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Help sued by Gurstel Chargo on behalf of Barclays Bank Delaware


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I am new to this so I hope I dont sound to dumb with my questions.  I have a hearing next Wed for a motion for summary judgement from Barclays Bank Delaware.   I did send validation letters to Gurstel Chargo so that they could identify the true identity of the principle agent or a contract that can validate they are indeed representing Barclays Bank, but all I got was a name.  No address, no acct, no agent.  Can I question this during my hearing?

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I don't think there is going to be a lot you can do this late in the game. Did you go thru initial disclosures yet? Did you ask for any discovery? Did you file an opposition to their motion for summary judgement?

If you have done none of these things, and the fact it is an original creditor, I would if it were me consider settling this account. @Seadragon would know if there is anything you can do this late in the game, sory I'm not of more help.

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Yes we did go thru initial disclosures, I did ask during discovery and I also filed an opposition for summary judgement.  I received a letter from the court that the judge wanted to see both parties.  I know that Gurstel is requesting to be there telephonically.  I have never been thru this so Im pretty nervous.. could I still settle before the hearing?  

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My question is can they legally just say they are representing Barclays without any written contract or proof of principle agent?  How do I know they are not representing themselves and Barclays is not the principle agent?

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Oh and gurstel chargo is a law firm who would be the lawyers representing Barclays. They are not the ones suing you, Barclays is. Look on your original complaint, who does it say the plaintiff is? Gurstel chargo boasts asset recovery is what they do

Our practice blend is uniquely designed to provide businesses with financial solutions and asset recovery. Our focus provides sophisticated and occasionally unlikely solutions to our clients fiscally driven

Looks like they have an office in Scottsdale az.

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This is what I sent .......You must provide verification that an actual debt really exists by producing the following:

 

(1)      The name and address of the organization or other governmental unit alleging a debt;

 

(2)      The name and address of the person or persons in that organization or other governmental unit alleging a claim of a debt;

 

(3)      The name of the actual creditor even if that is myself;

 

(4)      The origin of the funds used to create this alleged claim of a debt

 

(5)      The actual records of the organization or other government unit showing the time and place of the deposit and distribution of the funds used to create this alleged claim of debt.

 

(6)      The actual records of the organization or other governmental unit showing that an actual loan was made from the organization or other governmental unit’s own funds that resulted in the enclosed alleged claim of a debt.

 

(7)      The actual records of the organization or other governmental unit with a live signature on any and all document/instrument(s) used to allege the existence of a real loan of funds or debt from the organization or other governmental unit to myself or anyone else by a similar name.

 

(8)      Be advised that verification is defined (Black’s Law Dictionary, 6th Edition) as follows:  “Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition”.  Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party.

 

(9)      The actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States Code, Title 15 § 1601 et. seq. and Regulation Z.

 

(10)   The actual records of the organization or other governmental unit showing that any and all document/instrument(s) containing my signature or the likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt.

(11)   The person that prepares and swears to the validation of debt must describe: 1) your job description on a daily basis; 2) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents; 3) how long have you been in your position; 4) when did you first come in contact with the alleged account/debt; 5) how frequently do you work with the files and information they are presenting to verify/validate the alleged debt; 6) are you the person/employee who regularly works with the alleged account/debt; and 7) do you have personal knowledge about the alleged debt and/or any alleged account.

 

15 U.S.C. § 1692 (e) states that a “false, deceptive, and misleading representation, in connection with the collection of any debt,” includes the false representation of the character or legal status of any debt and further makes a threat to take any action that cannot legally be taken a deceptive practice.

 

Pursuant to 15 U.S.C. § 1692 (g) (4) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent

misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claimUntil the requirements of the Fair Debt Collection Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities.

 

This is a constructive notice that, absent the validation of your claim within 30 days, you must “cease and desist” any and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work.  You are further prohibited from contacting any other third party.  Each and every attempted contact, in violation of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any and all agents in his/her individual capacities, who take part in such harassment, and defamation, to a liability for actual damages, as well as statutory damages of up to $1,000 for each and every violation, and a further liability for legal fees to be paid to any counsel which I may retain.  Further, absent such validation of your claim, you are prohibited from filing any notice of lien and/or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt.

 

Further, pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 (g) (8), as you are merely an “agency” or other governmental unit of the United States, acting on someone else’s behalf, this is a demand that you provide the name of the original “principal”, or “holder in due course”, for whom you are attempting to collect this alleged debt.

