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  1. ok new to this so bear with me . i already answered the summons and i sent out a cease and desist order a notice of appearance and a bop i asked for items and details of account, cause of action of goods sold and delivered money had and received money lent or paid quantum meruit of plaintiffs complaint is based including date of each transaction,description of services materials supplied and or other considerations rendered,the price and charge made for each itall payments and credits that have been made to the account,also contract assigning the account to plaintifff and other means by which plaintiff determined amount owed and for what agreement and or contract of the revelant account .they sent me a blank contract ,charge off statement and an affidavit of sale and say investigation is ongoing and plaintiff reserves the right to supplement this response if upon discovering additional documents responsive to this request....so whats my next move ... thanks stormy:)++
  2. Anyone have any referals for a good LAWYER so I can get rid of her and them? New here and there is so much to go through not sure where to start. They lied and I got the judegement vacated, Fought their motion for summary judgement and won. Now we have to go to trial need some advice.
  3. Got a letter from "the law office of Richard Clarkpllc." The address is a p.o box in houston texas. It says we bought you'r account from citibank. I'm getting ready to send a d.v letter to him. I was wondering is he licensed to collect in Arizona. I'm in Mesa. Can he try to collect if he's not licensed in AZ. I googled him and I found he is affiliated with cach llc Does anybody have any info on cach llc. I read a little on the web and they don't seem very nice. Thanks from the sandcrab.
  4. Civil · Tentative Rulings DEPARTMENT 77 LAW AND MOTION RULINGS Case Number: 09K22549 Hearing Date: August 09, 2011 Dept: 77 STATE FARM MUTUAL AUTOMOBILE V. WINANS, STEVEN P’s Motion to Vacate Court’s Dismissal of 11/9/2010 is GRANTED. CCP 473(. The dismissal is vacated. The court sets an OSC re Entry of Default Judgment in Department 77 on 9/30/11 at 8:30 am. P should proceed by the way of CCP 585(d) declaration through Legal Process. P’s attorney is to pay $250 in monetary sanctions pursuant to CCP 473©(1)(A) to the court no later than 8/23/11. Case Number: 10K17728 Hearing Date: August 09, 2011 Dept: 77 EQUABLE ASCENT FINANCIAL V. CHAVEZ, LYDIA P’s Motions for Compelling Responses to Special Interrogatories; Responses to Demand for Production of Documents; and to Deem Requested Admissions Admitted are CONDITIONALLY GRANTED. CCP 2030.290, 2031.300, 2033.280. P filed three discovery motions, but paid only one filing fee. P must pay an additional $80 in filing fees before the Motions will be heard. D filed no opposition. Once the filing fees are fully paid, the Motion should be granted. D Lydia Chavez is ordered to respond without objection to P’s Special Interrogatories (Set One) and to P’s Demand for Production of Documents without objection within 20 days. Requests for Admissions (Set One) Admissions 1-9 served on 3/3/11 are deemed admitted against D. D is ordered to pay monetary sanctions of $350, plus filing fees within 20 days. Case Number: 10K18785 Hearing Date: August 09, 2011 Dept: 77 EQUABLE ASCENT FINANCIAL V. DAVIS, BYRON P’s Motions to Compel Responses to Special Interrogatories, Requests for Production of Documents and To Deem Requests for Admissions Admitted are DENIED. CCP 2024.020 The Motions are made beyond the date for completion of discovery, as the trial date is 8/16/11, 7 days after the Motion hearing date. In addition, the court finds that plaintiff has paid only one $40 motion fee. Yet P has filed 3 motions. P should have paid an additional $80 in motion fees. No monetary sanctions are ordered. P is to give notice. Case Number: 10K19015 Hearing Date: August 09, 2011 Dept: 77 10k19015 8/9/11 EQUABLE ASCENT FINANCIAL V. BENJAMIN, FLOWER P’s Motion to Compel Responses to Interrogatories, First Request for Production of Documents, and to Deem Requested Admissions Admitted is GRANTED. D is to respond with verified responses without objections to the first set of special interrogatories and the first set of request for production no later than 8/23/11; responses are to be sent to plaintiff’s attorney’s law offices; Also, the Requests for Admissions [set one] are deemed admitted D is ordered to pay sanctions in the amount of $350. P to give notice. Case Number: 10K19290 Hearing Date: August 09, 2011 Dept: 77 Case Number: 10K19398-1 Hearing Date: August 09, 2011 Dept: 77 RUDDOCK, PHILLIP SPENCER V. GUZY, PAMELA RAE D’s Motion to Dismiss is GRANTED. CCP 2023.030 (d) (3). P failed to respond to D’s Interrogatories after they were served 1/21/11, and then again after the Court ordered D to provide responses on 6/9/11. P has failed also to comply with the court’s 6/9/11 order to pay sanctions of $540 to D. The complaint filed by plaintiff Phillip Spencer Ruddock, an individual and dba Phillip Spencer Design is dismissed pursuant to CCP 2023.030 (d) (3). P is ordered to pay an additional $450 in sanctions within 20 days. D to give notice. Case Number: 10K19464 Hearing Date: August 09, 2011 Dept: 77 PORTFOLIO RECOVERY ASSOC. V. PETERSON, MICHAEL J. P’s Motions for Compelling Responses to Special Interrogatories; Responses to Demand for Production of Documents; and to Deem Requested Admissions Admitted are CONDITIONALLY GRANTED. CCP 2030.290, 2031.300, 2033.280. P filed three discovery motions, but paid only one filing fee. P must pay an additional $80 in filing fees before the Motions will be heard. D filed no opposition. Once the filing fees are fully paid, the Motion should be granted. D Michael J. Peterson is ordered to respond without objection to P’s Special Interrogatories (Set One) and to P’s Demand for Production of Documents without objection within 20 days. Requests for Admissions (Set One) Admissions 1-9 served on 1/27/11 are deemed admitted against D. D is ordered to pay monetary sanctions of $350, plus filing fees within 20 days. P is to give notice. Case Number: 10K19497 Hearing Date: August 09, 2011 Dept: 77 SATO, SHARI V. FIRST TRANSIT COMPANY D’s Motion to Continue the Trial Date is GRANTED. Jury trial date of 11/2/11 is continued to Department 77 at 8:30 A.M. on 2/6/12; all trial related dates are also continued as if the new jury trial date is the original date set for trial. Mediation completion date remains 10/13/11. D to give notice Case Number: 11K00932 Hearing Date: August 09, 2011 Dept: 77 ROBINSON, NAILA V. LOS ANGELES COUNTY MTA D’s Motion to Compel Responses to Interrogatories is DENIED. Defendant propounded the interrogatories on Nalia Robinson, not Nalia Robinson, a Minor by and through her Guardian Ad Litem Mikki Robinson. D’s Motion to Compel Responses to Demand for Production of Documents is GRANTED. Plaintiff Nalia Robinson by and through her Guardian Ad Litem Mikki Robinson is ordered to respond to Demand for Production of Documents (Set One) served on 3/25/11 within 20 days without objection and pay Defendants sanctions of $450.00 P to give notice. Case Number: 11K01616-1 Hearing Date: August 09, 2011 Dept: 77 MIDLAND FUNDING V. ADAIR, MARK P’s Motions for Compelling Responses to Special Interrogatories; Responses to Demand for Production of Documents; and to Deem Requested Admissions Admitted are CONDITIONALLY GRANTED. CCP 2030.290, 2031.300, 2033.280. P filed three discovery motions, but paid only one filing fee. P must pay an additional $80 in filing fees before the Motions will be heard. D filed no opposition. Once the filing fees are fully paid, the Motion should be granted. D Mark Adair is ordered to respond without objection to P’s Special Interrogatories (Set One) and to P’s Demand for Production of Documents without objection within 20 days. Requests for Admissions (Set One) Admissions 1-9 served on 3/03/11 are deemed admitted against D. D is ordered to pay monetary sanctions of $350, plus filing fees within 20 days. P is to give notice. Case Number: 11K01650 Hearing Date: August 09, 2011 Dept: 77 EQUABLE ASCENT FINANCIAL V. MIDDLETON, ERICA P’s Motions for Compelling Responses to Special Interrogatories; Responses to Demand for Production of Documents; and to Deem Requested Admissions Admitted are DENIED. CCP 1005(. P’s Motions were untimely filed. CCP 1005(. P filed the motions on 7/27/11 for an 8/9/11 hearing date, which is only 9 court days notice; 16 court days, plus five days for mailing are required by the statute. Note also: If P seeks to re-file and serve the motions, P must pay filing fees for 3 motions. P is to give notice. Case Number: 11K03777 Hearing Date: August 09, 2011 Dept: 77 FORTIS CAPITAL II V. KOENIG, TATYANA P’s Motion for Requests for Admission to be Deemed Admitted is GRANTED. CCP 2033.280(. P’s Requests for Admissions (Set One) are deemed admitted against the defendant. D is ordered to pay $240 in monetary sanctions. P is to give notice. Case Number: 11K05508 Hearing Date: August 09, 2011 Dept: 77 VION HOLDINGS LLC V. BOHANAN, DARRYLDANE P’s Motion to Deem Requests for Admissions Admitted is GRANTED. CCP 2033.280 D failed to respond to P’s Requests for Admissions served 4/26/11. Admissions are deemed admitted against D Darryldane Bohanan. D is ordered to pay $240 in monetary sanctions within 20 days. CCP 2023.010-030. P to give notice. Case Number: 11K07474 Hearing Date: August 09, 2011 Dept: 77 CACH LLC V. COVARRUBIAS, MANUEL P’s Motion for Judgment on the Pleadings is GRANTED. CCP 438 ©(1)(a). P’s complaint establishes the existence of a contract between the original creditor and D; that D breached the contract and owes money to P as successor in interest to the Original Creditor; and that D failed to pay the amounts owed. D’s Answer failed to state any affirmative defenses. Judgment may be entered as follows: Principal balance due:$8,869.95 Costs: $325.00 Total Judgment: $9194.95 P to give notice. Case Number: 11K08096 Hearing Date: August 09, 2011 Dept: 77 GCFS V. BENDAVID, GILA P’s Motion for Judgment on the Pleadings is GRANTED. CCP 438 ©(1)(a). D failed to state any affirmative defenses in her Answer or file any opposition to the Motion. Judgment may be granted as follows: Principal balance due: $8,925.56 Interest: 0. No signed contract regarding compound or 24% interest was submitted. CC 1916--2 Attorney fees: $500.00 Costs $330.00 Total Judgment: $9755.56. Case Number: 11K09360 Hearing Date: August 09, 2011 Dept: 77 GREENE, CEDRIC V. LOS ANGELES COUNTY SHERIFF D’s Demurrer to Plaintiff Cedric Greene’s First Amended Complaint is SUSTAINED with 20 days leave to file a Second Amended Complaint. CCP 430.10. P failed to state sufficient facts to constitute any cause of action against D County of Los Angeles pursuant to Government Code 815 et seq. Plaintiff failed to state any facts to show that D’s conduct was extreme and outrageous or that P suffered any emotional distress as a result of D’s conduct. D to give notice Your affirmative defenses better be tight and answer the discovery or They will sink your battleship. Just to show what happens to us even if we fight. The JDB and CA's are stepping up their game so should we.
