Ranglin Posted August 4, 2008 Report Share Posted August 4, 2008 I live in California and am being sued by a JDB who purchased a credit card debt I defaulted on with Bank of America. I stopped payment in 6/2004 and debt was charged off 12/2004 for $1,958. CACH, LLC (JDB) purchased the debt in 2007 and is asking for damages of $4,771 and a total award after costs of $6,145. During discovery, I requested CACH reveal what they purchased the debt for, but they refused based on "trade secrets" I also requested they provide me with any contract I had with them and they only provided me with my original agreement with B of A and a Bill of Sale and Affidavit of Claim with the "trasfer of rights to collect" language, which I believe is void because no such language of "assignee" or "trasfer of rights" exists in my agreement with Bank of America. Should I settle before trial? If I end up in trial, I plan on arguing that damages should reflect what's been lost, which is what they purchased the debt for, and that since no such language of "assignee" exist in my agreement with B of A that any language in signed Bill of Sale and Affidavit is irrelevant. I also will request they show accounting of how they came up with amount of award, including interest charges, etc. I would like to believe I have a chance of at least paying much less than $6,145 because damages claimed are total bogus, but I realize these JDB have found loopholes and use the courts all the time to make huge profits on defaulted debts. Any help or advice would be truly appreciated. Thanks, Ranglin Link to comment Share on other sites More sharing options...
Recovering Attorney Posted August 4, 2008 Report Share Posted August 4, 2008 Don't settle with CACHUnless you have already admitted the debt Link to comment Share on other sites More sharing options...
Ranglin Posted August 4, 2008 Author Report Share Posted August 4, 2008 I recognized the debt as my own in a letter sent to CACH, which I realize was a mistake. However, in my reply to CACH's request for documents during discovery, I included notes regarding the letter I sent, saying that CACH had misrepresented themselves by using "my client" language, and at the time of the letter I thought after they used such language in phone calls that B of A had hired them, and using this language was in violation of FDCPA. Don't know if this will help, and I really can't deny the debt anyways. Link to comment Share on other sites More sharing options...
Ranglin Posted August 6, 2008 Author Report Share Posted August 6, 2008 So do you think I have some good defenses here? Link to comment Share on other sites More sharing options...
nascar Posted August 6, 2008 Report Share Posted August 6, 2008 So do you think I have some good defenses here?you haven't listed any yet Link to comment Share on other sites More sharing options...
Ranglin Posted August 6, 2008 Author Report Share Posted August 6, 2008 sorry, I should have been more clear, refer to the top of this thread for my defenses. Thanks, RA Link to comment Share on other sites More sharing options...
Debt Guy Posted August 7, 2008 Report Share Posted August 7, 2008 I don't see a defense that works. Link to comment Share on other sites More sharing options...
nascar Posted August 7, 2008 Report Share Posted August 7, 2008 I don't see a defense that works.That's pretty much what I meant. Link to comment Share on other sites More sharing options...
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