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Discrepancy in Complaint vs Affadavit - good for me?


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Hello! I am drafting answers to my lawsuit right now and noticed this discrepancy in the complaint. Can I use it in any way to my advantage? Details below (and thanks for looking!):

Paragraph 2 on Complaint:

"2. Plaintiff acquired on or about October 25, 2010 for a valuable consideration, all right, title and interest in the account heretofore stated originally owed by Defendant to HSBC Bank"

THEN, on the attached Bill Of Sale:

"....for value received and pursuant to the terms and conditions of the Receivables Purchase Agreement ("Agreement") dates October 26, 2009, between Seller and HSBC Card Services and XXXX, ("Purchaser"), does hereby sell, assign and convey to Purchaser, its successor and assigns all right, title and interest of Seller....." etc, etc.

So, the dates are a year off. Just wondering if this can work to my benefit. Thanks so much! :)

:)++ I should also add Paragraph 4 of the Complaint:

"4. That XXXX, Junk Debt Buyer, was licensed on October 25, 2010, the date of the assignment applicable to this account."

Edited by panickattack
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"On or about" October 25 could include October 26.

Paragraph 4 seems irrelevant unless the referred to license is a condition precedent to taking an assignment.

In any event, it does not say the plaintiff obtained a license on October 25, it says the plaintiff was licensed on October 25, inferring that it obtained whatever license prior to October 25.

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"On or about" October 25 could include October 26.

Paragraph 4 seems irrelevant unless the referred to license is a condition precedent to taking an assignment.

In any event, it does not say the plaintiff obtained a license on October 25, it says the plaintiff was licensed on October 25, inferring that it obtained whatever license prior to October 25.

That's what I thought at first too, but the difference is not a day. It's a year - October 26 2009 vs. October 25 2010. Not sure if even that would be useful, though. I would think the plaintiff could just argue this is a typo and file an amended complaint.

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I hope thats not the case....that could screw up my SOL defense if I were making payments to the JDB. If the purchase date of 2009 is correct, the payments would have been made to the JDB, if they bought the debt in 2010 (as they claim) then the payments were make to OC or some other collection agency. All I can recall is that they were in WA state. I dont see any listings for my JDB in WA State...

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"....for value received and pursuant to the terms and conditions of the Receivables Purchase Agreement ("Agreement") dates October 26, 2009, between Seller and HSBC Card Services and XXXX, ("Purchaser"), does hereby sell, assign and convey to Purchaser, its successor and assigns all right, title and interest of Seller....." etc, etc.

Did you type this correctly? This is a mess. It almost sounds like HSBC bought the account from somebody else, then sold it to these guys. Request a revision or better answer so as to straighten this out. This is too sloppy to decipher. Who is the JDB and what law firm?

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"....for value received and pursuant to the terms and conditions of the Receivables Purchase Agreement ("Agreement") dates October 26, 2009, between Seller and HSBC Card Services and XXXX, ("Purchaser"), does hereby sell, assign and convey to Purchaser, its successor and assigns all right, title and interest of Seller....." etc, etc.

Did you type this correctly? This is a mess. It almost sounds like HSBC bought the account from somebody else, then sold it to these guys. Request a revision or better answer so as to straighten this out. This is too sloppy to decipher. Who is the JDB and what law firm?

The XXXX represents the name of the purchaser. When you read the entire bill of sale, it's clear.

That being said, it still doesn't show the OP's name or account number. :)

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