  5. I got a summons from CACH LLC claiming the OC is METRIS. I've never heard of them and certainly didn't have a cc with them. Along with summons is an affadavit by the attorney. No contracts, statements, nothing to show what the debt is other than it was a credit card. The complaint is extremely lengthy and complicated. I know I can't do this myself but I really don't have any money for a lawyer. Although I can't afford to get a judgement and have wages garnished or I will lose my home. I have 20 days to answer. Any suggestions?
  6. Hi, Today I got served with a summons for a breach of contract with a credit card company. There are a few problems that stand out. The suit was filed by a local attorney on behalf of CACH LLC. I'll start off with the first problem. Under specific allegations it says " On Oct 02, 2010 plaintiff also informed defendant, in the event that plaintiff were required to bring action in court to enforce plaintiff's rights under the agreement, that plaintiff would seek an order for attorney's fees and costs. A true and correct copy of the letter to defendant notifying them of plaintiff's intent to seek attorney's fees and costs is attached as exhibit "D". Now here's the problem, I never received such letter on or around Oct 02,2010. But I did get an identical letter dated April 19th, 2011. So the letter they submitted as exhibit "D" I did not get in Oct 2010 as they claim but in April of 2011. The only difference on the letter is obviously the date and that the letter I have is signed by the attorney and the one they filed with the court is not signed. Other then that, the letters are identical. So it appears to me they might have reproduced a letter with a date 6 month earlier. Now here's the other strange part that goes with that letter. When I received the letter on April, 2011 saying that I owed $5000 for an MBNA credit card, I sent the law office a certified letter asking them to validate the debt. In the letter I asked them to send complete payment history on this account, agreement with a signature that the alleged debtor promised to pay and agreement with their client that authorizes them to collect the debt. Well, I never got anything from them. Instead I got a summons today ( 3 months later) I have the delivery confirmation and copy of the letter I sent them back in April 2011 ( 5 days later) after receiving their letter. Also on the summons they attached as exhibit "B" a standard credit card agreement from the credit card company. But nothing that has my signature. It appears to be just a generic terms and conditions. What I want to know is how should I proceed? Not only is the letter they are providing to the court not the true letter they claim it is as the dates on it are obviously wrong ( off by 6 months) but they never provided me with a verification of this debt I requested by certified mail. I know I should answer the summons but what should I do about the exhibits they provided in the suit? Thanks !
  7. Hello! First, I'd like to thank everybody involved with this site. I've been reading for the past few days, and have learned so very much. Late last week I was served a summons/complaint. CACH LLC has hired a local attorney and has filed in civil court. As I said, I've done a lot of research and read through dozens of threads. I was hoping that I could get some advice regarding the best way to respond to the complaint, which is written in a very "awkward" manner (at least it appears that way to me) making it difficult (for me) to determine how to best respond. They've assembled the complaint into paragraphs as follows: Paragraph I Plaintiff is limited liability company duly organized and existing under the laws of the State of Colorado. Paragraph II The Defendant is a resident of Maricopa County, State of Arizona, and at all times material hereto the Defendant, XXXXXX, was acting for and on behalf of his marital community. Paragraph III The Defendant, XXXXXX, had a contract with XXXXXX Bank (hereinafter referred to as original creditor" entitling him to make purchases on credit. A copy of a "standard" contract utilized by the original creditor is attached hereto as Exhibit A and incorporated herein by reference. Plaintiff has purchased said contract and has been assigned or otherwise transferred all rights thereto. Paragraph IV Defendant, XXXXX, breached the contract with the original creditor by failing to maintain monthly payments on the balance due and owing pursuant to the contract. The balance claimed due when Plaintiff purchased said account was $XXXXXX. See Exhibit B attached hereto and incorporated herein by reference. This amount does not include accruing interest. Paragraph V Plaintiff has demanded that Defendant perform his obligations under the contract. Paragraph VI Defendant has failed and refused, and continues to fail and refuse to pay the amount claimed due. Paragraph VII This action arises out of a contract with provides for reasonable attorney's fees and costs. Plaintiff is entitled to recover its reasonable attorney's fees and costs pursuant to the contract and/or law. The complaint had attached a "standard" (their wording) credit card agreement. They also provided a computer invoice on CACH letterhead that states my name and address, the prior and current alleged account numbers, and the alleged account balance. No proof of assignment, no bill of sale, and no credit card statements. Any help, especially thoughts about how to respond to each paragraph would be GREATLY GREATLY appreciated!
  8. For the full details..regarding Class Action lawsuit THE PEOPLE vs. CACH LLC ; IT IS OVER BOYS AND GIRLS -RICO AGAINST CACH LLC- , ROBERT PAISOLA REPORTS - Crime, Background Checks, Foul-Play, Fraud And Investigations - Zimbio Your REMEDY, Go To Work!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! THE PEOPLE vs. CACH LLC ; IT IS OVER BOYS AND GIRLS -RICO AGAINST CACH LLC- , ROBERT PAISOLA REPORTS - Crime, Background Checks, Foul-Play, Fraud And Investigations - Zimbio Download the full story by google " RICO CHARGES TO BE FILED AGAINST CACH" If you have had problems with CACH, you might want to consider joining this Class Action.
