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BOP - Got Answered same day I send Meet & Confer (go figure)


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Yes, I got my BOP the same day I got back from the Post Office sending a Meet & Confer. Anyhoo, here it goes:

From N&K Attorneys

On 28 Legal Line Paper:

1. The Original Creditor is HSBC

2. The date the account was opened is 12/28/06

3. The date of the last payment on the account is 5/9/11

4. The date the account was charged off by HSBC 12/31/09

5. The outstanding principal balance due to Plaintiff is 2517.17

6. The account number is XXXXXXXXXXX (last 4numbers)

7. A copy of the bill of sale and/or statement of account currently in the possession, custody or control of Plaintiff, are attached hereto as Exhibit 1.

Dated:________________ Signature__________________

Attachments:

Attachment #1 Verification: I, ___________________ (which is the attorney), declare:

I am an attorney at law duly admitted and licensed to practice before all courts of the SofC and I have my professional office at ___________. I am the atty of record for Plaintiff in the above-entitled matter. Plaintiff is absent from the county in which I have my office and for that reason, I am making this verification of Plaintiff's Response to Demand for Bill of Particulars on its behalf and pursuant to CCP454. I have read the foregoing Response and know the content thereof. I am informed and believe that the matters stated herein are true.

I declare under penalty of perjury under the laws of the SofC that the foregoing is true and correct.

Executed on Feb 8

Attachment #2 PROOF OF SERVICE dated 2/8/12

Attachment #3 HSBC Bill Statement dated 12/27/09 Bal ________

Attachment #4 A print out list of Accounts with all accts blacked out except one with Acct# last 4 digs, my name and ssn xxxxxxx (last 4 digs) and BLKdate 20091231 Bal

Attachment #5 BILL OF SALE Plain Paper, no logos or letterhead.

HSBC (seller) for value received and pursuant to the terms and conditions of the Receivables Purchase Agreement dated 2/20/09 between Seller & MSA, does hereby sell, assign and convey to Purchaser, its successor and assigns, all right, title and interest of Seller in and to those certain purchased receivables listed on the Sale File attached as Exhibit A, without recourse and without representation of, or warranty of, collectibility, or otherwise, except to the extent provided for within the Agreement.

Executed this day of, 2010

HSBC

Name:

Vice President-Assistant Secretary

Attachment #6 (this has a fax stamp on top margin of June 24, 2010)

AFFIDAVIT OF ORIGINATION AND ASSIGNMENT OF PORTFOLIO ACCOUNTS

STATE OF NEVADA, COUNTY OF CLARK (NOTARIZED)

I, Stuart Austin, being first duly sworn on oath or upon affirmation, depose and state that I am the authorized agent and a custodian of records of HSBC Bank Nevada, N.A. and HSBC Card Services (III) Inc., that I am of legal age with full authority to make the statements contained herein, that I have personal knowledge of the following facts and that they are true and correct, and if called as a witness I could competently testify to the matters stated herein as follows:

1. I am familiar with the books and records of HSBC Bank Nevada, N.A. and HSBC regarding credit card accounts sold to Main Street Acquisitions by HSBC Card Services pursuant to a forward flow Receivables Purchase Agreement entered into on February 20, 2009 (Agreement). These records are kept in the ordinary course of a regularly conducted business activity and are made either by a person having personal knowledge of the information contained therein, and I know from my experience in reviewing such records and from common knowledge of how credit cards work that those records are made and maintained by individuals who have a business duty to make entries in the records accurately at or near the time of the event that they record.

2. The records consist of electronic information that is generated, stored and maintained in accordance with generally accepted standards in the financial industries by individuals that possess the knowledge and training to ensure the accuracy reliability of the records.

3. The business records furnished show that HSBC was the entity which originated the original credit card account contracts, or re-originated the credit card account contracts after purchase from another entity by reissuing the account with the same card number and notifying the account holder of same, for all of the credit card accounts which have been or will be sold by HSBC to Main Street Acquisition Corp under the Agreement; and that HSBC Ban Nevada, N.A. transferred all of its rights and interest in these accounts, and the records related thereto, to its affiliate HSBC Card Services (III) Inc. on or about the date of charge off of each such account, pursuant to an agreement between HSBC Bank Nevada, NA and HSBC Card Services (III) Inc., as such charge off date is identified in the electronic business records of each account which has been or will be transferred to Main Street Acquisition Corp., contemporaneously with the sale of each such account. Pursuant to the agreement between HSBC Bank Nevada, NA and HSBC Card Services (III) Inc. all charged off accounts were transferred to HSBC Card Services (III) Inc. in the ordinary course of business.

Further Affiant sayeth not.

Dated this 22nd day of June, 2010

Signatures of HSBC Vice President

How should I proceed? as far as this BOP Answer? I also have to answer to them ASAP like within 1 or 2 days INTERROGATORIES, REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS.

