Presslers RESPONSE to MY request for admissions

[JBDBEAN]

I got a response back from my request for admissions from Pressler (re:Midland) Some of them just get me angry, 11 is FALSE and 14 is just arogant.

ADMISSION #1

Admit that there was no written agreement, signed by Defendant, between CHASE BANK USA, N.A. and defendant

RESPONSE: Plaintiff is unable to admit or deny as this request is vague and ambiguous as to the use of the term “written agreement,” which the defendant fails to define.

ADMISSION #2

Admit that there is no written agreement between Midland Funding LLC and the Defendant.

RESPONSE: Admitted

ADMISSION #3

Admit that you did not send the defendant any notification of assignment of the account or assignment of rights.

RESPONSE: Denied

ADMISSION #4

Admit that as of the date you drafted your Complaint, you had no evidence admissible at trial that proves Defendant owes the debt.

RESPONSE: Denied

ADMISSION #5

Admit that Midland Funding LLC is considered Debt collectors under the Fair Debt Collection Practices Act.

RESPONSE: Plaintiff is unable to admit or deny as this request improperly requires Plaintiff to interpret federal law and make a legal conclusion.

ADMISSION #6

Admit that you are barred under the Fair Debt Collection Practices Act, U.S.C. 15 § 1692 f (1) from collecting interest on any amount not authorized by the agreement creating the debt or permitted by law.

RESPONSE: Plaintiff is unable to admit or deny as this request calls for legal conclusion and/or legal interpretation. Additionally, Plaintiff is unable to admit or deny as this request is vague and ambiguous as to the use of the term “agreement,” which the Defendant fails to define.

ADMISSION #7

Admit that you do not have the agreement to claim the amounts submitted in the complaint.

RESPONSE: Plaintiff cannot admit or deny as this request as Defendant fails to identify what she intends by “agreement to claim the amounts submitted in the complaint,” and Plaintiff is unable to ascertain to what specific document this request refers.

ADMISSION #8

Admit that you do not have a copy of or the original (CHASE BANK USA, N.A.) agreement.

RESPONSE: Plaintiff is unable to admit or deny as this request is vague and ambiguous as to the use of the term “original agreement,” which the defendant fails to define.

ADMISSION #9

Admit that (CHASE BANK USA, N.A. ) did not transfer the alleged assignment rights over to Midland Funding LLC in order for them to collect alleged debt.

RESPONSE: Denied

ADMISSION #10

Admit that if this assignment is proven by you it was purchased for less than the amount submitted in your complaint.

RESPONSE: Plaintiff is unable to admit or deny as this request is irrelevant to the instant litigation.

ADMISSION #11

Admit that no notification of attempt to collect on this debt was sent to the following address by Midland Funding LLC: XXX XXX XXX

RESPONSE: Denied insofar as Plaintiff’s counsel, on behalf of Plaintiff, sent XXX two letters dated XXX and XXX, notifying Defendant that the subject account is currently owned by Midland Funding LLC, affording the defendant the opportunity to resolve the outstanding balance.

ADMISSION #12

Admit that you cannot provide documents proving Midland Funding LLC owns this debt.

RESPONSE: Denied

ADMISSION #13

Admit that the law office of Pressler and Pressler is a debt collection agency as defined by both Federal and NJ State law, and as such, is subject to the statutes and penalties for violations of the Fair Debt Collections Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA).

Response: Admitted

ADMISSION #14

Admit that by not attaching the card agreement referenced in Plaintiff’s complaint, Plaintiff has deprived Defendant of being fully informed of the right to arbitrate the dispute that is the subject of this lawsuit.

Response: Denied insofar as Defendant was most likely provided with a copy of the cardmember agreement when the Defendant and the original creditor entered into the said agreement.

ADMISSION #15

Admit that you cannot provide the contract cited in the complaint that claims the plaintiff’s entitlement of attorney fees of 25.00% of the amount due.

RESPONSE: Denied