  9. Just got a letter back from CACH LLC, in which they are claiming that they are NOT "debt collectors", but merely "purchasers of charged off receivables". They go on to claim that they themselves do not engage in debt collection activities, but only hire "third parties" to do so. While not explicitly stating so, they seem to be claiming by implication that they are exempt from the FDCPA! But what really puts the icing on the cake is the all-caps account status that they show, saying "COLLECTION! SERIOUSLY PAST DUE!" and right below it "This letter is not an attempt to collect a debt". LOL. I think the hardest part of suing these guys will be avoiding carpal tunnel from listing all their violations!
  10. Im just looking for some advice/ guidance my grounds of defense are due by friday. I recently located in a box in my attic the entire statement history for the CC in question. i know I owe this money but is Cach LLC entitled to collect said money. I am not sure. i think the Law firm has provided sufficient docs to show I owe but not sure that cach owns frankly i've become lost. I have done some research and a lot of reading and frankly I have not been able to dedicate enough time and energy to this matter due to life events. Obviously I need to file a response to avoid a default judgement, I think I would like to avoid going to court and just take care of the debt. I am not sure of what to say for GoD. How should I go about making arrangements with law firm. Do I wait until court date, Do I wait until they have received GoD then contact and advise I no longer wish to dispute and would like to make payment arrangements? I've looked into ARB but not sure that is the route to go. This mat be beyond SOL they show a payment last may however no payment came from my bank accounts? did they re-age? how do I prove so. I just don't know and think I am in over my head any guidance is appreciated I have another thread entitled "served a warrant in debt in Virginia" with most any other info
  11. SHOULD I SUE NOW -------------------------------------------------------------------------------- I have asked for validation No Reply Disputed with CRA's they claimed some were verified and changed verify dates. Some accts they said were verified but verify dates stayed the same {several years old} Please read my letter. TU just sent me a form letter reply. stating I should contact OC's Should I sue Now Trans Union P O Box 2000 Chester, PA January 23, 2010 File # 0000003 To Whom It May Concern: On 12/16/2009 I requested an investigation requesting that you investigate and remove several inaccuracies listed on my report that do not relate to me . On 1/15/2010 I received your reply which is very disturbing to me and I believe you have violated my rights under FCRA. My first issue is in regards to your verification process on the following items: 1. First Premier Bank: Your company claimed you “Verified No Change” yet in your own report dated 1/15/2010 you show that this account was last date verified on 04/2008. 2. Capital One Bank USA NA : You claim once again in your report of 1/15/2010 you verified this debt and reported “Verified No Change” your report shows date verification date 05/2007 3. Mazda American Credit: Your company listed “Verified No Change “ on 1/15/2010 your report shows dated verified on 06/2006. I request under Fair Credit Reporting Act Section {611}{a}{7}your method of verification. In your report you clearly did not verify these items under FCRA. laws and are in violation for willful non-compliance. I request once again your company remove these erroneous items immediately. My second issues in regards to your report dated 1/15/2010 are .accounts claimed verified by your company in violation of FDCPA. 1. CACH LLC: On 12/9/2009 I made a VALIDATION request, {enclosed} under the laws regarding the FDCPA. My request was sent certified, return receipt and I never received a reply or validation of this account. Trans Union claims that they verified this account 1/2010. 2. Jefferson Capital System: On 12/9/2009 I made a VALADATION request,{enclosed} under the laws regarding FDCPA My request was sent certified , return receipt and I never received a reply or validation of this account Trans Union claims that they verified this account 12/2009. I request once again your “method of verification “under FCRA Sec :{ 611} {a} {7} please include the exact date of your verification and name of individual who verified this debt. If Jefferson Capital or CACH did indeed verify these alleged items they clearly violated the FDCPA. As you are aware in a Federal Trade Commission opinion letter dated 12/23/1997 it clearly states that a collection agency cannot report a debt to you which has not been validated I have fully investigated my rights in this matter. I may presume that no proof of the alleged debt has been validated nor therefore any such debt, in fact exists. please see Engelhardt v Gravens (Mo) 281 SW 715, 719 Also, under the Fair Credit Reporting Act, these disputed items may not appear on my credit report if they cannot be supported by any evidence. I have challenged all these items to the letter of the law and I will not stand by while Trans Union and these other companies report these erroneous highly injurious items. Under the Fair Credit Reporting Act, if these creditors and collection agencies cannot verify the debt within 30 days, then it must be removed. Your letter to me claims to have ‘verified’ the debt, but this is in fact not true under law and its even contradicted by the facts on the report itself. Simply contacting the alleged creditor and asking them to match up numbers in their database or contacting a third party is not sufficient verification.Trans Union is well aware of the laws regarding these issues. I have provided more than sufficient evidence to get these inaccurate accounts removed. I require a clear, concise response, on point, in writing, hand signed, and in a timely manner. If I get another computer generated letter from Trans Union saying that it has already been ‘verified’ then I will have no choice but to file suit for your willful non-compliance of the FCRA. . I will also file formal complaints with the Federal Trade Commission, Connecticut Attorney General, and the State of Connecticut Dept of Banking I will give you 15 days as required by law to investigate and clear this matter. Sincerely .
  12. I would like to know if a "Certificate of Assignment" from CACH LLC can also be considered an affidavit? there certificate states who the origininal creditor was and that they are now the owner and the amount allegedly owed but no info on who they bought the alleged account from, for how much, or date of alleged purchase. anyone know anything about cach documents?
