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  1. The pre-trial meeting for a debt collection is coming up shortly and the attorney for Cavalry SPV has provided the discovery, which includes the following: As per the suit, the Citibank account was opened in 2006 1.) EXHIBIT A: A typewritten cover page (no letterhead) with only the last four digits of the credit card account, dated 5/8/2016 and an address that I have never used for any financial account (This address also does not match the statements they provided). 2.) Exhibit B: They provided a generic credit card agreement, which is dated July 2013. Note: The account was opened in 2006 3.) Exhibit ? Cavalry provided a copy of a letter they stated was sent to me in October 2017 ....I have no record of this letter. 4.) Exhibit ? Cavalry provided a data drop, which shows the account number and a lot of other details, which would not make sense to someone who does not know the coding, but what I pulled from the report was: A) Application date: 2006 B.) Signature Indicator = Y C.) Electronic Signature = N D.) Two other account numbers were stated in the data file, as well. 5.) Exhibit E: This exhibit included the Assignment from Citibank NA to Cavalry. A.) The Affidavit of Sale states 'On or about March 30, 2017, CBNA sold a pool of charged off accounts. B.) Affidavit of Sale was signed: April 12, 2017 (C.) Bill of Sale was dated: March 30, 2017 (D.) Purchase and Sale dated: 3/28/17 (E.) Bill of Sale further states: 'Accounts described in Exhibit 1' Note: I received Exhibit 1, which states a Purchase date of 8/1/2017 ****I live in Massachusetts and the debt collection regulations are as follow: 940CMR 7: If the debtor, or any attorney for the debtor, notifies the creditor in writing within the 30-day period described in 940 CMR 7.08(1), that the debt, or any portion thereof, is disputed, the creditor shall cease collection of the debt, or any disputed portion thereof, until the creditor verifies the debt and provides the debtor, or any attorney of the debtor, by first class mail, the following materials: (a) All documents, including electronic records or images, which bear the signature of the debtor and which concern the debt being collected; (b) A ledger, account card, account statement copy, or similar record, whether paper or electronic, which reflects the date and amount of payments, credits, balances, and charges concerning the debt, including but not limited to interest, fees, charges or expenses incidental to the principal obligation which the creditor is expressly authorized to collect by the agreement creating the debt or permitted to collect by law; (c) The name and address of the original creditor, if different from the collecting creditor; and (d) A copy of any judgment against the debtor. Pursuant to 940 CMR 7.08(2), the creditor must provide those materials described in 940 CMR 7.08(2)(a) through (d) which are in the possession, custody or control of the creditor. If the creditor does not possess, have custody of, or control the materials described in 940 CMR 7.08(2)(a) through (d), the creditor shall cease collection of the debt until the creditor has made reasonable efforts to obtain the necessary information and provide this information to the debtor. https://www.mass.gov/files/documents/2017/09/13/940cmr7.pdf Question 1: Based on 940CMR 7 above, 'Section (a) All documents, including electronic records or images, which bear the signature of the debtor and which concern the debt being collected' DOES THIS MEAN THE CREDITOR NEEDS TO PROVIDE ME WITH A SIGNED ITEM, in order for this to be a valid lawsuit? Question 2: Since the date of the Bill of Sale states a purchase date of March 30, 2017 and their Exhibit 1 states a Purchase date of 8/1/2017; is the suit invalid? Question 3: The attorney for the debt collector sent me a pretrial memorandum. I am not 100% sure how to complete the memo, since they want me to consolidate it into one memo. Do I provide them with my findings above or just state that the validation of debt is invalid? I really hope someone can help me with this. I have to get the memo back to the plaintiff on Monday. Thank you in advance.
  2. So I have a small claims suit against me in a few months with a JDB. Citibank is the OC and the debt is within SOL. The JDB is Calvary and I'm unsure if their validation letter is legitimate. Second, I'm unsure if arbitration is allowed in small claims for the user agreement. I only have mobile and it will not let me attach the user agreement. Any help is appreciated. I'd like to settle the debt favorably with what I have available which is about 60% of the total cost alleged. IS arbitration recommended or should I attempt negotiating with JDB?
  3. Does anyone have first-hand experience with MA DV requests? I've tried searching this forum but can't come up with concrete discussion. MA debt validation requirements are stricter than the federal one. Under FDCPA they can send any old printout for DV request and be satisfied with it. What are they REQUIRED to send under MA debt validation? And what can be done if that is not satisfied?
  4. I was contacted yesterday by a collection agency located in New Hampshire. I currently live in Massachusetts and the woman I spoke to broke numerous FDCPA laws on the phone. I simply tried to explain to her that a medical debt she was collecting I had disputed before and wished to continue to dispute until they provide me more information as I had health insurance and paid all of my co-pays. She got irate on the phone and told me I can't dispute it and I legally owe this now because it's past the time to file with insurance. She told me one of them is reporting to my credit report and the other two will be soon. I told her I wished to continue to dispute until I am provided information or media. She told me she wasn't going to put it in a dispute and said collection activity will continue on the account. I said "you're telling me on a recorded line you're not going to put my account in dispute and are going to continue to collect on this?" This is when she laughed at me told me to have a good day and hung up on me. My question is I know she violated the law numerous times during the phone call but is there any leg to stand on if I attempted to sue for FDCPA violations on the call? I have already placed complaints on the BBB and attorney general of their state as well as sent a e-mail to their compliance department advising that I will not be treated this way and intend to push forward with complaints against the company.
