Patenaude & Felix, Help did I send my discovery to late?

[jene_rae]

I have been sick with a very rare disease, just diagnosed, and I may have missed the boat on getting my discovery to them on time.  My court date is August 26, 2013 and I sent my discovery on July, 9th 2013. 

 

They sent me a letter dated August 7th stating:

Our offices have recieved your discovery requests with a proof of service dated July 9, 2013.  As you may be aware, per CCP 2024.020 all discovery must be completed 30 days prior to trial.  Currently, trial is set for august 26, 2013 and therefore your discovery requests are untimely and no responses will be provided.

 

 

Any help is much appreciated.

[doublethefun9941]

You should check out Homeless In California's thread to learn how to write a motion a limine. That one of your last available options. Did you receive a CCP 98 declaration in lieu of testimony per CCP 98? Good luck to you.

 

http://www.creditinfocenter.com/community/topic/320243-going-to-trial-in-california/

 

 

 

I am not an attorney

[racecar]

your discovery requests are untimely and no responses will be provided

 

Courts, by virtue of their authority to hear and determine cases, have inherent discretionary power to grant or deny continuances subject to restrictions imposed by statute. Continuances are granted when necessary to avert a miscarriage of justice but will be denied if sought merely for the purpose of delay.

Send a meet and confer letter stating you were sick(be able to prove it)

Then I would ask the court for more time to send discovery requests and for plaintiff to answer discovery.

 

If denied you can still win your case by making the plaintiff prove every element of his case.

[jene_rae]

You should check out Homeless In California's thread to learn how to write a motion a limine. That one of your last available options. Did you receive a CCP 98 declaration in lieu of testimony per CCP 98? Good luck to you.

 

http://www.creditinfocenter.com/community/topic/320243-going-to-trial-in-california/

 

 

 

I am not an attorney

The things I have received from them is:

 

1) Plaintiff's Statement of Witness and Desription of Evidence CCP 96, General objection-service date is not timely as required by ccp 96

 

2) Meet & Confer letter-received my discovery request...therefore your discovery requests are untimely and no response will be provided.

 

3) Trial Notice 

 

4) Notice in Lieu of Subpoena to Appear at trial

 

5) Trial Brief:

     Introduction-This case stems from money damages in the amount $ arising from non-payment on a credit account...

     Statement of Facts-The debt in this matter is based on a credit account for charges and/or cash advances furnished to Defendant and     Defendant's special insistence and request.  Plaintiff agreed to extend to Defendant the use of Plaintiff's credit facilities, and issued Defendant credit on account number xxxxxxx (not listing a full account number) for Defendant's use under the terms of the contract.  Defendant agreed to be bound by the terms of the agreement which were sent to Defendant at the time the credit card was established.  ( A true copy of Card Agreement has been attached as Exhibit "1" to Plaintiff's Exhibit List for Trial)  no actual card agreement attached just pages 4 of 9 of an agreement stating things such as Using the card, credit line, billing statements, rebate but no account number, no Defendant name, signature or anything.

    Legal Argument-

A) Defendant is liable under the common count of account stated. 1) prior transactions between the parties which established a debtor-creditor relationship 2) an express or implied agreement between the parties as to the amount due; and 3) an express or implied promise from the debtor to pay the amount due.  Zinn v Fred R. Bright Co. (App 4 Dist 1969) 76 Cal. Rptr. 633, 271 Cal. App 2d 597, 600; 1 Am. Jur. 2nd accounts and accounting section 25 (west 2007).

1.  An account is stated with each transaction between the parties, and becomes a new contract...When the account is assented to, "it becomes a new contract".

2. No fraud has been claimed...

3.The claim is within statue of limitation...

Defendant is obligated to pay the entire amount due

     Conclusion-Plaintiff request that judgement be entered against Defendant...

 

6) Plaintiff's witness list for Trial...names of those person(s) the plaintiff reasonably anticipates calling in it's case chief...1.Walter Gibbs or Kurt Sipmann 2. ME!!  now they gave me no contact information for these individuals at all.

 

7) Plaintiff's Exhibit List: Ex 1 Copy of Card Agreement (not!) Ex 2 Copies of billing statement from Defendant's credit card account 2/11-12/11

 

8) Memorandum of cost

 

9)  Judgement by court

 

Please help if you see any angle I can go at them!