  13. Last week I got a debt collection letter from Abundance Holdings in Atlanta, GA, claiming I owed a debt for Chase Bank, which by the way was impossible to locate any information via the interwebs on this company and the phone number they provided does nothing but ring never get answer. Anyways, I sent a debt validation letter. First, let me mention that I do not dispute that I owe, but I do dispute the amount they claim I owe...a fact I didn't inform them of, but in this stage, I just want validation. Today I received the following: Abundance Holdings, Inc assignee of Chase Bank vs. Jennifer M. XXXXXXXX BOA account no. XXXXXXXXXXXXXX Our file no. XXXXXXXX Dear Ms. XXXXXXXX I have your form "dispute/verification" letter. I have asked many people over the last year or two to let me know what website you are getting this from. Would you tell me? I hope you are not paying to subscribe to this website. Nevertheless, we have confirmed that the amount demanded in the Statement of Account previously sent to you is correct. This account was opened in July 2002 and the last payment was in October 2005. This account is appearing on your credit report and has been for some time. Please provide us with any evidence that you have previously disputed this account with Chase or a credit bureau. Please contact us at the number provided above if you wish to resolve this matter. Thank you for your consideration Valencia Holdings, Inc Okay---first, I did NOT copy my letter from a web site, so they just insulted my intelligence. I happen to be smart enough to know how to write, and intelligently at that. Second, which are they? Abundance Holdings or Valencia Holdings? Third, are they suing me?! Their letter indicates to me that they are with the "vs." And I never had a BOA account...I had a Chase account, which are they trying to collect on? This is past SOL, they indicated as such by giving a 10/2005 date as last activity. Oh, and they found my info on my credit report...Nice, I can do that too. Except they $2655 they claimed I owed in the first letter they sent is the amount Chase shows on my credit report. It was then bought by CACH LLC in which I paid the amount down to $1718 before I was unable to continue making payments; my credit report displays this information and the fact this account was purchased, so they want more than what I legally owe. And didn't they claim to be an assignee of Chase? How? Chase wrote it off and sold it. Oh, and they want me to provide evidence...uh, no, that isn't how verification works. And the number they wish for me to call? 770-641-7900 isn't toll free, and I HAVE tried calling numerous times and they are wasting my money by not having an at the very least, an answering machine to take my call! I plan on seeing an attorney, I feel there are numerous violations in here in regards to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809, but I would like your all's advise first. Please and thank you
  14. Roms

    Not again

    I am little rusty since my last experience with collections, so her we go again. I received a letter from a local attorneys office that my account has been referred to them by Cach llc. The letter included another sheet "notice of right to cure default" This includes an account# of cach llc with address info and current amount. I do intent to requests validation. Who would be the collection agency in the situation under FDCPA Section 809 (? What would be consider validation? I just got this today so I have not done much for pulling old records. I assume this is from a CapO account that I have disputed charges and they kept telling me it was taken care of and a month later the charge re-appeared. I finally told them I will not pay them a dime until they can provide me a list of every transaction associated with this dispute. They never provided this info.
  15. Hello! I have some questions regarding a recent lawsuit brought by CACH LLC. The specifics are as follows: Who is Suing me?: Joe Pezzuto on Behalf of CACH LLC Amount?: Around 1000.00 Original Creditor: HSBC Best Buy How do I know I'm being sued: I was served with a complaint about a month ago Was there correspondence before the suit?: None that I can recall Where I live?: Arizona Last time I paid on the account?: Approximately 2 years ago Status of case: I responded to summons and have received Discovery documents from attorney (Pezzuto) Have you disputed the debt with the credit bureaus: No and Pezzuto and CACH have listed separate entries for the same debt. Did you request debt validation?: No I didn't understand I only had 30 days. Does your summons require a response in writing? Yes and I have responded via certified mail. What evidence did they send with summons? With summons they only sent a photocopied unsigned HSBC contract. With the discovery documents they sent an ''Affidavit of Correctness stating CACH LLC bought the account from Arrow financial who bought it from HSBC" and an Account Information document. What is the SOL on the debt? In Arizona on credit card accounts the SOL is 3 years. Which does not expire till November of 2010 on this debt. My question is about filling out my response to discovery interrogatories. I believe I can have the Affidavit of correctness stricken as hearsay as it only says an account rep of Arrow financial purchased the account from HSBC and sold it to CACH for around 1,000.00. In addition they provided a typed Account information report that has my name on it, the account number the amount and my address and last four of social on it. They also included a photocopied unsigned HSBC credit card contract. I believe I can have the affidavit of correctness stricken as hearsay. The HSBC contract is irrelevant to the case as it isn't signed by anyone (I believe) but I have no idea what to do about the Account Information report. I'm being sued for breach of contract but noone has provided a signed contract nor have they produced a contract between myself and Arrow Financial or CACH LLC. I've made no promise to pay and made not contact with them at all. In Arizona I read on these forums that you have to have a motion in support for motion to strike. Do I need to fill out one for all 3? Is the Affadavit of correctness proof of valid assignment? Or do I just contact them and try to settle the amount? It's pointless to retain a lawyer for 1500.00 when I'm being sued for 1000.00. I've also heard that if you settle with these folks they'll sell the unsettled portion of the debt? So far these forums have been a wonderful resource. Any help anyone could provide would be awesome. Thank you all so for your time!
