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Midland need help with trial in 3 weeks! Are their docs good enough?


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Sent demand for bill of particulars to midland Dec 19, 2011. Rec'd responce Dec 29, 2011. Rec'd back their letters to me requesting payment, 2 statements, Capital One cycle facsimile report ( original cr), Field Data sheet shows acct number,name, address, DOB, partial SSI# date opened and charged off, and amounts. On the bottom of page state that data sheet printed by midland from electronic records provided by Cap one pursuant to the bill of sale/assignment of accounts dated 5/14/2010. Next page Exhibit 1 Forward Flow Receivable Sale Agreement Dated( then it is blanked out. then states bill of sale. Last item was a copy of Cap One Customer Agreement no signature.

On 5/1/12 rec'd request for statement of witnesses and evidence.

Today (5/24/12) I received by fed ex Affidavit in lieu of testimony by one of Midlands legal spe******t stating that she has knowledge as to how they maintain their records, and knowledge of the account, that the originial instrument creating the account was not provided to Midland and is unavailable. Then documents inclosed are the same as listed above, and in addition there is an Affidavit of Sale of Account By Original Creditor this is notarized, and then there is a Certificare of Conformity.

What should be my next move? Any advice would be greatly appreciated!

Edited by skamaka
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