[doublethefun9941]

Who is the plaintiff. 

 

Not sure what this is: Notice in Lieu of Subpoena to Appear at trial. Was this document from the Plaintiff requiring you to appear at trial and does it say CCP 1987 somewhere on it. 

 

Rules of CCP 96:

The request shall be served no more than 45 days or less than 30 days prior to the date first set for trial, unless otherwise ordered.

Did you serve it to them within those deadlines. 

 

It appears you did not receive a declaration in lieu of testimony per CCP 98. Is this correct. 

 

Did they give you any means throughout the case of contacting their two witnesses. If you did not receive a declaration in lieu of testimony, did you have any documented confirmation who these two witnesses work for. 

 

Is this case the same as the case noted below. 

  American Express vs me, Patenaude & Felix, CA, Motion to Compell BOP

 

I am not an attorney

[jene_rae]

Thanks doublethefun9941 for your questions.  Let me answer those for you:

 

Plaintiff: Patenaude & Felix (American Express FSB)

 

Yes it does say CCP 1987

 

I served them to late with my CCP 96

 

No means at all throughout the case of contacting their two witnesses.  I have not received any declaration in lieu of testimony and I have no documented confirmation who the two witnesses work for.

 

Yes, same case.

 

Thanks

[jene_rae]

My court date is in a week!  I feel so unprepared.  Any help is needed. 

 

The things I have received from them is:

 

1) Plaintiff's Statement of Witness and Desription of Evidence CCP 96, General objection-service date is not timely as required by ccp 96

 

2) Meet & Confer letter-received my discovery request...therefore your discovery requests are untimely and no response will be provided.

 

3) Trial Notice 

 

4) Notice in Lieu of Subpoena to Appear at trial

 

5) Trial Brief:

     Introduction-This case stems from money damages in the amount $ arising from non-payment on a credit account...

     Statement of Facts-The debt in this matter is based on a credit account for charges and/or cash advances furnished to Defendant and     Defendant's special insistence and request.  Plaintiff agreed to extend to Defendant the use of Plaintiff's credit facilities, and issued Defendant credit on account number xxxxxxx (not listing a full account number) for Defendant's use under the terms of the contract.  Defendant agreed to be bound by the terms of the agreement which were sent to Defendant at the time the credit card was established.  ( A true copy of Card Agreement has been attached as Exhibit "1" to Plaintiff's Exhibit List for Trial)  no actual card agreement attached just pages 4 of 9 of an agreement stating things such as Using the card, credit line, billing statements, rebate but no account number, no Defendant name, signature or anything.

    Legal Argument-

A) Defendant is liable under the common count of account stated. 1) prior transactions between the parties which established a debtor-creditor relationship 2) an express or implied agreement between the parties as to the amount due; and 3) an express or implied promise from the debtor to pay the amount due.  Zinn v Fred R. Bright Co. (App 4 Dist 1969) 76 Cal. Rptr. 633, 271 Cal. App 2d 597, 600; 1 Am. Jur. 2nd accounts and accounting section 25 (west 2007).

1.  An account is stated with each transaction between the parties, and becomes a new contract...When the account is assented to, "it becomes a new contract".

2. No fraud has been claimed...

3.The claim is within statue of limitation...

Defendant is obligated to pay the entire amount due

     Conclusion-Plaintiff request that judgement be entered against Defendant...

 

6) Plaintiff's witness list for Trial...names of those person(s) the plaintiff reasonably anticipates calling in it's case chief...1.Walter Gibbs or Kurt Sipmann 2. ME!!  now they gave me no contact information for these individuals at all.

 

7) Plaintiff's Exhibit List: Ex 1 Copy of Card Agreement (not!) Ex 2 Copies of billing statement from Defendant's credit card account 2/11-12/11

 

8) Memorandum of cost

 

9)  Judgement by court

 

Please help if you see any angle I can go at them!

[jene_rae]

So I just figured out how to use this site and I feel it's to late.  I was having trouble finding the information everyone was handing to me on here.  Now that I see it all and understand how to find threads it's way to late.

 

Basically I was to late for my discovery to plaintiff, to late for my CP 96.  My court date is on next Monday 8/26/2013.  Is it to late to file motion a limine, declaration in support and file my trail brief?

