Southie Posted August 27, 2010 Report Share Posted August 27, 2010 (edited) I've been presented with a stack of statements from a JDB where the balance does not start at zero at inception of the account statements submitted into evidence (the credit card account had been sold from a local bank to a national bank and that is where the statement stack begins). If the starting balance was $2,000 and the ending balance at charge off was $6,000 is the Plaintiff entitled only to collect & sue on the difference ($4000) in their complaint? They are suing for $2000 over and above the credit card charge off amount, and then they are asking for interest and attorney's fees on top of that amount...If the statements don't get stricken for business records hearsay, then can I use the discrepancy of amount due as a negotiating tool for a settlement (yuck)..Is this where unjust enrichment could be weaved into a counterclaim?Any suggestions?Massive are you out there? You always have such helpful remarks.... Edited August 27, 2010 by Southie Add more detail Link to comment Share on other sites More sharing options...
saint al Posted August 28, 2010 Report Share Posted August 28, 2010 I've been presented with a stack of statements from a JDB where the balance does not start at zero at inception of the account statements submitted into evidence (the credit card account had been sold from a local bank to a national bank and that is where the statement stack begins). If the starting balance was $2,000 and the ending balance at charge off was $6,000 is the Plaintiff entitled only to collect & sue on the difference ($4000) in their complaint? They are suing for $2000 over and above the credit card charge off amount, and then they are asking for interest and attorney's fees on top of that amount...If the statements don't get stricken for business records hearsay, then can I use the discrepancy of amount due as a negotiating tool for a settlement (yuck)..Is this where unjust enrichment could be weaved into a counterclaim?Any suggestions?Massive are you out there? You always have such helpful remarks....I recieved from a jdb 4 bogus billing statements from the allege OC man I did a Sherlock Holmes on those statements found hugh discrepencies, they voluntary dismissed the case.Disputed the account as ID Theft with all the CRAs came back verified, I complain to the OCC then the bank sent me two years worth of statements, I again did the Sherlock Holmes thing and found out that all the statements sent had one thing in common, no charges were ever made only payments and fees no begining balance and on one statement was two debit transactions one day after the charge off, which can't happen if the account has been closed.Brought these facts to the banks attention and its almost rib tickling to see how they now are trying to back track from their admission of these statements. They claim to purchase the account in default in a merger with another bank so instead of that banks statements being provided the bank claim to have created its own simlply to record the account history. So they kill a few trees to create two years of imitation when they could have just provided one or two pages in a computer printout. Anyhoo my point is to check everything out read up on the FDCPA that state that there must be an agreement creating the obligationto collect, also they're not to change the charcter of the debt including the amount, legal statue, nor are they to add interest. This is of course it the are debt collecters and not the OC. Hope that help. Be Bless! S.A. Link to comment Share on other sites More sharing options...
Massive Posted August 29, 2010 Report Share Posted August 29, 2010 I recieved from a jdb 4 bogus billing statements from the allege OC man I did a Sherlock Holmes on those statements found hugh discrepencies, they voluntary dismissed the case.Disputed the account as ID Theft with all the CRAs came back verified, I complain to the OCC then the bank sent me two years worth of statements, I again did the Sherlock Holmes thing and found out that all the statements sent had one thing in common, no charges were ever made only payments and fees no begining balance and on one statement was two debit transactions one day after the charge off, which can't happen if the account has been closed.Brought these facts to the banks attention and its almost rib tickling to see how they now are trying to back track from their admission of these statements. They claim to purchase the account in default in a merger with another bank so instead of that banks statements being provided the bank claim to have created its own simlply to record the account history. So they kill a few trees to create two years of imitation when they could have just provided one or two pages in a computer printout. Anyhoo my point is to check everything out read up on the FDCPA that state that there must be an agreement creating the obligationto collect, also they're not to change the charcter of the debt including the amount, legal statue, nor are they to add interest. This is of course it the are debt collecters and not the OC. Hope that help. Be Bless! S.A.Yes they are manufacturing statements alright. I uncovered some altering of statements on my brother in laws lawsuit filed "allegedly" by Discover Bank. I don't trust any account statements provided by alleged original creditors or junk debt buyers. Sounds like you are on top of it saint al!! GOD Bless you!! Link to comment Share on other sites More sharing options...
