a new guy, only his third day on the job. He was nicer than he probably should have been and I am sure he told me more than he should. He told me, 'good news! it's not charged off, and it's not with us, it's going back to Beneficial. It's just in limbo right now...give it about a week or so, it should be back at Beneficial by then." He supposedly got that info from his supervisor. Anyway back to alan/Roach/CACH - the letter from Roach (dunning?) dated 1/19/2012 states that 'CACH has purchased my HSBC account and they are giving me another opportunity to resolve the outstanding balance due'. What do I do? Send letter of debt validation? I do/did have an account with HSBC, and I would like to settle, but I don't want to keep paying over and over for this....CACH is a junk debt buyer, yes? How do I end this?? What do I do next? And I'm guessing I should no longer talk to Alan about a settlement? Does any good ever come from talking with someone? (btw, Alan was saying that I had until Jan. 31st to make a deal...apparently bad things happen after that.) Thank you for reading through this, and for any constructive help you can provide. This disappearing from my credit report is a little confusing...too bad it can't just *poof* to nowhere for good. Best to you~parkway28
  23. I am in the process of straightening out my credit now that my financial situation has improved. A default judgment was placed against me for $6,030 by Cach LLC for Bank of America in 8/2009. I live in GA. I am confused about a few things. I got a letter dated March 1, 2011 from Frederick J Hanna and Associates, Attorney at Law saying that they represent "Cach LLC Assignee of MBNA America Bank," and that they wanted to discuss settlement options for the amount of $7,791.70. I then got another letter from Fredrick Hanna dated June 17, 2011 trying to collect on a balance of $7,449.47. In this letter they say a payment of 35% of the current balance will be accepted by August 30 as payment in full. Why are there two different balances, with the earlier one being less?? First off I'm confused as to why Frederick Hanna is sending me letters. I know collection agencies buy debts, but a collection agency representing a collection agency (Cach LLC)? It's strange. The judgment is on my credit report, the collection from Cach is on my credit report and of course the original account from Bank of America that was charged off is on my CRs. I tried to remove with the CRAs but no luck. I want to pay this and move on with my life (I don't want the judgment to be renewed). I don't think vacating with payment is even possible? I cannot afford to pay the whole amount. Thirty to forty percent of the balance would be the most. I thought I could just negotiate a settlement with Frederick Hanna since they had earlier already offered 35% even though it was past August 30th so I decided to give it a try. It did not go well, lol, when I called them. I think I made a mistake in calling. We did not even get to discussing the judgment and settlement. She had an attitude from the get go in just pulling up my information and it ended with me saying I didn't want to take this any further and she hung up on me. Where should I go from here?. Should I just get a lawyer? Do I even have to contact Frederick Hanna? I was thinking about calling Cach to see if they still have my account but hesitate after today's debacle. Guidance would be greatly appreciated on how to handle this! I'm kind of lost.
  24. 3 months or so ago I was being sued by CACH LLC. Went to pre-trial and a date was set. In the meantime I motioned a bunch of stuff to the court one being a motion to dismiss with prejudice. Never heard anything so I call the clerk of Court for Kyrene west justice court in AZ. She told me the judge had ruled and granted my motion to dismiss with prejudice. I looked online and even took screen shots of this on 3 different court web sites to verify. It did say adjudicated for the last 3 or 4 months but I never got a letter from the court so I kept calling to make sure and they kept saying the same thing "was dismissed with prejudice. Yesterday I got a call from CACH LLC's lawyer asking to settle before court tomm 01/05/2012. I politely told her she was wrong that this was dismissed. She called the clerk of court and was told the case was still on. So I called and the clerk said that the case was not dismissed and I needed to show up in court. I told her the story and she told me there had been a mistake and the dismissal was corrected that day. The problem was and is I can still go to those same court web sites and it be adjudicated on two state court sites but not on another. I took screen shot and saved the urls and put in a doc. My question is how can the court do this and get away with it because I was told it was a done deal in my favor and now it is not. I stopped preparing for it and threw anything CACH LLS lawyers where sending in the trash. What can I file? What can I do? Can I get it thrown out because of the courts mistake and make them refile?? Hope I am making sense.
  25. 3 months ago got dunning letter from Richard Clark on behalf of Cach llc. Sent a dv letter a week later, I have the signed green card. I have received no validation at all from Richard Clark or Cach. Well yesterday Suzie called and left a voice mail, saying I'm from the law office of Richard Clark please call me at our 1-800 number. My question is this considered continued collections. I haven't received anything else in writing from them besides the dunning letter. Thanks from the Sandcrab:)
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