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Showing results for tags 'brach of contract'.
So i recently opened my mail box and found a Summons Complaint tucked away under all my bills and letters. I jumped online and started to do what I can to avoid having a default judgment placed upon. I guess I jumped the gun and filed a General Denial based on the info I found on this site but now I’m stuck. He is a bit more info to is if you guys can make lend a helping hand. I know there is a lot of info already on the form but I was recorded by a fellow member to start a fresh thread Plaintiff: GCFS (Greater California financial services) JDB! Defendant: Me Complaint: Filed in California at Chatsworth Cause of Action – Breach of Contract and Common Counts Amount: 15 + Original Lender: Wells Fargo Bank, So after briefly looking off all this info I got scared and filed a General Denial with the affirmative defense “ Lacking Standing- The Plaintiff has not proven the debt is valid or the amount of the debt is accurate. The plaintiff must prove that the principal, interest, collections costs, and attorney’s fees are all correct, agreed to in contract, and lawfully charged. Defendant also insists that the plaintiff come up with contracts, account statements and purchase receipts to prove the amount of debt.” I also attached a validation letter requesting the fallowing. I filed the GD and the letter and it was mailed out to GCFS Certified mail. What the money you say I owe is for; Explain and show me how you calculated what you say I owe; Provide me with copies of any papers that show I agreed to pay what you say I owe; Provide a verification or copy of any judgment if applicable; Identify the original creditor; Prove the Statute of Limitations has not expired on this account; Prove That I signed any contract with original creditor to barrow debt Show me any payment history evidence I made from my own bank checking account Show me that you are licensed to collect in my state; and Provide me with your license numbers and Registered Agent. Today in the mail I get a letter from GCFS stating that they are answering my request and sent me a copy of the fallowing. Copy of Wells Fargo Consumer Credit Care Customer Agreement & Disclosure Statement (looks like it’s from 2011 when they claim my account was opened in 2006, no signatures on the agreement) Last 32 Statements of account before it was closed (staments only show overdrafts transfers and payments to a checking account, no purchases or charges)Affidavit of debt from Wells Fargo Card Serves to Absolute resolution corps, Affidavit of sale & Balance from Absolute Resolutions Corporation to GCFS IncWhat should be my next step? Should I send them a letter telling them that I received a letter nothing the amount that I allegedly owe and a blank credit card agreement. Consumers have the right to request a validation of debt to ensure that the company collecting the debt has not made an error. Sending me notice of the amount I supposedly owe does not prove that I owe the debt, it merely proves that your company seeks to collect the specified amount. In addition, the blank credit card agreement merely illustrates the rules and regulations applicants must agree to when applying for that card. It does not contain my signature and, as such, has nothing to do with me.? Or do I file a Bill of Particulars? If so how? What does it need to say? I need to get this off my chest, I cant sleep at nights thinking about all this please help