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Intimidated & Overwhelmed...I think I received discovery papers from JDB


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On 3/20/2009 I filed my answer to a summons and complaint from Brewer & Brewer on behalf of JDB KBW Capital, Inc.

This week I received some paperwork (which I assume are discovery papers) from Brewer & Brewer stating the following:

Dear Mr. XXXXX,

Relative to the above and pursuant to your request, enclosed please find verification of your obligation to our client's assignor, KBW Capital Corporation.

On the second page was a copy of the line of credit agreement I signed with the OC - Wescom.

The third page was an "Assignment and Bill of Sale" that read the following:

Lincoln Capital Management, LLC (hereinafter call "Seller") has entered into a Purchase Agreement dated May 30, 2008 ("Agreement"), for the sale of Wescom Credit Union Signature Loan Accounts on "Exhibit A" thereof to KBW Capital, Inc. (hereinafter called "Purchaser"), upon the terms and conditions set forth in that Agreement.

Now, Therefore, for good and valuable consideration, Seller hereby sells, assigns, and transfers to Purchaser, its successors and assigns, all of Seller's rights, title, and interest in each and every one of the Accounts described in the Agreement.

Purchaser and Seller agree that the Purchase Price shall be as stated in Section 2 of the Agreement.

No names or account numbers were on this Bill of Sale, there was a signature but with no name. It looked fake to me.

Also, They mentioned that they purchased my bad debt from Lincoln Capital Management, LLC, when in fact OC - Wescom transferred this account to Attorney Michael L. Murphy, which I cannot find a contact number that is still in service. I think they are no longer in business.

The fourth page was titled "Account 0000XXXXXX Collection Info," which had my info: name, address, email, ss#, birth date, and all accounts I have with wescom. It looks like a computer or web generated form.

The fifth page was a copy of my driver's license and my account # hand written.

I would like to speak with the company (that my account was originally transferred to from the OC) to get some kind of paper trail to figure out if I really am obligated to pay this JDB, but out of all three contact numbers that I have for them, none are not in service.

With that being said,

Does this JDB have anything on me?

What are my defenses? Do I have any?

I have no idea where to begin...what should I do?

Thank you in advance for any responses!

JRose

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On the second page was a copy of the line of credit agreement I signed with the OC - Wescom.

Was it authenticated?

The third page was an "Assignment and Bill of Sale" that read the following:

Lincoln Capital Management, LLC (hereinafter call "Seller") has entered into a Purchase Agreement dated May 30, 2008 ("Agreement"), for the sale of Wescom Credit Union Signature Loan Accounts on "Exhibit A" thereof to KBW Capital, Inc. (hereinafter called "Purchaser"), upon the terms and conditions set forth in that Agreement.

Now, Therefore, for good and valuable consideration, Seller hereby sells, assigns, and transfers to Purchaser, its successors and assigns, all of Seller's rights, title, and interest in each and every one of the Accounts described in the Agreement.

Purchaser and Seller agree that the Purchase Price shall be as stated in Section 2 of the Agreement.

No names or account numbers were on this Bill of Sale, there was a signature but with no name. It looked fake to me.

Again, authenitcated?

Also, They mentioned that they purchased my bad debt from Lincoln Capital Management, LLC, when in fact OC - Wescom transferred this account to Attorney Michael L. Murphy, which I cannot find a contact number that is still in service. I think they are no longer in business.

Sounds like the chain of custody was broken right there.

The fourth page was titled "Account 0000XXXXXX Collection Info," which had my info: name, address, email, ss#, birth date, and all accounts I have with wescom. It looks like a computer or web generated form.

Useless, hearsay.

The fifth page was a copy of my driver's license and my account # hand written.

Where did they get that?

What are my defenses? Do I have any?

Yep, there are always defenses, and it sounds like they do not have authenticated documents. No authentication, no evidence.

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When you ask if it is authenticated...are you asking if it is a certified copy of the actual document or something? In that case, no it is not authenticated.

None of the documents were authenticated.

Also, I have no idea how they obtained a copy of my driver's license.

So should I request more documents from them?

Thanks again Admin...your help is greatly appreciated!

JRose

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YES, I would like to know about this issue too. It relates to the bill of particulars that the plaintiff has sent me with no verification and later a faxed copy of a generic verification form not attached to any other documents.

Seems like these firms are sloppy. If they have no verifications attached, like an affidavit by custodian of records of original creditor or whatever, they have a slim chance of winning.

Best Wishes!

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