I'm still stuck on Interrogatories

[FloridaGirl]

Background - AALLC filed suit on old credit card debt, I filed Answer, they filed Motion to Strike some of my Affirmative Defenses, we had a hearing on it, and just dismissed "without prejudice" those Affirmative Defenses. Meanwhile AALLC sent me Interrogatories. So I need to amend my original response with the proper Affirmative Defenses and I need to answer their Interrogatories.

I'm stuck on this question:

Set forth the factual basis for each and every defense and/or counterclaim you assert against Plaintiff’s claim.

My answer is getting into a bit of blabbering - I'm not sure if it's too much or not enough?

ANSWER:

a) Plaintiff has offered no competent proof that they purchased any debt that I may have once owed to ABC. The Plaintiff’s Exhibit “A”, from the original Complaint alleges to be proof of such purchase, yet the paper trail does not lead to ABC.

Further, Plaintiff has stated contradictory dates for the alleged purchase of the debt in their Complaint. Paragraph x refers to Exhibit “A” that shows their purchase of some accounts on xxxx, 200x. Paragraph x+1 states they owned the alleged debt prior to xxx 200x when they say they transferred it from AAC to AALLC. Exhibit “C” in the original complaint shows a date of xxxx 200x.

c) Plaintiff alleges that Exhibit “B” from the original Complaint is a copy of the card member agreement mailed to the Defendant. Since Exhibit “B” is dated 10/99 (bottom of page “z”), and Plaintiff claims Defendant opened account in 1998, Defendant denies that this is a copy of any original Agreement that Defendant might have had with ABC.

d) Exhibit “C” in the original Complaint is a typewritten (or computer generated) “Statement of Account” yet there is no name or signature verifying the document and is inadmissible as evidence under the Hearsay rules. It also does not show items purchased, time of accrual for each, and the amount of each item as required by Fla.Civ.R.P. Form 1.932 and Form 1.933.

e) Notwithstanding the above, the Plaintiffs are in the business of purchasing charged-off debt at a cost of approximately 1¢ to 3¢ on the dollar. If they actually purchased the Defendant’s alleged debt, it was at a cost of less than $x (small amt). They would have also knowingly assumed the high risk of collection on an old, charged-off debt.

f) Pursuant to FDCPA §809 [15 USC 1692g], Plaintiff failed to provide the Defendant with the following:

1. a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

2. a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

3. a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

g) Defendant will present a Counterclaim for numerous violations of the FDCPA and FCRA. The counterclaim will be for actual and punitive damages, including, but not limited to the damages suffered by Defendant when qualifying for a mortgage refinance at a much higher than normal rate due to false and derogatory information on Defendant’s credit reports, and an additional $1,000 per violation as provided by the FDCPA and the FCRA.

I'm not too sure about g) though. I just want it to be over with, not drag it out farther.

Then, those same arguments need to be set up as Affirmative Defenses in my Amended Response... I also have a lot of CRA stuff where they reported different things to each CRA. (Fraud too?)

On top of that, when we refinanced the house to pay off some current debts and get a monthly payment we could afford, the derogatory info from AALLC and others got us a really bad rate - over 9%... that's about $67K additional interest over the life of the mortgage. But if I countersue for that, it needs to get bumped up to Circuit Court (from County), which means I need a lawyer even worse than I do now, which I can't afford.

Any ideas, suggestions or improvements on my Answer and how to convert that into an Affirmative Defense?

Thanks, FLAGirl

[calawyer]

Is it past the SOL? If so, you have a very good case and real damages. I think a lawyer would take it on contingency.

[FloridaGirl]

Nope, it is within the SoL. Any other ideas?

FlaGirl