 

Thanks everyone for the help and sorry I just couldn't figure it out sooner.

[doublethefun9941]

You need to go online and look at your local county court rules. They will tell you when you need to file a Motion in Limine by. You are going up against an original creditor who appear to be bringing a witness to trial. Your best bet at this point is to see if you can still write a motion in limine and work on how to cross examine the witness at trial. Homeless in California Thread is great for both of those. He has his Motion in Limine posted and a lot of stuff to prepare and bring to trail. You have very little time so Homeless thread will be best excluding all the stuff about CCP 98 Declaration in Lieu of Testimony since it does not appear you got one. Good luck. 

 

http://www.creditinfocenter.com/community/topic/320243-going-to-trial-in-california/

 

I am not an attorney

[jene_rae]

You need to go online and look at your local county court rules. They will tell you when you need to file a Motion in Limine by. You are going up against an original creditor who appear to be bringing a witness to trial. Your best bet at this point is to see if you can still write a motion in limine and work on how to cross examine the witness at trial. Homeless in California Thread is great for both of those. He has his Motion in Limine posted and a lot of stuff to prepare and bring to trail. You have very little time so Homeless thread will be best excluding all the stuff about CCP 98 Declaration in Lieu of Testimony since it does not appear you got one. Good luck. 

 

http://www.creditinfocenter.com/community/topic/320243-going-to-trial-in-california/

 

I am not an attorney

Thank you so much for your help!  Everyone has been so awesome.  Luckily this is a very small amount so if I were to loose, well that would be another topic.  I have another one with BofA and it's for a larger amount so I feel very good about staying on track for that one.

So happy to have found this site and the people that are willing to help other out

jene_rae

[jene_rae]

Had heck of a time finding the local rules on this but did call the civil dept and the lady was very nice, helping me without helping me.  Basically to late to file a Motion in Limine, San Joaquin County Superior Court, California.  Guess all I have at this point is how to cross examine the witness at trial.  I will poor over everything Homeless in California has in his thread.

Thanks!

[jene_rae]

Do I need to file a Trial Brief?

[doublethefun9941]

Yes a trial brief is needed and sometimes does not have a time deadline in the local rules. A copy of a trial brief is in Homeless thread too. Most issues brought up in a motion in limine can generally be made as objections in person at trial as each of those issues come up. 

 

I am not an attorney

[jene_rae]

What would my Trial Brief argument be if 1) I did not receive a CCP98 but a

 

You need to go online and look at your local county court rules. They will tell you when you need to file a Motion in Limine by. You are going up against an original creditor who appear to be bringing a witness to trial. Your best bet at this point is to see if you can still write a motion in limine and work on how to cross examine the witness at trial. Homeless in California Thread is great for both of those. He has his Motion in Limine posted and a lot of stuff to prepare and bring to trail. You have very little time so Homeless thread will be best excluding all the stuff about CCP 98 Declaration in Lieu of Testimony since it does not appear you got one. Good luck. 

 

http://www.creditinfocenter.com/community/topic/320243-going-to-trial-in-california/

 

I am not an attorney

 

Should I keep the CCP 98 Declaration in Lieu of Testimony out of my argument on my Trial Brief?

2) I have no discovery of theirs except for exihbit A and B (contract and 1 year cc statements).

[jene_rae]

Here is my case info:   http://www.creditinfocenter.com/community/topic/321347-patenaude-felix-help-did-i-send-my-discovery-to-late/

(sorry created a separate link)

 

Here is the rough draft Trial Brief please feel free to critique it:  

 

 

Attorney for:  In Pro Per

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF 

 

AMERICAN EXPRESS BANK, FSB,

 

                       Plaintiff,

 

v.

 

 

 

                       Defendants.

