continuation of "request for admissions" 7 thru 20-critique please

[backinthe50's]

Had to research some stuff-sorry. My post an hour or so ago was of the first 6 statements I am replying to "Request for Admissions"-Midland Funding-Florida. Here are my responses for the next 14. Any comments or suggestions greatly appreciated. Have to send in the morning.

7. The exhibits attached to the complaint filed in this action are true documents which properly and correctly represent you or your authorized representative's charges.

(Attached are 12 statements in sequence-first 4 state Countrywide as the owner-next 5 have Chase as the owner and the last 3 have Slate-for Chase-as the owner.)

A. Denied. I do not recognize these attached exhibits.

8. The charges described in the exhibits attached to the Complaint filed in this action were made by you or your authorized designee.

A. Denied. I do not recognize these attached exhibits.

9.You made no payments toward the reduction of the amounts due and owing as stated on the exhibits attached to the Complaint filed in this action.

(The first 5 statements show that the payments due were made.)

A. Denied. I have no knowledge of these attached exhibits.

10. You received all the credits for payments made by you that you were entitled to receive and that related to the transaction(s) complained of in Plaintiff's Complaint and exhibits attached thereto.

A. Denied. I have no knowledge of these attached exhibits.

11. You or your authorized representative received copies of the exhibits attached to the Complaint filed in this action, shortly after the dates on the same.

A. Denied. I have no knowledge of these attached exhibits.

12. You did not object to the exhibits attached to the Complaint filed in this action prior to the time payment was required to be made.

A. I have no knowledge of these attached exhibits so therefore I deny this statement.

13. You did not object to the exhibits attached to the Complaint filed in this action prior to the time you were served with process in this case.

A. I have no knowledge of these attached exhibits and therefore I deny this statement.

14. You owe CHASE BANK USA the unpaid balance due and owing according to the exhibits attached to the complaint filed in this action.

A. I have no knowledge of these attached exhibits and therefore deny this statement.

15. Prior to the initiation of this lawsuit, you received notification from the Plaintiff that the Plaintiff is now the new owner of this account.

A. Denied. I have no recollection of receiving this notification.

16. You owe CHASE BANK USA the amount demanded in the complaint filed herein.

A. I do not recognize the account in this Complaint and therefore deny this statement.

17. You owe to the Plaintiff the amount demanded in the Complaint filed herein.

A. Denied. I have never entered into any agreement with the Plaintiff.

18. There were no objections to the charges made by you or your authorized designee.

A. I have no knowledge of the charges the Plaintiff is referring to and therefore deny this statement.

19. You have not paid in full the amount sued upon by the Plaintiff in this case.

A. Admit as I have never entered into any contract with the Plaintiff in this case and do not recognize the account associated with this case.

20. You have not paid any portion of the amount sued upon by the Plaintiff in this case.

Admit as I have never entered into any agreement with the Plaintiff in this case and I do not recognize the account associated with this case.

Okay-I don't know about these responses especially 18-19 and 20. Help please. Thank-you.

Edited March 26, 2012 by backinthe50's
wrong answer

[lilsweetie]

9.You made no payments toward the reduction of the amounts due and owing as stated on the exhibits attached to the Complaint filed in this action.

(The first 5 statements show that the payments due were made.)

A. Denied. I have no knowledge of these attached exhibits.

I am definitely as far from being a lawyer as one could possibly ever get but # 9 seems to be a trick question. I understand that you are denying since the alleged account is not yours. But the way its worded it seems if you deny, then you are denying a negative, thus admitting payments were made, but you can't admit since that would be admitting the alleged account. Definitely seems like a sneaky question and I would assume that denying is still correct but, for the experts out there, is #9 a catch-22?

[Coltfan1972]

I'd just deny without all the commentary, unless you have to elaborate, which you usually don't.

The less you say the less chance something can be taken out of context.

[sahm1998]

12. You did not object to the exhibits attached to the Complaint filed in this action prior to the time payment was required to be made.

A. I have knowledge of these attached exhibits so therefore I deny this statement.

Your #12 should read "I have no knowledge..."

I agree that #9 appears to be a trick question, so hopefully either legaleagle or coltfan will weigh in on that one.

[backinthe50's]

Thanks guys. Good eye there sahm and I agree it appears to be a trick question as I thought the last 2 were. I will deny it as coltfan suggested without all the other stuff.

Hey lilsweetie. Been looking for you. Saw the post from hubby. Been checkin on Midland being liscensed in Florida-can't find a clear up to date answer. Appears they were not a couple years ago. They are in Miami. You know anything?

[lilsweetie]

Hey Backinthe50's, I checked Midland for you on the FLOFR web and unfortunately they are licensed both under MCM (Midland Credit Management) and under Midland Funding. Here is the FLOFR website The Office of Financial Regulation , also I took someones advice on here (I want to say it was Coltfan) and checked for a NACA attorney who took my state case for a very very nominal fee, you defintely need to check that route while you can. It can't hurt. Hope that helps and feel free to ask me anything I will do my best to try and help.

[lilsweetie]

One more thing Backinthe50's I remember reading in prior posts that this was for a mortgage debt (countrywide) wasn't it? But the admissions are mentioning credit card. If the JDB/Attorney don't even know what kind of account this is, I wonder what else they have no clue on, don't have information on.

[backinthe50's]

Yes confusing to me as Countrywide held my mortgage but that who is listed as the OC on the attached statements and then Chase which is who Midland is saying they are sueing for. That's what brought my attention to this matter to begin with.

[lilsweetie]

Well it definitely seems like Midland has no clue what kind of debt this is, it may work to your advantage, I would definitely listen to the experienced guys on here to see if you can use that to your advantage.

[lilsweetie]

A strange thought passed my mind, could be they really do not want to get into who owns the note on this one, especially since it's countrywide, so they are claiming credit card when it is not. You're Pro Se, hoping to confuse? I wonder if they could even come close to proving standing if they claimed it to be mortgage as it really seems to be. I would definitely bring this up to a lawyer if you got one.

[legaleagle]

9.You made no payments toward the reduction of the amounts due and owing as stated on the exhibits attached to the Complaint filed in this action.

OBJECTION The request is unclear as the plaintiff requests an admiision that no payments were made as stated on the exhibits, then attaches exhibits that indicate payments.

Not really a trick question, just poorly written, they are going for elements of account stated. Payments can be construed as validation of the amount, and as a promise to pay.