HelpNeededInca

Midland Funding At it Again! Need some Guidance PLEASE!!!

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I can't help you answer these until tomorrow after work, I am working today, and have a band performance with my son tonight, so if no one else chimes in, I will help you then.

 

The BOP does not have to be on pleading paper, you can if you want, there is a blank one in the forum sample motions and forms.  Or you can send it like a letter.

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I can't help you answer these until tomorrow after work, I am working today, and have a band performance with my son tonight, so if no one else chimes in, I will help you then.

 

The BOP does not have to be on pleading paper, you can if you want, there is a blank one in the forum sample motions and forms.  Or you can send it like a letter.

No problem, thanks @shellieh98! As always, I appreciate your help with this. I will get this BOP mailed out. I went ahead and put it on the pleading paper just in case.

Thanks,

Me

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No problem, thanks @shellieh98! As always, I appreciate your help with this. I will get this BOP mailed out. I went ahead and put it on the pleading paper just in case.

Thanks,

Me

 

Pleading paper is best.  Although a BOP is not really discovery, it is similar and discovery goes on pleading paper.

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Hi @calawyer @shellieh98

Midland did not respond to my BOP in the requested time.

I stil have about 10 days on my discovery. Can someone please help me to send those out?

THanks,

Me

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They did not answer your BOP request?  Then you need to send them a meet and confer letter asking pretty please with sugar on top.  Here is an example:

 

 

On ____, Defendant served its request for a Bill of Particulars on Plaintiff. Pursuant to CCP section 454, Plaintiff has ten days to respond or it will "be precluded from giving evidence thereof." As described below, plaintiffs’ lack of response is entirely deficient.

As a preliminary matter, plaintiff’s lack of response to Defendant’s Bill of Particulars is not well taken.  Plaintiff has not provided an itemization of the account showing all charges and credits thereto. It has not provided the underlying contract referred to in the complaint. Nor has it provided any contract of assignment of the claim at issue in this litigation. Such basic information is required to prove plaintiff’s claim. Plaintiff should have such information readily at hand. If not, it is difficult to understand how plaintiff acquired a good faith basis to file the lawsuit. Indeed, the only account statements plaintiff has provided demonstrate full payment of the amounts requested. 

Please serve a full response on or before [insert date 10 days from date of letter]. If Plaintiff fails to do so, Defendant will move the Court for an order requiring a further response or, in the alternative, an order precluding Plaintiff from offering any such evidence at trial. 

Thank you, signed Me in pro per

 

 

​They may still ignore your request since this is account stated only, if they had included common counts, it would be more appropriate.  

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Don't know what you have been asked.  But for any request that asks about the account, consider the following objection:

 

Defendant objects to this Request on the ground that the phrase "account" is vague and ambiguous in that the complaint contains vague allegations and does not attach any agreement relating to an alleged account such that defendant can respond. Defendant has served a Bill of Particulars on Plaintiff seeking, among other things, the identity of this alleged account and production of any agreement.  Although Code of Civil Procedure section 454 requires Plaintiff to respond in 10 days, no such response has been received.    Defendant reserves the right to supplement this response should such plaintiff comply with its obligations under the Code.

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@calawyer I was going to put in her answers

 

 Defendant objects as the Plaintiff’s request for Documents assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or its attorneys.  It is burdensome to the extent it seeks documents that are not within the current knowledge possession, custody or control of defendant, or more readily or accessible to Plaintiff from Plaintiff’s own files from documents or information already in Plaintiff’s possession.  Without waiving Objection, after a diligent search defendant is not in possession of any of the requested records.

 

But since they included an account number, I just put an answer without objecting.  Don't know what her definitions were, or if she had to state why she objected.  Did you look over the answers in the attachemnt?  Maybe some shoud be changed to include your objection? Thanks.

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I spoke too soon. I just got home and in a huge manilla envelope, I am in receipt of the BOP. The contents are insanely thick. It looks like a text book just with a paper clamp keeping everything together. I breezed throuh many of the pages and it looks to be statements from when i had the account in 09 (no payments made just late fee's being assesed) and ownership of the account being switched around to midland.

Im a bit discouraged. Any suggestions on what I should do? Should I give up?

Thanks,

Me

@calawyer & @shellieh98

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noooo you will not give up.Read some of the other threads, especially ASTMedic's thread pinned on "how I beat midland".

You will just need to study your rules of civil procedure, and ask lots of questions.  Go ahead and send off the document request.

The bill of sale does not reference your name, was there and affidavit included with it?

List the contents of that envelope, you got statements and a bill of sale. What else?

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I spoke too soon. I just got home and in a huge manilla envelope, I am in receipt of the BOP. The contents are insanely thick. It looks like a text book just with a paper clamp keeping everything together. I breezed throuh many of the pages and it looks to be statements from when i had the account in 09 (no payments made just late fee's being assesed) and ownership of the account being switched around to midland.