One question I have now is, on the Request for Production of Documents it states we have to meet in Northern California at their place of business on March 14th? Do I have to go? I live in So Cali, which is one of the reasons why they had to file in So. Cali where I reside and where the contract was signed?

Any help will be appreciated.

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I think the response was deficient...they should have itemized all the transactions on the account...I'd send another meet and confer regarding the deficient responses - give them 10 more days, then hit them with a motion to preclude.

Most likely, you've got all the "evidence" they have.

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I think the response was deficient...they should have itemized all the transactions on the account...I'd send another meet and confer regarding the deficient responses - give them 10 more days, then hit them with a motion to preclude.

Most likely, you've got all the "evidence" they have.

Yeah, then they're asking me for all the rest of the Evidence!

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My first letter was to give them more time (I waited 30 days), then they finally complied the same day I mailed out the MTC.

Here's my Motion to Confer. I want to mail it today.

On January 9, 2012, Defendant sent to Plaintiff a request for Bill of Particulars pursuant to California Code of Procedure Section 454. Per CCP 454, the recipient has 10 days to respond to such request. On Febuary 11, 2012, Defendant received Plaintiff's response which was over 20 days past the 10 days to respond, in addition, response is inadequate as it did not comply with the requirements of CCP 454."

Defendant is giving Plaintiff an additional 5 days to comply to Bill of Particulars. If for some reason, Plaintiff feels exempt from such requests, please elaborate on the subject. If no response is received within 5 days, I shall file a motion with the Court seeking an Order to compel a response, or in the alternative, preclude such evidence from trial.

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1. The Original Creditor is HSBC

2. The date the account was opened is 12/28/06

3. The date of the last payment on the account is 5/9/11

4. The date the account was charged off by HSBC 12/31/09

Did you make a payment on 5/9/11 or is this the JDB making the payment?

#5 BILL OF SALE Plain Paper, no logos or letterhead.

HSBC (seller) for value received and pursuant to the terms and conditions of the Receivables Purchase Agreement dated 2/20/09 between Seller & MSA, does hereby sell, assign and convey to Purchaser, its successor and assigns, all right, title and interest of Seller in and to those certain purchased receivables listed on the Sale File attached as Exhibit A, without recourse and without representation of, or warranty of, collectibility, or otherwise, except to the extent provided for within the Agreement.

Executed this day of, 2010

If you look at the BOS and the purchase date of the alleged acct, it was prior to the acct being charged off by HSBC. There was no possible way the alleged acct was part of the bundle that MSA purchased. The acct was still in HSBC's possession = 12/31/09.

You may have something here...hmmm

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Did you make a payment on 5/9/11 or is this the JDB making the payment?

If you look at the BOS and the purchase date of the alleged acct, it was prior to the acct being charged off by HSBC. There was no possible way the alleged acct was part of the bundle that MSA purchased. The acct was still in HSBC's possession = 12/31/09.

You may have something here...hmmm

yes to original debt holder not jdb pymts didn't stop until Oct. 2011. I had a 50 pymt agreement and was told to pay original debtor, which is very confusing to me. When I set up the agreement over the phone, I thought I was speaking with the collection dept "of" HSBC.

Anyway, as far as the Affidavit, if I'm reading right, they are talking in general of account "as" they charge off. They didn't provide the Receivables Purchase Agreement they entered into on Feb. 20, 2009 that they mention in the Affidavit? But, in the Affidavit i states pursuant to AGREEMENT between HSBC AS CHARGE OFF DATE IS IDENTIFIED in the business records of each acct which has been or will be transferred to MSA Corp.

That is a very confusing statement. It reads as if some of these accounts have already been transferred and the rights will be transferred as they right them off. The exhibit that was attached was 1 page of 65 pages of supposed accts they were speaking of all but one line was blacked out.

So, what do you think about my Meet and Confer ltr?

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My first letter was to give them more time (I waited 30 days), then they finally complied the same day I mailed out the MTC.

Here's my Motion to Confer. I want to mail it today.

On January 9, 2012, Defendant sent to Plaintiff a request for Bill of Particulars pursuant to California Code of Procedure Section 454. Per CCP 454, the recipient has 10 days to respond to such request.

On Febuary 11, 2012, Defendant received Plaintiff's response which was over 20 days past the 10 days to respond, in addition, response is inadequate as it did not comply with the requirements of CCP 454."

Defendant is giving Plaintiff an additional 5 days to comply to Bill of Particulars. If for some reason, Plaintiff feels exempt from such requests, please elaborate on the subject. If no response is received within 5 days, I shall file a motion with the Court seeking an Order to compel a response, or in the alternative, preclude such evidence from trial.