  5. Hi guys, so I opened a CC when I was 18 (2008) for some reason they gave me a huge limit I was careless and now I am being sued. I did a lot of research in the forum and think I still might have a chance, but this is where I ask you guys who have way more experience in this then I do. I noticed that I should have sent a "DV letter" to the lawyer however I never received anything before the summons, I def. would have sent it and sent the case right into arbitration but now I have 20 days to respond to the complaint and provide my answers and it's too late to ask for a "DV Letter" I know that in MA the SOL is 6 years and I also know that Bank of America is a DE based company and the SOL in that state is 3 years. I was doing some reading and I think I can fight this case through arbitration, under the grounds that adopting DE law is more suited for this particular case because the credit line, interest rate, etc...is calculated under Delaware law. PLEASE correct me if I am wrong. My main question is... Since I have already been issued a summons, hand delivered to my house, and the law suit has technically been filed (or so I think it has) Is there any way I can put the case on hold and go right into arbitration? The case is brand new and I only received the summons yesterday. I did a lot of searching and came across a few copies of BOA's credit card agreements (if any of you need these agreements please let me know!!) -2003: JAMS -2006: NAF -2008: NAF I also know that NAF no longer handles credit care arbitration cases and they are usually more inclined to take sides with the plaintiff. So obviously I would try to go through JAMS. ****Question Template**** 1. Who is the named plaintiff in the suit? -Cavalry SPV I, LLC, as assignee of Bank of America/FIA Card Services, N.A, 2. What is the name of the law firm handling the suit? -The Law Offices of Goldberg & Oriel (Framingham, MA) 3. How much are you being sued for? -Total $8,706.94 - Principle $4,664.16 + Int. $4,042.78 -Statutory Interest - (12% per annum from May 23, 2012 on or before which date demanded for payment was duly made) -costs and attorney’s fees 4. Who is the original creditor? (if not the Plaintiff) -Bank of America / FIA Card Services 5. How do you know you are being sued? (You were served, right?) -Received summons 6. How were you served? (Mail, In person, Notice on door) -Mail 7. Was the service legal as required by your state? -Yes, was dropped off at my home 8. What was your correspondence (if any) with the people suing you before you think you were being sued? -Was aware of the debt, was not aware of the law suit/summons 9. What state and county do you live in? -Massachusetts, Essex County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) -On or about November 29, 2008 Bank of America charged-off the balance due under the Agreement. 11. What is the SOL on the debt? -Massachusetts - 6 years -Delaware - 3 years 12.What is the status of your case? Suit served? Motions filed? -Received summons yesterday (Aug. 1, 2012)…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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. -No, I had no idea I was being summoned 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? -20 Days (August 21, 2012) INTRODUCTORY STATEMENT The Plaintiff seeks certain damages from the Defendant for Breach of Cardholder Agreement. THE PARTIES 1. The Plaintiff, CAVALRY SPV I, LLC, as assignee of Bank of America/FIA Card Services, N.A., is a limited liability company duly organized by law having a usual place of business in Hawthorne, NY. 2. The Defandant, “Peanut835”, is an individual having a usual place of residence at “name of street” “name of city”, Essex County, MA COUNT I (For Breach of Cardholder Agreement) 3. The Plaintiff re-avers, re-alleges and incorporates herein by reference the allegations contained in Paragraphs 1-2 above with the same full force and effect as if expressly set forth herein. 4. On or about June 25, 2007, the Defendant entered into, executed and delivered to Bank of America / FIA Card Services, N.A. (“BOA”) a Cardholder agreement (“Agreement”) wherein BOA provided the Defendant with a credit card account (numbered XXXX-XXXX-XXXX-XXXX) and wherein the Defendant agreed to pay BOA and/or its assigns all balances due thereunder. 5. Thereafter, the Defendant defaulted on the agreement by failing, refusing or neglecting to fully pay all balances as and when due thereafter. 6. On or about November 29, 2008, BOA charged-off the balance due under the Agreement. 7. On or about October 25, 2011, BOA assigned all of its right, title and interest in and to the Agreement to the Plaintiff. 8. Thereafter, the Defendant failed, refused or neglected to pay the Plaintiff pursuant to the Agreement despite the Plaintiff’s demands for payment. 9. The principal balance due under the “Agreement” is $4,664,16 and interest has accrued thereon pursuant to the terms of the Agreement in the sum of $4,04278 10. The Defendant thus owes the Plaintiff the total sum of $8,706.94 plus statutory interest thereon at a rate of 12% per annum from May 23, 2012 on or before which date demand for payment was duly made, costs and attorney’s fees. WHEREFORE, the plaintiff demands Judgment against the Defendant in the total sum of $8,706.94 plus statutory interest thereon at a rate of 12% per annum from May 23, 2012, on or before which date demand for payment was duly made, costs and attorney’s fees and the entry of such further relief as this Honorable Court should deem just and proper. 16. What evidence did they send with the summons? -Complaint Letter -“Statement of damages” listing: -Contract claim -Plaintiff and defendant name / address -amount of contract claim Thanks in advanced to all who contribute...I will be checking this thread frequently and will respond in a fairly quick time so all your questions/comments will be answered and appreciated
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