Jump to content

I asked for a BOP and this is what I got


Recommended Posts

Hi guys,

My request for a BOP finally came back and it was the same exact thing they sent when I had requested a debt validation last year. Basically, a statement for the last billing cycle after which they bought the debt. I have attached it to this post. It is obviously not what I was asking for. I'm hoping after seeing this is all they have, I have a good case now. What do you think?

Thanks!

Scan.pdf

Link to comment
Share on other sites

Hi guys,

My request for a BOP finally came back and it was the same exact thing they sent when I had requested a debt validation last year. Basically, a statement for the last billing cycle after which they bought the debt. I have attached it to this post. It is obviously not what I was asking for. I'm hoping after seeing this is all they have, I have a good case now. What do you think?

Thanks!

Send a meet and confer letter and tell them their response is insufficient. Tell them what they need to provide or you'll have to file a motion to compel...after you send the letter, start preparing the motion to compel.

Link to comment
Share on other sites

It wasn't verified by anyone? It is totally insufficient as a response to BoP. you could motion to compel further BoP.

I would work the bop side before initiating further discovery requests. There are good threads on insufficient response to BoP.

This cycle facsimile report is really an electronic record. It has huge authentication requirements as an electronic record. I doesn't show anything that really ties you to the account.

but you have to jump through the hoops, so MTC and MTS is where you are at now.

Have they contacted you.

You have to send a meet and confer letter about the insufficiency of the response. and the time frame for production and all that.

I am going to look up the judgment on the pleadings statute. Is that a way we can go. If the response for the BoP is a pleading and they insufficiently respond wouldn't that be the same as if they didn't answer? wouldn't judgment on the pleadings be allowed. I don't know if the courts would go for that and why do they have it if they never grant it.

Link to comment
Share on other sites

Ok, is this a good meet and confer letter?

"On _______, Defendant served its request for a Bill of Particulars on Plaintiff. Pursuant to CCP section 454, Plaintiff has ten days to respond or it will "be precluded from giving evidence thereof." As described below, plaintiffs’ response is entirely deficient.

Plaintiff has alleged a cause of action for Open Book Account. A Bill of Particulars is appropriate under this legal theory. The response served, however is not sufficient. Plaintiff has not provided an itemization of the account showing all charges and credits thereto. It has not provided the underlying contract referred to in the complaint. Nor has it provided any contract of assignment of the claim at issue in this litigation. Such basic information is required to prove plaintiff’s claim. Plaintiff should have such information readily at hand. If not, it is difficult to understand how plaintiff acquired a good faith basis to file the lawsuit. Indeed, the only account statements plaintiff has provided demonstrate full payment of the amounts requested.

Please serve a full response on or before______. If Plaintiff fails to do so, Defendant will move the Court for an order requiring a further response or, in the alternative, an order precluding Plaintiff from offering any such evidence at trial.

Thank you for your cooperation with this request. "

Link to comment
Share on other sites

I'd leave it out...I don't think you'd want to admit payments made (and could potentially be used to make the argument that the debt is still in the SOL).

That line was written for a poster who received just one statement also. However, the moronic JDB selected a statement where $23 was owning and $23 was shown as paid.

Every case is different. You need to look at what they gave you and pick it apart. For example, if they just gave you a final statment, complain that you have not received any statements showing the charges that were purportedly made.

Good luck.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.