  16. Hello all - I'm a newbie, and I need advice. I have already read many posts about BM (such appropriate initials for them), however I didn't really get my question answered. This is my 1st run in with BM. My debt is a valid debt. The original creditor was CACH LLC (I saw that on the previous posts as well). I am just now getting myself financially to the point that I could start paying on my acct with CACH LLC, but it wasn't soon enough. But I received a charge off notice from CACH promptly followed by a letter from BM. I am fine paying them, I truly owe this debt, however it appears (from what I have read on previous post about BM on a rip off site) that if I set up a payment plan with them, they may opt to take whatever payment they want, maybe all at their discretion. I went to their site last night. I did NOT set the ball in motion for a payment plan, but only because of something I read in the terms and conditions. I don't remember the exact verbiage, but it was something like they have the right to change the terms of this agreement at any time without notice. Does that mean if I agree to pay them $150 on the 15th of each month that they can change those terms and debit whatever amount they wish, possibly all of it? I am trying to make arrangements with several creditors, and maintain my regular monthly expenses at the same time, so that those don't also become collections. After everything I have read, I am scared to deal with these people or trust them with a payment plan, but also scared to just ignore them. I'm lost. Anyone have some advice? Can they really do that? Change the terms of the agreement, that being the amount I have agreed to pay. I have a few calls from them on my cell, which I have not answered yet. This is all brand new, the letter just came. I don't want to ignore this, but what if......? Also, I'm in AZ, their correspondence is from NJ, the letter states that they are attorneys licenses in MD, NJ, NY, VT, PA and IL. Does it matter that I am in AZ? Where is CACH LLC licensed. Does that matter anymore if they have charged it off?
  17. I would like to thank anyone in advance for an advice you can offer. Somtime in 2006 I got my first credit card with Bank of America with a credit limit of $9,000. I won't get into details, but by around the beginning of 2008 I was over the limit and jobless and owed $10,320.30. I was young and naive and unable to make payments, I refused to seek assistance from friends & family nor did I know how (and that you even could) negotiate with creditors. Fast forward to July 2008. I cannot recall how I first received correspondence, but I believe it was a call to my cellphone from "LAW OFFICE OF GUNN & CLARK (713-782-2700) located in Texas. After numerous back and forth phone calls between myself and their "rep" and attorney, I had agreed to settle the debt with them for $6,000. My mother gave me her credit card to pay the settlement. Being unaware of the deceptive methods of collections agencies and having the false assumption that "Hey, it's a law office! Of course I can trust them!", I did not request any paperwork prior to going through with the settlement. So on July 30, 2008 I called them up, verbally agreed to settlement my debt for account #xyz and gave them the credit card number which they charged that same day. The transaction posted to my mothers account on August 1, 2008 and soon after (~2 weeks) I received written correspondence stating that on this and this date, I settled this account #xyz for the amount of $6,000. I was happy, called the "rep" and thanked him for "helping me out", and went on with my life putting this behind me and slowly paying off the $6,000. That was a year and a half ago. As luck would have it, I managed to misplace this letter and its whereabouts are still a mystery to me. Yesterday (January 20, 2010), while checking the mail in the morning, I received a court notice from the Bergen County court in Hackensack, NJ. After opening the letter I was troubled to find that I am being sued by "CACH OF NEW JERSEY, LLC with a usual place of business at 4340 SOUTH MONACO STREET, DENVER, CO 80237" represented by "FEIN SUCH KAHN & SHEPARD, PC, 7 CENTURY DRIVE, STE 201, PARSIPPANY, NJ 07054" for the balance due on the very same Bank of America account in the amount of $4,120.30. There are several accusations listed in the summons including: Using said card, defaulting on the obligation to make monthly payments on said card, accepting contract to repay said card, etc. (See attached images). I was able to locate the my mothers credit card bill with the $6,000 transaction to "LAW OFFICE OF GUNN & CLARK" which was to settle my debt. Unable to locate the letter they had sent me following the settlement, I called "LAW OFFICE OF GUNN & CLARK" and after speaking the operator, she was unable to locate my record via last name or social security #. I was also told that once they are no longer handling an account it is returned to their "client" and I was given their "clients" number and told that they will have all of my information. The number they had given me was "1-800-478-5541", and after a little bit of research I found that was "CACH LLC" AKA "COLLECT AMERICA". I called the number and was told by the operator that they cannot give me any information, and I would need to speak with "FEIN SUCH KAHN & SHEPARD, PC" (the attorneys that are handling my matter). I called them around 6pm Eastern and was unable to reach anybody. I am assuming the office was closed at that time. I wanted to call back today, but I do not want to say the wrong things and screw myself even more. I am currently at somewhat of a loss as to what to do next, but I do have several questions that perhaps somebody could answer for me. 1. It is my understanding that any business, regardless of what industry, keeps records in their archives of both clients and transactions for years, if not for the entire life of the business. How is it possible that "LAW OFFICE OF GUNN & CLARK" does not have any record of my account nor transactions that occurred with my account? Am I being misled, or am I phrasing my questions wrong? Surely, they have an accounting department which had received the $6,000 payments and surely they have records of that for accounting and tax purposes. How long are collections agencies / law firms dealing with collections matters required to keep records? Another thing that bothers me is that if they don't have my record, how do they know which collections agency to put me in contact with? (Perhaps they only deal with only one agency.) 2. If I am unable to locate their letter to me confirming the settlement, is the credit card statement with the $6,000 transaction to "LAW OFFICE OF GUNN & CLARK" sufficient evidence? Would that credit card company be able to give me more information about that particular transaction? 3. Assuming that "LAW OFFICE OF GUNN & CLARK" has no record of my $6,000 payment to them - and taking into account that the normal(?) threshold for credit charge backs is 90 days - if I contact the Attorney General stating I had not authorized the transaction or that I was essentially ripped off - do I have a case? If "LAW OFFICE OF GUNN & CLARK" cannot provide me with records of my transaction then what will they provide the Attorney General if I do file such a case? 4. I reviewed my credit report, and for the Bank of America account it says "Charge Off". There is no mention of a settlement. It is my understanding that I did not settle with Bank of America, but rather "CACH LLC" - a collection agency that bought my debt from them for pennies on the dollar. The ONLY mention of "CACH LLC" is from January 2010, listing the collection of the $4,120.30 I apparently owe them. There is no listing of any settlement for $6,000 with any company anywhere! Please review the attachments for more details about my situation. Any advice is highly appreciated. Thank you!