 

______________________________________________

 

)

)

)

)

)

)

)

)

)

)

)

 

 

 

DEFENDANT’S TRIAL BRIEF

 

Date: 

Time: 

Dept:  

 

 

TABLE OF CONTENTS

                                                                                                                                             Page

I.          INTRODUCTION …..............................................................................................  3

II.        STATEMENT OF FACTS …..................................................................................  3

III.       ARGUMENT …....................................................................................................... 4

A.    Plaintiff Can Not Prevail on its Account Stated Claim....................................... 4

IV. CONCLUSION …......................................................................................................... 5

///

///

///

 

 

 

TABLE OF AUTHORITIES

                                                                                                                                                Page(s)

 

California Cases

American Fruit Growers, Inc. v. Jackson,

203 Cal. 748, 265 P. 926 (1928) ….......................................................................... 4

 

Biltmore Press v. Usadel, 6 Cal. App. 3d 896, 901 (1970)………………………………... 4

Coffee v. Williams,

103 Cal. 550, 556 (Cal. 1894) ….............................................................................. 4

Fogarty v. McGuire,

170 Cal. App. 2d 405, 338 P.2d 992 (1959) …........................................................             4

Maggio, Inc. v. Neal,

196 Cal. App. 3d 745, 241 Cal. Rptr. 883 (1987) …................................................             5

I.                   INTRODUCTION

AMERICAN EXPRESS BANK, FSB ("Plaintiff") is attempting to collect on a debt alleged to be owed by defendant, (“Defendant”).

Plaintiff’s claim for account stated and for breach of contract lack proof, because Plaintiff has failed to show that the elements required to be an account stated have been met, and Plaintiff has failed to show that a contract existed between Defendant and the purported “Original Creditor.”

Plaintiff has failed to show that the alleged account is the result of authorized charges, a necessary component of credit account billing under the Fair Credit Billing Act.

Plaintiff cannot argue implied waiver as they have no showing that communication has occurred to settle the alleged account, a necessary element of the Account Stated theory of litigation.

Plaintiff also fails to establish chain of title and cannot demonstrate that it has rights to the account in question. 

The failure of Plaintiff to show that they are in fact the purchaser of the specific alleged account at issue leaves Plaintiff with no standing to sue Defendant.

Additionally, the failure to supply a Bill of Particulars is mandatory and failure to provide such response is indeed an error of law which is preserved for appeal.

Defendant has rigorously denied the allegations of the complaint based on the failure of Plaintiff to engage in basic discovery, submission of inadmissible hearsay in an effort to mislead the court as to the validity of their purported claims, and to attempt to deny defendant of inalienable rights in litigation, specifically Discovery, Cross-Examination, Personal and Subject matter jurisdiction, and admissible evidence to support their heretofore unproven claims.

II.                STATEMENT OF FACTS.

Plaintiff is in the business of buying allegedly defaulted consumer debt for pennies on the dollar and pursuing collection efforts on unsubstantiated debt. Plaintiff purportedly purchased a consumer credit account originated by AMERICAN EXPRESS BANK, FSB & Its Affiliates (the alleged “Original Creditor”), and brought this action. However, Plaintiff can offer no admissible evidence to support its Complaint and therefore cannot succeed at trial in this matter.

Plaintiff has failed to show any purchase of any alleged accounts and has not established a prima facie case to proceed on.

Plaintiff’s evidence is hearsay, and the testimony of its potential witnesses (including WALTER GIBBS, and KURT SIPMANN) is hearsay.

Plaintiff failed to produce a Bill of Particulars pursuant to CCP §454 and under CCC 128.7 and therefore should be precluded from admitting evidence. Defendant answered the complaint with a general denial.  Defendant has meritoriously defended in good faith.  This lawsuit by Plaintiff has brought great distress on defendant.

III.             ARGUMENT

1. Plaintiff Can Not Prevail on its Account Stated Claim.

Plaintiff alleges an account stated. “An account stated is a document — a writing — which exhibits the state of account between parties and the balance owing one to the other; and when assented to, either expressly or impliedly, it becomes a new contract.” (Biltmore Press, 6 Cal. App. 3d at 901) “[T]he account, in order to constitute a contract, should appear to be something more than a mere memorandum;, it should show upon its face that it was intended to be a final settlement up to date. And this should be expressed with clearness and certainty.” (Coffee v. Williams, 103 Cal. 550, 556 (Cal. 1894))

“An account stated is an agreement, based on prior transactions between the parties, that the items of an account are true and that the balance struck is due and owing. To be an account stated, it must appear that at the time of the statement an indebtedness from one party to the other existed, that a balance was then struck and agreed to be the correct sum owing from the debtor to the creditor, and that the debtor expressly or impliedly promised to pay to the creditor the amount thus determined to be owing.” (Maggio, Inc. v. Neal, 196 Cal. App. 3d 745, 752- 53, 241 Cal. Rptr. 883 (1987) (quotation omitted))

