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Bill Of Sale & Account Placement Information...


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Hopefully I can get some advice about this. Just to give an update I am being sued by pressler & Pressler aka New Century Financial Inc over an alleged Sears account from 6 years ago. I answered the summons with an affirmative defense...I, of course denied knowledge and stated SOL had lapsed on the debt. After I filed my answer the attorneys sent me interrogatories, basically requesting I prove their case for them. I answered the interrogatories and sent some of my own back to attorneys yesterday. Today I received a letter from them stating they had received my answer to the complaint and they had enclosed the applicable bill of sale for the subject account, as well as the placement information relevant to same.

Here's what they said:

The annexed bill of sale clearly demostrates Plaintiff's acqusition of the subject account. As such, the standing of New Century Financial Services Inc to sue with regard to this matter is undoubtedly documented. Further attached hereto is the account placement information, which was transferred electronically from the original creditor upon the sale of the subject account. Same reflects that the account in question was charged-off on or about date yeilding a balance of amount, which corresponds with the principal amount of Plaintiff's suit. The placement information also indicates that the account was opened on or about date, received payments until date, and provides pertinent account user information.

It was followed by statement with their phone number to resolve issue, but in meantime are proceeding with litigation.

All they sent me was a copy of some Bill of Sale and 4 pages that looked like they were printed from an excel spreadsheet. Each of the 4 pages are just rows from a spreadsheet with information on them like my name, address, etc. None of the pages say where it was printed from, etc.

Now as far as the Bill of Sale is concerned it is between New Century and Sherman Acqusitions (another CA)...Not Sears. The Bill of Sale doesn't have any identifying information as to any account information, account holders name etc...It just basically says Sherman Acquisitions has sold New Century some Charged-off accounts and that the accounts are described in the attached Appendix A and are referred to as Charged-Off Accounts in the Purchase and sale agreement between.

Would those 4 pages be considered evidence that this account is mine? The lawyer stated in his letter that "the account placement information, which was transferred electronically from the original creditor upon the sale of the subject account." Since Sears would be the original creditor, does that mean they got those 4 pages from Sears?

Should I respond to the letter asking for more documentation, or should I just not answer and wait for them to answer my interrogatories requesting chain of assignment, contract/agreement bearing my name, etc?

Any help would be appreciated.

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Original post by: mirandagk

All they sent me was a copy of some Bill of Sale and 4 pages that looked like they were printed from an excel spreadsheet. Each of the 4 pages are just rows from a spreadsheet with information on them like my name, address, etc. None of the pages say where it was printed from, etc.

Does the Bill of Sale refer to the 4 pages or do the two sets of documents seem to be unrelated? Does the 4 pages have the exact amount they are suing for? I'm going to guess that the 4 pages is something from the CA's office itself...meaningless without support from the bill of sale or some sort of affidavit from the OC.

Now as far as the Bill of Sale is concerned it is between New Century and Sherman Acqusitions (another CA)...Not Sears.

This bill of sale would still have to contain complete financial reference to your alleged debt. I doubt if it does.

This bill of sell is probably more of a disclaimer to the buyer that basically says "you bought this "as is" and don't bring it back to us". It's probably only good for tax purposes and will not stand up to Court scrutiny.

Bad Debts are commonly sold by the hundred lot, if not more. The bill of sell probably does not contain each and every Bad Debt because it would be illegal to disclose that information in a public forum. They could disclose your information but then the CA would have to blank out all of the other information on the bill of sale that belongs to another debtor. That document would then have more holes in it than a piece of swiss cheese.

It just basically says Sherman Acquisitions has sold New Century some Charged-off accounts and that the accounts are described in the attached Appendix A and are referred to as Charged-Off Accounts in the Purchase and sale agreement between

Is your account in appendix A and what does it do to refer to you?

The CA filed a claim against you. The CA has the burden of proof. If the CA can produce a bill of sale which has your name, account number and amount demanded in the CA's claim, they may have a leg to stand on.

From your description of the documents, I doubt it.

Other factors are, the judge, which includes the mood he/she is in at the time, and your presentation. You could be %100 right but if the Court doesn't like you....be aware that some judges let their emotions make the ruling.

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No the Bill of sales doesn't refer to the four pages...They seem unrelated because the bill of sale looks like an actual copy while the other 4 pages look like they were directly printed from a printer. They have the exact amount, my name, address, etc. I don't see anything in the papers they sent referring to Appendix A like stated in the bill of sale either.

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This bill of sale would still have to contain complete financial reference to your alleged debt. I doubt if it does.

You're right I don't see anywhere where it contains that information.

Quote:

Is your account in appendix A and what does it do to refer to you?

There was no Appendix A attached with any of the paperwork they sent me...Unless it is those 4 pages...but they aren't labeled Appendix A...The lawyer just states they have account placement information.

So should I write them back and ask for more documentation or just wait till they respond to my interrogatories?

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