  18. Cach LLC on there Answers to my Interrogatories said they are a assignee on the Debt opened, Yet there Affidavit they supply me said they purchased the Debt, is this a violates the Fair Debt Collection Act???? Also before I was Sued, I requested debt validation they sent me a Affidavit of debt with 5 old statements, then a month later Sued me, is this true Debt Validation????
  19. I was recently sued by CACH, LLC, i had heard nothing from the company prior to suit. I have read alot of bad stuff about this company and was given the advice to request debt validation. I sent them a certified letter in febuary asking for validation of the debt amount and the origional signed contract after their employee told me over the phone when i requested it that they could not provide it. We went to court and i pled not guilty, the plaintiff asked for interogitories, after i awnsered their questions, I asked about them denying my the information I was entitled to through the fair credit collection act. Today in the mail i received a Affidavit of claim and certification of debt from the origional creditor. in it they state that the origional contract had been destoryed and that the affidavit is to be treated as the origional contract for all purposes. How can they make an "origional contract" from something that i did not sign. they also included 6 statements from the origional creditor with my address highlighted. what do i need to do next?
  20. I need some advice and after reading all input I am a little confused. Received a summons on an old credit card account. Lowes acct charged off 3/2007. The papers included with the summons are as follows::Old copies of statements for two or three years then affidavit of sale from GE Money bank and sold to CACH LLC.Next is a bill of Sale from GE to CACH then Certificate of Assignment to CACH LLC, Business Records Affidavit from CACH LLC stating that this person is a custodian of records for CACH LLC. An Affidavit of Indebtedness and certificate of assignment state of Colorado with the heading of the cty court in Florida. Statement of claim which state the plaintiff is CACH LLC with a case no for me to appear in court.The first page is a summons to appear for pretrial conference and that this Lawyer is representing CACH LLC as plaintiff in our case. Sorry to drag out just wanted to give you as much info. Facts are we owe of $2500.00 in an old credit card debt that was charged off and sold to CACH. They now have a lawyer and we have to appear in court. No where on this paper does it say file an answer but everyone here says I should , so I will anyway, but what can I use as a defense or anything to help us to avoid a judgment. I know that before the start of business the judge says "would anyone like to go with one of our negotiators and negotiate before we begin?" The last time this happened I had said that I didn't agree with the total charges and they made me sit for a few hours then the judge had a phone call with the lawyer and worked out a payment plan but there was never a judgment put on us. So do I try that again and hope for the best, talk to the lawyer before hand and ask for a payment arrangement and avoid court altogether or is there something I can use in an answer sheet that will keep me from admitting our debt totally and keeping from getting a judgment. We are willing to make reasonable arrangements but barely making it so they would have to small for now. Please any advice would be welcome.
  21. I need some advice. Today a sheriff delivered a summons to appear for Pretrial Conference in September. I am being sued by GE Money Bank for a Lowe's Hardware Credit acct. that was charged off. My last payment was in 10/06 and my balance then was $2100. now they say I owe over $2600.00 plus $750.00 for legal fees. It does not have a questionaire attached. It states the Defendant must appear in court on date specified in order to avoid a default judgment. The Plaintiff must appear to avoid having the case dismissed for lack of prosecution. A written MOTION or ANSWER to the court by the plaintiff or defendant shall not excuse the personal appearance of a party or its attorney in the PRETRIAL CONFERENCE. I did send a dv letter to this LAWYER prior to this but was unable to make arrangements because I am still working on paying off 5 other charge offs. We can't handle anymore payment arrangements(although with this we will wind up)My question is do I send in an answer and if so what defense can I use. I do owe money. I am just trying to avoid a judgment. Is there anyway that we can do that NOW???? The forms included with the summons was a letter of assignment for the lawyer or CACH LLC and GE MOney BAnk, copies of monthly bills.Affidavit of indebtedness and certificate of assignment. Any help you can give me would be soooo welcome.
  22. Hi I'm new here, so be gentle! I will attempt to make a long story somewhat short. A couple of years ago, I became financially unable to continue payments on my credit cards due to a family illness. Last January, I was sued by a debt collection agency called Cach LLC which claimed to be representing Providian. The original debt was 3000 dollars but with interest and legal fees the claim was for 6795 dollars. Stupidly, I agreed to what they asked for, mainly to keep from going to court, paid them $400 up front and then I didn't pay them anything else - again due to being simply being financially unable to do so. Someone attempted to serve me with a notice to appear on Saturday but I just said I wasn't me and they went away. So I checked out the court website and sure enough, Cach LLC has continued to keep this lawsuit alive. I moved from my previous address and I had no idea. I suppose I was naive to think it would just go away. Anyway, forgive me for rambling. The question is this - never at any time did I ever receive any correspondence stating that I owed this company any monies prior to the lawsuit being filed - is there any way I can bring this up and if I do, will it do me any good? Or is it simply too late? Should I just go to court and see what happens? I do really think there should be a special place in hell for these bottom-feeder law firms that do this kind of thing. Any advice would be appreciated because I don't want to anything stupid again!!