In order to constitute an account stated, there must be an “element of finality” to the statement, which is missing when the parties continue transacting business and “statements [a]re sent periodically.” (Am. Fruit Growers, Inc. v. Jackson, 203 Cal. 748, 751- 52, 265 P. 926 (1928)) ”t is clear that a statement rendered cannot be said to be an account stated unless it is intended to be such and expressly or impliedly is assented to as such by the party to whom it is rendered. There is in the case before us no element of finality, as the parties were still transacting business. These statements were sent periodically and business was continued between them as before. There is no ground whatever for the contention that the account was rendered and intended to be an account stated, or that [the charged party], either expressly or impliedly, considered that it was such.”

 

Whether an alleged debt is an account stated is a question of fact. See, Fogarty v. McGuire, 170 Cal. App. 2d 405, 409, 338 P.2d 992 (1959)

“The action upon an account stated is not upon the original dealings and transactions of the parties. It is upon the new contract by and under which the parties have adjusted their differences and reached an agreement.... f in writing, it should appear to be something more than a mere memorandum and should show with clearness and certainty that it was intended to be a final settlement up to date.

Whether these conditions exist is usually a question to be determined by the trier of fact from all the circumstances of the case, and in reaching that determination reasonable inferences can be drawn in support of the claim of either party if there is any credible evidence warranting such action.” (citations omitted).

 

Plaintiff has failed to produce any writing which indicates that Mrs. Noska assented to the account between them. Because Plaintiff cannot present evidence showing an account stated other than the hearsay documents discussed above, Plaintiff has no admissible evidence of an account stated. Plaintiff cannot, therefore, meet its burden of showing an account stated.

IV.             CONCLUSION

Plaintiff is not entitled to any recovery on its Complaint.

Plaintiff completely fails to demonstrate that it has rights to collect and sue on the alleged account.

For these reasons, Defendant respectfully requests that the Court enter judgment in favor of Defendant .  Defendant, , requests this case be dismissed WITH PREJUDICE, that Plaintiff be ordered to remove all trade lines held in Plaintiff’s name against the Defendant from all credit reports, and prays for costs of suit in the amount of $505.36 plus any damages and any further relief the court will allow. 

Defendant is not an attorney and has never attended law school. Defendant has spent over 160 hours trying to maneuver around the legal system to figure things out on his own as pertain to this case, understand what is at issue and what Plaintiff’s case is, calculate defense and write pleadings, find and learn case law, travel to seek legal advice and assistance, and learn California statutes and codes and rules and other authorities and Court procedures.

Defendant was recently diagnosed with a rare disease, Psedutumor Cerebi,   lost employment over 3 years ago being unable to work due to illness.

Defendant cannot afford an attorney and has had to represent himself.

Plaintiff depends upon the lack of legal expertise, sophistication, knowledge, and experience and the inability to afford qualified counsel on the part of the Defendants it targets for lawsuit.

This unwarranted and clearly evidentially unsubstantiated lawsuit against Defendant on the part of the Plaintiff, a sophisticated junk debt buyer with volumes of litigation experience on a national basis, has severely impacted Defendant’s health. Defendant has had to dedicate all his energies and time to research and prepare for this litigation on a full-time basis, which has meant that crucial time needed to pursue therapies has been irrecoverably lost since August 23, 2012 (date of service) to August 26, 2013 (date of trial) by Plaintiff’s pursuit of a case on which it knew it had no standing, should not have initiated, and should have dropped immediately even before it received an Answer.

This lawsuit has been malicious and frivolous.

This lawsuit has resulted in extreme emotional, physical, and economic hardship on the Defendant.

Plaintiff should be sanctioned and incur not only Defendant’s costs but be held accountable for reparations for damages and such other relief as the court may deem fit and reasonable. Plaintiff should be required to make immediate restitution and to remove all trade lines held by Plaintiff against Defendant from all credit reports.

This case should be dismissed with prejudice.

Executed at Tracy, California and respectfully submitted on this 20th day of August, 2013.

 

 

 

08/20/2013

 

___________________________________

 

Defendant

In Propia Persona

 

 

PROOF OF SERVICE

 

                At the time of service, I was over 18 years of age and a party to this action.