Here are some thoughts:

On January 9, 2012, Defendant sent to Plaintiff a request for Bill of Particulars pursuant to California Code of Procedure Section 454. Per CCP 454, the recipient has 10 days to respond to such request.

On Febuary 11, 2012, Defendant received Plaintiff's response and Defendant considered the papers you served on said date, to be inadequate and defective because pursuant to CCP 454 and Volume 2 of the Civil Procedure Before Trial under the section Bill of Particulars, Plaintiff and its attorney on record failed to provide the itemization of the debits and credits of the alleged account as entitled to the Defendant.

Please correct the bill by adding the necessary detail and resubmitting it to the Defendant no later than 5 days from the date of this letter.

If Defendant has not been served with a bill containing the additional information by that date, Defendant intends to notice a motion for a court order requiring Plaintiff to furnish a further bill or in the alternative preclude any such evidence be admitted at trial.

I look forward to your cooperation in this matter.

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Thanks HELPME, much appreciated!

Now I'm wondering if I should just add the letter to confer onto the Proof of Service Statement and put it in the same envelope! Or should it have it's own envelope, or does it really matter? Thought I'd save some postage! lol

I was going to put it all one large envelope and send it CMRRR.

Laura

Here are some thoughts:

On January 9, 2012, Defendant sent to Plaintiff a request for Bill of Particulars pursuant to California Code of Procedure Section 454. Per CCP 454, the recipient has 10 days to respond to such request.

On Febuary 11, 2012, Defendant received Plaintiff's response and Defendant considered the papers you served on said date, to be inadequate and defective because pursuant to CCP 454 and Volume 2 of the Civil Procedure Before Trial under the section Bill of Particulars, Plaintiff and its attorney on record failed to provide the itemization of the debits and credits of the alleged account as entitled to the Defendant.

Please correct the bill by adding the necessary detail and resubmitting it to the Defendant no later than 5 days from the date of this letter.

If Defendant has not been served with a bill containing the additional information by that date, Defendant intends to notice a motion for a court order requiring Plaintiff to furnish a further bill or in the alternative preclude any such evidence be admitted at trial.

I look forward to your cooperation in this matter.

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Thanks HELPME, much appreciated!

Now I'm wondering if I should just add the letter to confer onto the Proof of Service Statement and put it in the same envelope! Or should it have it's own envelope, or does it really matter? Thought I'd save some postage! lol

I was going to put it all one large envelope and send it CMRRR.

Laura

For me, on the green card, I had written down what I sent so when I get it back I attach it to the documents sent. In the proof of service, do you plan to state that in addition to the documents you are sending there is a meet&confer letter?

I don't want them to come back and say they never received it because it was not mentioned in the proof of service therefore there would be no proof you sent it. Me, personally, I sent my m&c letter in a different envelope for better tracking but that's just me.

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I just added it to the Proof of Service and had it signed and going to Post office as we speak. Well, maybe not as we speak. But right now! lol

Thanks for all your help. Not really a happy camper though. Just got the mail today . Received something from my bank :( Will come back later to explain. Has something to do with this case.

For me, on the green card, I had written down what I sent so when I get it back I attach it to the documents sent. In the proof of service, do you plan to state that in addition to the documents you are sending there is a meet&confer letter?

I don't want them to come back and say they never received it because it was not mentioned in the proof of service therefore there would be no proof you sent it. Me, personally, I sent my m&c letter in a different envelope for better tracking but that's just me.

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I just added it to the Proof of Service and had it signed and going to Post office as we speak. Well, maybe not as we speak. But right now! lol

Thanks for all your help. Not really a happy camper though. Just got the mail today . Received something from my bank :( Will come back later to explain. Has something to do with this case.

Did JDB wipe out your account?

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Yes, I got my BOP the same day I got back from the Post Office sending a Meet & Confer. Anyhoo, here it goes:

From N&K Attorneys

On 28 Legal Line Paper:

1. The Original Creditor is HSBC

2. The date the account was opened is 12/28/06

3. The date of the last payment on the account is 5/9/11

4. The date the account was charged off by HSBC 12/31/09

5. The outstanding principal balance due to Plaintiff is 2517.17

6. The account number is XXXXXXXXXXX (last 4numbers)

7. A copy of the bill of sale and/or statement of account currently in the possession, custody or control of Plaintiff, are attached hereto as Exhibit 1.

Dated:________________ Signature__________________

Attachments:

Attachment #1 Verification: I, ___________________ (which is the attorney), declare:

I am an attorney at law duly admitted and licensed to practice before all courts of the SofC and I have my professional office at ___________. I am the atty of record for Plaintiff in the above-entitled matter. Plaintiff is absent from the county in which I have my office and for that reason, I am making this verification of Plaintiff's Response to Demand for Bill of Particulars on its behalf and pursuant to CCP454. I have read the foregoing Response and know the content thereof. I am informed and believe that the matters stated herein are true.

