panickattack Posted November 30, 2011 Report Share Posted November 30, 2011 (edited) 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 November 30, 2011 by panickattack forgot something... Link to comment Share on other sites More sharing options...
nascar Posted November 30, 2011 Report Share Posted November 30, 2011 "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. Link to comment Share on other sites More sharing options...
inthesticks Posted November 30, 2011 Report Share Posted November 30, 2011 "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. Link to comment Share on other sites More sharing options...
nascar Posted November 30, 2011 Report Share Posted November 30, 2011 Clearly a typo. I didn't even catch it. Link to comment Share on other sites More sharing options...
panickattack Posted November 30, 2011 Author Report Share Posted November 30, 2011 Ok, thanks. I was hoping that they would have to go back to the OC to have the Bill of Sale amended, but I guess that's not the case. It never hurts to ask, though! Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted November 30, 2011 Report Share Posted November 30, 2011 Bill of sale is probably right, it's the complaint that probably has the error. Link to comment Share on other sites More sharing options...
panickattack Posted November 30, 2011 Author Report Share Posted November 30, 2011 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... Link to comment Share on other sites More sharing options...
legaleagle Posted November 30, 2011 Report Share Posted November 30, 2011 "....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? Link to comment Share on other sites More sharing options...
panickattack Posted November 30, 2011 Author Report Share Posted November 30, 2011 Here is the file with the Bill of Sale. This is exactly what I received. I will PM you the JDB and attorney info... Link to comment Share on other sites More sharing options...
BV80 Posted November 30, 2011 Report Share Posted November 30, 2011 "....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. Link to comment Share on other sites More sharing options...
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