 

Please take notice that this is a criminal investigation of the business practices of the above named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws.  Your enclosed claim of collection of a purported debt appears to be founded upon a false record in violation of U.S.C. Title 18 § 2071 and 2073 (falsifying records) and further; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C. Title 18 § 471, 472, 473 and/or 513, and further: using corrupt business practices to make and possess false records and claim of obligation, not substantiated by truthful facts in violation of the Federal Racketeer Influences and Corrupt Organization (RICO), U.S.C. Title 18 § 1961 et. seq. and further: using the U.S. Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C. § 1341 – Frauds and Swindles laws, and further sending mail with false and fictitious names, a criminal conduct falling under Title 18 U.S.C. § 1842 – Fictitious Names.

 

TAKE NOTICE

 

 

 

Debt Collector’s failure in providing Respondent with the requisite verification, validating the above referenced alleged debt within the requirements of law as codified in the Fair Debt Collection Practices Act, Fair Credit Reporting Act and the corresponding laws of each state, signifies that Debt Collector tacitly agrees that:

 

a.     Debt Collector has no lawful, bona fide, verified claim, re the above-referenced alleged account:

b.     Debt Collector waives any and all claims against Respondent and

c.      Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any and all continued collection attempts, re the above-referenced alleged account.

d.     Failure of Debt Collector to properly and legally verify/validate alleged debt as required in this notice is a self executing irrevocable power of attorney authorizing Respondent/Alleged Debtor named herein to direct the permanent removal, on behalf of the alleged Creditor, of any and all references to said account in any and all credit reporting agency files of any type.

 

This response will constitute my effort to resolve this on-going debt claim between the parties involved.  Until full disclosure is achieved, there can be no case, collection or action.  “No civil or criminal cause of action can arise lest, out of fraud, there be a valid, honest contract.”  See Eads v. Marks 249 P. 2d 257, 260.

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Where did you get this stuff?

This looks like a debt verification, and is useless in a lawsuit unless you sent it in response to a dunning letter, before the lawsuit. If you sent it before the lawsuit, and they did not send any verification of the debt, (only original creditor name, amount owed, charge off, your name and addy is all that is required for debt verification)

So did they send you anything?

Was this a credit card? Did they sen you copies of any statements? A witness list, or affidavit from someone?

You said you wrote an opposition, what did you write? If they are going for a MSJ they would have had to send you everything they plan on using, if the didnt, you would need to object to it.

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Just call before the hearing. I am sorry we could not help you more. If u end up going to court just object to anything they try to introduce based on lack of foundation and hearsay. Read up on your rules And some as threads so you. Can get N understanding. Especially read threads on motion for summary judgement. If you can get thru that hearing with the court denying then we may be able to help you . It is a long shot but may go your way. Good luck

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 I called Gurstel and left a message since person in charge was out to lunch.  Another question I have is do I still have to present myself in court if I settle?  Can I still be responsible for attorneys fees in a settlement?

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 I called Gurstel and left a message since person in charge was out to lunch.  Another question I have is do I still have to present myself in court if I settle?  Can I still be responsible for attorneys fees in a settlement?

Always appear in court even if you don't have. You wouldn't believe some of the stuff JDBs will try to pull over in court when they are unopposed.

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I called Gurstel and left a message since person in charge was out to lunch.  Another question I have is do I still have to present myself in court if I settle?  Can I still be responsible for attorneys fees in a settlement?

You can negotiate whatever you are comfortable with. Just make sure that whatever the two of you agree to, get it in writing. Otherwise it never happened.

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What was your opposition points? I think maybe this dog can hunt. So I will be blunt. They made this motion for SJ because: 1) They will not do so well at a trial, 2) Their litigation model is based on using an affidavit to stand in for their witness who flubs in court ll the time, 3) They usually do this to intimidate people into settlement all the time.

 

Post the opposition or PM us and lets analyze it. You can argue but if you are thinking of settlement then now is the time. The Justice Courts also have mandatory mediation before trial now so that could help you also. If you made good arguments in the opposition you might have a chance but we need to see them to see what if any chance you have. Recent oppositions have resulted in Maricopa County wins recently and I believe you can also.

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I'd really like to see the affidavit they are relying on, in your case. This is the same law firm that got spanked by the Court of Appeals for failing to understand the rules of evidence. I will not assume that they've learned their lesson.

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