chiquita55 Posted March 24, 2011 Report Share Posted March 24, 2011 Below is a copy of what I plan to send to capital One for my BOP.This is a form I found on this site and I added a few of my own questions and am going to check all of these off. Please tell me if I should add anything more or if I stated things ok. thank you.In particular, demand is made on you to provide: [check all that apply] a. • The dates when services were provided. b. • The specific charges for the services. c. • The place the service was performed. d. • The date when each item is claimed to have been delivered. e. • The sales price of each item. f. • Other: An Itemized bill which which totals to the amount being asked for in the lawsuit g. • A copy of the contract from Capital One giving Patenaude & Felix the right to collect the debt h. •A copy of the original contract proving I have a contract with Capital One Bank and the details of that contract. Interest rates etc. i. • I would like to know if Patenaude & Felix purchased the alleged account from Capital One and if so, for how much. Link to comment Share on other sites More sharing options...
rikkivs Posted March 25, 2011 Report Share Posted March 25, 2011 like Pursuant to CCP 454 this Defendant Demands a copy of the account, such items might include:1.Copy of the instrument upon which alleged account is based (contract)2.ITEMIZATION of account from ZERO balance; including all debits and credits against the alleged account, including interest rates per transaction, date of transaction. (This part is crucial. If they cannot itemize the account from zero then how can their money claims be valid? They MUST prove up their damages and the BOP gives some indication and narrows the issues so they can't surprise you at trial.)3.Any modifications to terms and conditions over course of account. (Recently found out that this is something they can rarely provide if at all. But its vitally important because usually the amounts they're suing for are inflated and not calculated with the proper interest rates over the course of the account.)The other things like how much they paid for the account are important but I think you ask for them in discovery which you can initiate at any time since you will have your CMC tomorrow. And don't worry. These guys are notoriously sloppy and do not usually fill out their CMC statements on time or ever. Thus you mention that to the judge and ask the jugde to sanction them because it is usually against local rules of court not to turn in a CMC statement and you can use that to your advantage.Good luck! Don't keep obsessing on the BOP demand. Get it done and send it out with the proof of service etc! Link to comment Share on other sites More sharing options...
chiquita55 Posted March 25, 2011 Author Report Share Posted March 25, 2011 OK, thank you very much. I have amended it to state:In particular, demand is made on you to provide: [check all that apply] a. • Copy of the instrument upon which the alleged account is bases, ie, contract.. b. • The specific charges for the services. c. • ITEMIZATION of the account from ZERO balance; including all debits and credits against the alleged account, including interest rates per transaction, dates of transactions. d. • Any modifications to terms and conditions over course of the account. e. •A copy of the contract from Capital One giving Patenaude & Felix the right to collect the debt f. •I would like to know if Patenaude & Felix purchased the alleged account from Capital One and if so, for how much.I am going to mail this tomorrow and I am going to file a proof of mailing while I am at the court.. thanks! If anyone else has anything to add, please do. Link to comment Share on other sites More sharing options...
calawyer Posted March 25, 2011 Report Share Posted March 25, 2011 a should be "based" not "bases". e and f can be combined.e. •A copy of any contract from Capital One giving Patenaude & Felix the right to collect the alleged debt including any consideration paid therefore. Link to comment Share on other sites More sharing options...
chiquita55 Posted March 25, 2011 Author Report Share Posted March 25, 2011 thanks CA Lawyer. I will change it. Link to comment Share on other sites More sharing options...
EKU Posted March 27, 2011 Report Share Posted March 27, 2011 Hi Chiquita,Do you by any chance have a template of BOP?I would really appreciate if you could point out where I can get it. Also,. did you send to Plaintiff proof of service or you just brought it to the court? or both? Thank you in advance! Link to comment Share on other sites More sharing options...
chiquita55 Posted March 27, 2011 Author Report Share Posted March 27, 2011 somewhere on here I found a link for a bop form. You might search the boards here for bop. the actual form isn't here but a link to the page I found it. hold on,let me check my favorites and see if I have it. Nope but I found a link to the thread here I think I found it on so read thru this:http://www.creditinfocenter.com/forums/showthread.php?t=301840Also, you don't need to file in CA the BOP but that may be different in other states. I did file the proof of mailing tho to prove I mailed it (my friend mailed it) and the girl at the court did file the bop even tho I told her it didn't need to be filed so the court does have my BOP. Its a fill in form with an A B C D etc etc. Link to comment Share on other sites More sharing options...
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