I declare under penalty of perjury under the laws of the SofC that the foregoing is true and correct.

Executed on Feb 8

Attachment #2 PROOF OF SERVICE dated 2/8/12

Attachment #3 HSBC Bill Statement dated 12/27/09 Bal ________

Attachment #4 A print out list of Accounts with all accts blacked out except one with Acct# last 4 digs, my name and ssn xxxxxxx (last 4 digs) and BLKdate 20091231 Bal

Attachment #5 BILL OF SALE Plain Paper, no logos or letterhead.

HSBC (seller) for value received and pursuant to the terms and conditions of the Receivables Purchase Agreement dated 2/20/09 between Seller & MSA, does hereby sell, assign and convey to Purchaser, its successor and assigns, all right, title and interest of Seller in and to those certain purchased receivables listed on the Sale File attached as Exhibit A, without recourse and without representation of, or warranty of, collectibility, or otherwise, except to the extent provided for within the Agreement.

Executed this day of, 2010

HSBC

Name:

Vice President-Assistant Secretary

Attachment #6 (this has a fax stamp on top margin of June 24, 2010)

AFFIDAVIT OF ORIGINATION AND ASSIGNMENT OF PORTFOLIO ACCOUNTS

STATE OF NEVADA, COUNTY OF CLARK (NOTARIZED)

I, Stuart Austin, being first duly sworn on oath or upon affirmation, depose and state that I am the authorized agent and a custodian of records of HSBC Bank Nevada, N.A. and HSBC Card Services (III) Inc., that I am of legal age with full authority to make the statements contained herein, that I have personal knowledge of the following facts and that they are true and correct, and if called as a witness I could competently testify to the matters stated herein as follows:

1. I am familiar with the books and records of HSBC Bank Nevada, N.A. and HSBC regarding credit card accounts sold to Main Street Acquisitions by HSBC Card Services pursuant to a forward flow Receivables Purchase Agreement entered into on February 20, 2009 (Agreement). These records are kept in the ordinary course of a regularly conducted business activity and are made either by a person having personal knowledge of the information contained therein, and I know from my experience in reviewing such records and from common knowledge of how credit cards work that those records are made and maintained by individuals who have a business duty to make entries in the records accurately at or near the time of the event that they record.

2. The records consist of electronic information that is generated, stored and maintained in accordance with generally accepted standards in the financial industries by individuals that possess the knowledge and training to ensure the accuracy reliability of the records.

3. The business records furnished show that HSBC was the entity which originated the original credit card account contracts, or re-originated the credit card account contracts after purchase from another entity by reissuing the account with the same card number and notifying the account holder of same, for all of the credit card accounts which have been or will be sold by HSBC to Main Street Acquisition Corp under the Agreement; and that HSBC Ban Nevada, N.A. transferred all of its rights and interest in these accounts, and the records related thereto, to its affiliate HSBC Card Services (III) Inc. on or about the date of charge off of each such account, pursuant to an agreement between HSBC Bank Nevada, NA and HSBC Card Services (III) Inc., as such charge off date is identified in the electronic business records of each account which has been or will be transferred to Main Street Acquisition Corp., contemporaneously with the sale of each such account. Pursuant to the agreement between HSBC Bank Nevada, NA and HSBC Card Services (III) Inc. all charged off accounts were transferred to HSBC Card Services (III) Inc. in the ordinary course of business.

Further Affiant sayeth not.

Dated this 22nd day of June, 2010

Signatures of HSBC Vice President

How should I proceed? as far as this BOP Answer? I also have to answer to them ASAP like within 1 or 2 days INTERROGATORIES, REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS.

One question I have now is, on the Request for Production of Documents it states we have to meet in Northern California at their place of business on March 14th? Do I have to go? I live in So Cali, which is one of the reasons why they had to file in So. Cali where I reside and where the contract was signed?

Any help will be appreciated.

You have to send the responses to them only at the address they stated.

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Thanks Seadragon!

I mailed today. Of course the last day, last half hour that I could have possibly responded! Gave myself a serious migraine. But it's OFF. We'll see. I also sent another Meet & Confer letter.

Yes last minute filings are a way of life for pro per. The best thing to do is wipe off the stress tears and be a little more proactive. You want to give them the stress tears.

You did good and now learn more to prevent the feelings you had while doing the last minute printing(printer envariably decides to have problems when you need it most), collating papers and driving like a mad person to the courthouse.

welcome to the suck.

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Yes last minute filings are a way of life for pro per. The best thing to do is wipe off the stress tears and be a little more proactive. You want to give them the stress tears.

You did good and now learn more to prevent the feelings you had while doing the last minute printing(printer envariably decides to have problems when you need it most), collating papers and driving like a mad person to the courthouse.

welcome to the suck.

Thanks Seadragon! You made me laugh and I really needed that! ;)

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