                My residential address is _______________________________________________.

                On _______ __, 2013, I served the following documents:

                                                DEFENDANT’S TRIAL BRIEF

 

 

                X             By United States Mail. I enclosed the documents in a sealed envelope or package addressed to the persons at the address set forth below:

                                                _________________________________________

                                                _________________________________________

_________________________________________

                                                _________________________________________

 

                I am a resident in the county where the mailing occurred. The envelope or package was placed in the mail at _______________, California.

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

 

Date:  ______ __, 2013                                                     ________________________________________________

                                                                                                                ____________

 

My court date is MONDAY!   

[jene_rae]

Had court on Monday and I WON American Express!! That's my husband doing a happy dance. LOL

Ok, showed up to court but they didn't.  Guess they knew they had nothing on me and I was ready to rock and roll.  The best part was when the Judge told me that I did my homework and research very well and that I wrote better than most attorney's he's seen.

 

I owe a BIG THANKS to the following people that helped me along the way: Hotwheels96, Anon Amos, calawyer, Seadragon, HomelessinCaifornia, helpme and Shelieh98.

 

Shout out to calawyer for always responding so fast to my messages.

 

1 down and 1 more to go!

 

Now I have to fie and get my court fees back...

[shellieh98]

I totally missed this post!! CONGRATS! happy for you.

[h8spleadingpaper]

Had court on Monday and I WON American Express!! That's my husband doing a happy dance. LOL

Ok, showed up to court but they didn't.  Guess they knew they had nothing on me and I was ready to rock and roll.  The best part was when the Judge told me that I did my homework and research very well and that I wrote better than most attorney's he's seen.

 

I owe a BIG THANKS to the following people that helped me along the way: Hotwheels96, Anon Amos, calawyer, Seadragon, HomelessinCaifornia, helpme and Shelieh98.

 

Shout out to calawyer for always responding so fast to my messages.

 

1 down and 1 more to go!

 

Now I have to fie and get my court fees back...

Congratulations!  I hope my case goes as well.  Wishing you health and happiness in the New Year!    

[jewishprincess]

Patenaude & Felix tries to bully consumers! I am not an expert on Law but thank God for Google! After doing internet research

I have read horrible reviews on this firm. Just remember there is a Statute of Limitations in California where they have 4

years to sue but they will try to sue on old debts (they buy old loans from the original creditor) and are COUNTING ON

the people who do not know Consumer Laws.

Can anyone help me? I have requested my payment records 3 times (from GE Capital Retail Bank in Florida, the original

creditor) and they never sent them. Then they sell the old loan to Patenaude & Felix and their firm sent me a letter

saying there were going to sue on the outstanding balance.

I called Patenaude & Felix and requested from them my payment records and they never sent them.

Does anyone know what will make them send me my records?

Thank you in advance for any advice.

[Clydesmom]

Patenaude & Felix tries to bully consumers! I am not an expert on Law but thank God for Google! After doing internet research

I have read horrible reviews on this firm. Just remember there is a Statute of Limitations in California where they have 4

years to sue but they will try to sue on old debts (they buy old loans from the original creditor) and are COUNTING ON

the people who do not know Consumer Laws.

Can anyone help me? I have requested my payment records 3 times (from GE Capital Retail Bank in Florida, the original

creditor) and they never sent them. Then they sell the old loan to Patenaude & Felix and their firm sent me a letter

saying there were going to sue on the outstanding balance.

I called Patenaude & Felix and requested from them my payment records and they never sent them.

Does anyone know what will make them send me my records?

Thank you in advance for any advice.

 

Until they sue you and you request it in discovery the law firm is not required to send you copies of anything.

 

I would simply lay low and wait for them to make a move.  It is entirely possible that your request for payment records has clued them in that you are acutely aware that there is a SOL and will raise it.

 

If they do sue you come back and post starting your own thread so you can get help defending the case.

[BV80]

@jewishprincess

 

You need to start your own thread so that all comments can be directed just to you.  In your new thread, please answer the following.

 

Then they sell the old loan to Patenaude & Felix and their firm sent me a letter saying there were going to sue on the outstanding balance.

 

 

Was is it in a collection letter that they threatened to sue?   If so, what exactly did they say?   When did you receive that letter?  What is the date you made the last payment on the account?