Southie Posted August 29, 2010 Author Report Share Posted August 29, 2010 as he was waving the stack of statements at Plaintiff's rent-a-lawer, that it wasn't proof of anything, and that the Plaintiff needs to produce... If anyone is new reading this thread, just don't be intimidated when presented with a ton of statement paperwork that seems, upon initial inspection, legitimate. Thank god for this forum, and thanks to Massive and Saint Al for your advice!! Link to comment Share on other sites More sharing options...
saint al Posted August 29, 2010 Report Share Posted August 29, 2010 as he was waving the stack of statements at Plaintiff's rent-a-lawer, that it wasn't proof of anything, and that the Plaintiff needs to produce... If anyone is new reading this thread, just don't be intimidated when presented with a ton of statement paperwork that seems, upon initial inspection, legitimate. Thank god for this forum, and thanks to Massive and Saint Al for your advice!!As you start getting more educated you will discover that the best person to trust is you. Don't agree to anything even if it is your without solid evidence provided and read! read! read!In the beginning all this was giberish to me, heart beating fast and head hurting but i was determine that if those big snakes eat this lamb they will die of indigestion because i was really a pokipine a fat one too. LOL be Bless! S.A. Link to comment Share on other sites More sharing options...
saint al Posted August 29, 2010 Report Share Posted August 29, 2010 Yes they are manufacturing statements alright. I uncovered some altering of statements on my brother in laws lawsuit filed "allegedly" by Discover Bank. I don't trust any account statements provided by alleged original creditors or junk debt buyers. Sounds like you are on top of it saint al!! GOD Bless you!!It amazing to me at how low seemingly legitimate business will sink! Be Bless! S.A. Link to comment Share on other sites More sharing options...
Savoir Posted August 29, 2010 Report Share Posted August 29, 2010 as he was waving the stack of statements at Plaintiff's rent-a-lawer, that it wasn't proof of anything, and that the Plaintiff needs to produce...!Needs to produce .... WHAT?? Link to comment Share on other sites More sharing options...
chuckygee Posted August 30, 2010 Report Share Posted August 30, 2010 Needs to produce .... WHAT??A full accounting of the statements if they want to claim "Account Stated". Link to comment Share on other sites More sharing options...
Savoir Posted August 30, 2010 Report Share Posted August 30, 2010 A full accounting of the statements if they want to claim "Account Stated"...... and under what theory? I got a stack of statements that start a year before the account defaulted and end at the date the account was sold.The funny thing about all this is that the court docket states that the Judges copy didn't include any of the attachments ..... ??? Link to comment Share on other sites More sharing options...
Southie Posted August 30, 2010 Author Report Share Posted August 30, 2010 The judge said to the Plaintiffs rent-a- lawyer that they would need to produce the (full) chain of custody of ownership that I was requesting- he wasn't holding the statements to have much or any strength, and Plaintiffs lawyer almost nodded in understanding... Link to comment Share on other sites More sharing options...
Massive Posted August 30, 2010 Report Share Posted August 30, 2010 The judge said to the Plaintiffs rent-a- lawyer that they would need to produce the (full) chain of custody of ownership that I was requesting- he wasn't holding the statements to have much or any strength, and Plaintiffs lawyer almost nodded in understanding...Another reason why you don't just lay down when sued by an "original creditor" is they need to prove they own the alleged debt if you demand they produce proof also demand proof of any write offs and bad debt insurance they have collected. They don't like that. lol Link to comment Share on other sites More sharing options...
jennie409 Posted August 30, 2010 Report Share Posted August 30, 2010 so what happened if they only sent u a stack of computer printout statement??? do u need to send another letter to ask them for the complete account from zero balance or file a motion to compel or motion to dismiss the case??? Link to comment Share on other sites More sharing options...
Southie Posted August 30, 2010 Author Report Share Posted August 30, 2010 Jenny it seems like the idea is to get the statements, however they are presented, thrown out by filing a motion to strike... I'm figuring out this next step as well....the wording and presentation...KentWA wrote in another thread which I thought was brilliant ..I hope it is ok to quote someone's previous quote, but I love this one:KentWA wrote "The thing I see the most is people not taking the offensive. They file their answer, maybe some discovery and then wait for things to happen, almost expecting the judge to just see it their way. In the thread cited by OP you will notice that the person involved said they told the judge they were waiting for proof!Can you expect winning football teams to win by Defense only? They only win by executing effective offense tactics and it is not different than in court.Starting with comprensive discovery request, motions to compel, motions to strike, etc are the only way you will win. The idea is to stay out of the courtroom by good motion practice before you ever get to see the judge. The other advantage of good motion practice is you make the debt collector lawyer work very hard and in the case of JDB accounts they quickly give up." Link to comment Share on other sites More sharing options...
saint al Posted August 31, 2010 Report Share Posted August 31, 2010 You are beginning to see the light, keep pressing on. Be Bless! S.A. Link to comment Share on other sites More sharing options...
Southie Posted August 31, 2010 Author Report Share Posted August 31, 2010 Thank you Saint Al, Lots to read here, and so many good directions to take. Thank you, and thank you to everyone who contributes! Link to comment Share on other sites More sharing options...
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