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JDB's response to Request for Production of Docs


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I need some help on what come next.  I received 'Plaintiff's Response to Defendant's Requests for Production of Documents' and am unsure what to do now.  I could also use some pointers on rogs and admissions posted on my original thread:  http://www.creditinfocenter.com/community/topic/320080-pocket-docket-finally-filed/

 

Here is the responses:

 

1.  The original signed application establishing the account.

ANSWER: None available.  Discovery is continuing and Plaintiff reserves the right to supplement its response if other documents become available.

 

2.  Charge slips bearing defendant's signature which establish use of the account.

ANSWER: Plaintiff objects to this request because it is vague and ambiguous.  Subject to and not waiving said objection, Plaintiff does not have copies of the merchant charge slips.  The information was electronically transmitted to the Plaintiff's assignor, the Defendant and the merchants would have the charge slips.

 

3.  The original written agreement in which defendant allegedly assented to the terms of the account.

ANSWER: Plaintiff objects to this request as the information sought is within the knowledge or control of the Defendant.  Subject to and not waiving said objection, see Exhibits A-B, discovery is continuing and Plaintiff reserves the right to supplement its response if other documents become available.

 

4. A complete history of the account from day one, establishing the legitimacy of the balance sought.

ANSWER: Plaintiff objects to this request as the information sought is within the knowledge or control of the Defendant.  Subject to and not waiving said objection, see Exhibits A-B, discovery is continuing and Plaintiff reserves the right to supplement its response if other documents become available.

 

5.  Any document setting forth the choice of law provision.

ANSWER: See Exhibit A.

 

6.  Any document plaintiff intends to introduce at trial which establishes the exact date the subject account went into default.

ANSWER: Plaintiff objects as this request is vague and contains the undefined term "default."  Subject to and not waiving said objection, see Exhibits A-B, discovery is continuing and Plaintiff reserves the right to supplement its response if other documents become available.

 

7.  Any document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce.

ANSWER: Plaintiff objects as this request is vague and ambiguous.  Subject to and not waiving said objection, see Exhibits A-B, discovery is continuing and Plaintiff reserves the right to supplement its response if other documents become available.

 

8.  Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed.

ANSWER: Plaintiff objects to this request as the information sought is within the knowledge or control of the Defendant.  Plaintiff further objects to this request as it seeks information or documents that are irrelevant and not reasonably calculated to the discovery of admissible evidence.  Plaintiff also objects to this request to the extent that it seeks to require Plaintiff to provide responses for persons or entities other than Plaintiff.  Plaintiff provides responses only on its own behalf.

 

9.  Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial.

ANSWER: See Exhibit B, discovery is continuing and Plaintiff reserves the right to supplement its response if other documents become available.

 

10.  Proof of mailing of monthly statements.

ANSWER: See Exhibit B, discovery is continuing and Plaintiff reserves the right to supplement its response if other documents become available.

 

11.  Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time.

ANSWER: Plaintiff objects to this request as the information sought is within the knowledge or control of the Defendant.  Plaintiff further objects to this request as it seeks information or documents that are irrelevant and not reasonably calculated to the discovery of admissible evidence.

 

12.  Any document produced by plaintiff in the normal course of business defining "unreasonable amount of them".

ANSWER: Plaintiff objects to this request as it seeks information or documents that are irrelevant and not reasonably calculated to the discovery of admissible evidence.  Subject to and not waiving said objection, see Exhibit B, discovery is continuing and Plaintiff reserves the right to supplement its response if other documents become available.

 

13.  Documents establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees.  These documents should show the account number and name of the account holder.

ANSWER: Plaintiff objects to this request as it seeks information or documents that are irrelevant and not reasonably calculated to the discovery of admissible evidence.  Subject to and not waiving said objection, see Exhibits B-C, discovery is continuing and Plaintiff reserves the right to supplement its response if other documents become available.

 

14.  The forward flow document governing this transaction, or any document setting forth any guarantees or warrantees (or lack thereof) from the original creditor attesting to the accuracy of the account balance.

ANSWER: Plaintiff objects as this request is vague and contains the undefined term "forward flow document."  Subject to and not waiving said objection, see Exhibits A-C, discovery is continuing and Plaintiff reserves the right to supplement its response if other documents become available.

 

The Exhibits

 

Exhibit A: Providian VISA or MASTERCARD ACCOUNT AGREEMENT- 7 pages of double columned credit card terms.  Looks generic/standard (i.e contains no specific info).

 

Exhibit B: 5 credit card billing statements that show late fees and interest charges.  Account number is redacted except for last four digits & statements are address to me.

 

Exhibit C: Bill of Sale between Chase Bank USA, N.A. and Hilco Receivables (struck-through with 'EAF, LLC' handwritten above.  This doc is 1 page and is an Exhibit to a Credit Card Account Purchase Agreement (rest of said agmt was not included).  

 

 

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Lucky you, they have crap. :)  go read helpme's thread, she just won from EAF, as did another with that same crappy bill of sale.  go look at helme's motions, and things she filied, I think the evidence was similar. You would have to redact her info, and find your own case law. 

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You should keep all your replies and info in your case thread, so others do not have to jump around to find it.  I would repost this in your original thread.

 

Now, they are coming after a big chunk of change.  they do not have what they need.

Your bill of sale is crap.  EAF has to show they are hilco, they just cant cross them out. (DO NOT AK THEM TO PROVE THAT)  They would only have to bring in a paper that says hilco and eaf are incorporated, then they would accept that bill of sale without other factors coming in to play by you.  They can hang their selves on that point.

 

You have providian--wamu--chase.  They need to provide you with the cardmember agreement from providian, that is the one you originally agreed to, with any others as an ammendent.  Did you make any charges after chase took over? Or just payments?   That could come into play too.

 

looks like they are suing on account stated, they absolutely have to provide you with a history of zero balance to present charge off so you can see how charges and interest accured.  Also, they need to prove the account was closed for default-- if it is just the last billing statement, for all they know you could have done business after that statement, so they would not be entitled to win on account stated.

 

lots of stuff, but I cant go through it all right now, im on a break at work. :)

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It is much better to keep your whole ongoing case in the same thread. 

 

These answers are typical rhetoric from JDB attorneys.  Remember to fire back with the same style of answers if and when they send you any discovery.

 

Someone mentioned a bill of sale.  I looked through your original thread and did not see anything about it. 

Can you post the exact words of their bill of sale? (if you indeed have it) 

What you do next is slam them with request for admissions based on the wording of the bill of sale and the answers they gave you.

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  • 5 months later...

My wife is being sued by Midland, but the account was originally a Chase CC that was sold to Hilco. They provided the exact same documents as you. In the bill of sale, parts were redacted. The lone credit card statement, the account # was blacked out like yours. They provided a purchase agreement that equitable bought hilco and cross out Hilco and handwrote EAF on the Chase BOS. 

 

Hilco is still a company, who's parent company is Equitable. Like Encore owns Midland and Sherman owns LVNV. Equitable would have had to purchase or do an internal transfer from Hilco, which there is an agreement for. 

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