  23. okay where shall i start. I have a radioshack store card that i have back in 2004. I made one payment in jan 2004. and another one in may 2004. then never again.. it seem like my account throught a couple of collection agency. then ended up at Cach LLC. and now Assett acceptance Now have it. I am alittle confuse in what my next step need to be. I pulled my cr and so far only exerian is showing the collection. Should I contact radioshack by phone/or mail and see what information they have on the account. If so what shall i ask for? Also can anyone tell me when my sol expired. i like in pa and i know its4 years but is it from jan or may? thanks alot
  24. Below you will find my Answers and Affirmative Defenses. any Help would be nice. Comes now the Defendant, KatrinaD, and for her answer to the Complaint States: 1. Defendant has insufficient knowledge to informatively admit or deny the allegations contained in paragraph one (1) pertaining to the plaintiff, therefore said allegations are denied and the Defendant requests strict proof. 2. Defendant admits she is a resident of Pulaski County, Arkansas. 3. the Defendant denies said allegations due to the fact that the card was stolen and that all charges on account are not legitimate. 4. Defendant denies said allegations. Defendant notified original card issuer of then when it was discovered that the card had been stolen, no accounting agreed to. (don�€™t know what that means, it was part of your notes) 5. Defendant denies said allegations. Defendant used the card, however, its theft was reported, charges incurred thru fraud are not the Defendant�€™s responsibility 6. Defendant denies said allegations. Defendant requires the Plaintiff to provide strict proof to support these allegations. Defendant also argues that Ohio decisions do not bind Arkansas courts. 7. Defendant denies said allegation. Defendant requires strict proof of assignment. 8. Defendant denies said allegations. Defendant requires strict proof of money paid. Defendant requires strict proof of Defendant�€™s signature on transactions. 9. Defendant argues that the affidavit provided by the Plaintiff fails to show CACH LLC purchased the account of the defendant, only that it purchased some �€˜9100�€™ accounts of persons unknown and unnamed. 10. Defendant has insufficient knowledge to informatively admit or deny the allegations contained in paragraph ten (10) of plaintiff�€™s Complaint, therefore, said allegations are denied. Affirmative Defenses Defendant pleads that Plaintiff's cause of action is barred by the 3 years statutory limit provided for by A.C.A. sections 16-56-105(1) and /or (3), as the action as pled seeks recovery based on contract, and/or theories of recovery based on implied/quasi-contract, and/or the theory of money lent. Defendant pleads that Plaintiff has failed to state with particularity the transactions involving the revolving account its action is founded upon, and that lack of information greatly prejudices Defendants ability to properly and fully respond to the allegations with rigorous specificity. Defendant therefor reserves the right to plead further in the event additional information is brought forward by. Defendant nevertheless pleads, based on her best information and belief, that the last non-fraudulent use of the revolving account, upon which Plaintiff bases this action, occurred on or about 04/01/2004. Plaintiffs action was filed on 12/7/2007, a period of time being 3 years, 11 months, and 26 days. Defendant has taken no action which would toll the limitation period, and demands strict proof of all use of the revolving account. A.C.A. section 16-56-127 provides "the cause of action shall be deemed to have accrued from the time of the last item proved in the account." Defendant pleads that over 3 years have passed since any provable use by her of the account has occurred, and that the action is, therefore, barred under the statutes cited above. Accordingly, the action should be dismissed with prejudice. Plaintiff admits to purchasing the defaulted debt allegedly owned by the Defendant, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages. Defendant claims a Failure of Consideration, as there has never been any exchange of any money or item of value between the plaintiff and the Defendant. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff. Defendant invokes the Doctrine of Laches as the Plaintiff or the person or entity that assigned the claim to the Plaintiff waited too long to file this lawsuit, making if difficult or impossible for the Defendant to find witnesses or evidence or that evidence necessary to provide for Defendant's defense has been lost or destroyed. (this is a possible one since I no longer have my original statements...and when I asked for them...they didn't give them to me...) plaintiff's alleged damages are the result of acts or omissions committed by non-parties to this action over whom the Defendant has no responsibility or control. (the card was stolen)
  25. I am having a difficult time negotiating one credit card left that I owe. Let me give some inside information to the situation. I had a default judgement on me from a company called Cach LLC. Before anyone pass judgment, I was on a new job that would not allow me a day off, if I took the day off, I would be disqualified from that job. Cach Llc hires this attorney office in Durham, NC called Sessoms and Rogers. I was served papers from the sheriff's department on having property appraised and garnished that I properly filed out and signed. In NC, wages cannot be garnished, one car cannnot have a lien, and etc, but for some reason or another the sheriff department first claims that I did not get the papers in on time. Then I told the department I mailed them as soon as I received the papers then the department change their story and said I did not sign them. That made me raise an eye. Then a couple of weeks after this took event, Sessoms and Rogers makes me a payment offer of ex amount a dollars for a month for one year then an increase after a year. Some forgotten information, on the papers served to me by a sheriff to appear in court, the credit card was past the statute of limitations for nc. The law office lied on the form and stated I made a payment in 2006 when my credit report shows my last payment being in 2003.Yes I do know about a motion to vacate but this is not the main dilemna. The more I read it seems the more I feel as though this collection agency is corrupt. Now I am reading that in order to collect a debt in north carolina, that entity must be licensed. Well, doing a search on the attorney general's website this Sessoms and Rogers are not licensed to collect a debt. My question is and it may sound dumb but does a lawyer have to be licensed also in order to collect a debt?
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