Im a bit discouraged. Any suggestions on what I should do? Should I give up?

Thanks,

Me

@calawyer & @shellieh98

 

 

Remember:  it is one thing to have the documents.  It is quite another to get them admitted into evidence at trial. 

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I spoke too soon. I just got home and in a huge manilla envelope, I am in receipt of the BOP. The contents are insanely thick. It looks like a text book just with a paper clamp keeping everything together. I breezed throuh many of the pages and it looks to be statements from when i had the account in 09 (no payments made just late fee's being assesed) and ownership of the account being switched around to midland.

Im a bit discouraged. Any suggestions on what I should do? Should I give up?

Thanks,

Me

@calawyer & @shellieh98

 

Definitely don't give up nor be discouraged > that is what they want when they send you the "big packet"

 

I'm dealing with the same people and they sent me, more or less, the same thing. After sitting down to examine the paperwork I realized it simply wasn't enough ammo for them to win their case, far from it. They sent me a bunch of "dots" and figured I'd connect them on my own or that I would think the court would connect them > but it doesn't work that way.

 

Read ASTMedic's thread like shellieh98 suggests. And like calawyer says above, having a bunch of documents doesn't make a case.

 

I didn't deal with a BOP in my case, so I'm unfamiliar with what a response to a BOP needs to include to be considered complete. If I were you I'd examine that packet closely to see if they sent you all the elements that satisfy a BOP.

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Thank you all for responding. I am encouraged and will try my best to continue to fight.<br /><br />Here are the contents of the first page of the response to my BOP.<br /><br />On Legder Paper, it states the following<br /><br />Plaintiff Midland Funding LLC's Response to....Bill of Particulars<br /><br />The Plaintiff objects to defendants's demand for a bill of Particulars on the grouds that a Bill of Particulars is not appropriate in an action on an accoiunt stated, becasue an account stated is deemed to merge the various items on which the earlier accounts were based.<br /><br />Plaintff's complaint alleges account stated as their case of action. As such it is Plaintiff's position of Bill of Particulars in applicable to plaintiff's case of action. Without waiving its objection plaintiff, midland, herewith response to defendant of BOP as follows;<br /><br />Attached hereto is a copy of the following; Correspondence from Midland Cred Managemen dated XXXX, 2012 notice of new ownership and pre legal notice dated ..xxxxxx 2012, billing statmenets related to a chase bank card, and a copy of the bull of sale assigment between chase and plaintiff.<br /><br />Plaintiff reserves its right to amend this response as additional documents are located. To the exent any addition documents or information is found, plaintiff will suipplement this response.<br /><br />So, it doesnt look like they have anything confirming i agreed to pay them anything. In addtion, the only thing the package contains is a bill of sale and statments none of which showing paid.<br /><br />Any suggestions? @calawyer & Shellieh98

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shellieh98, on 13 Oct 2013 - 06:10 AM, said:

noooo you will not give up.Read some of the other threads, especially ASTMedic's thread pinned on "how I beat midland".

You will just need to study your rules of civil procedure, and ask lots of questions. Go ahead and send off the document request.

The bill of sale does not reference your name, was there and affidavit included with it?

List the contents of that envelope, you got statements and a bill of sale. What else?

Hi Shellieh98,

You are correct. The bill of sale does not include my name. Only chase the receivables company that bought it. An affidavit was included aslo. My name was not included in that either.

Thanks,

Me

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calawyer, on 12 Oct 2013 - 12:03 PM, said:

Don't know what you have been asked. But for any request that asks about the account, consider the following objection:

Defendant objects to this Request on the ground that the phrase "account" is vague and ambiguous in that the complaint contains vague allegations and does not attach any agreement relating to an alleged account such that defendant can respond. Defendant has served a Bill of Particulars on Plaintiff seeking, among other things, the identity of this alleged account and production of any agreement. Although Code of Civil Procedure section 454 requires Plaintiff to respond in 10 days, no such response has been received. Defendant reserves the right to supplement this response should such plaintiff comply with its obligations under the Code.

I will write out what I were asked so that someone can help me answer if I don't find the answers in the other referenced post.

Thanks,

Me

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What are the dates of the statements plaintiff gave you?  You say 2009, but can you find the inclusive dates (in other words January 2009-January 2010)?

 

Were statements included for the time period when your credit report says you made a payment?

 

You may have a good SOL argument here.  If you don't have enough statements to determine that now, I think we should do a document request that asks for all statements.  Maybe we should ask for a copy of the agreement too.  I would favor just asking for those two categories of documents so it will be easier to move to compel if necessary.

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What are the dates of the statements plaintiff gave you?  You say 2009, but can you find the inclusive dates (in other words January 2009-January 2010)?

 

Were statements included for the time period when your credit report says you made a payment?

 

You may have a good SOL argument here.  If you don't have enough statements to determine that now, I think we should do a document request that asks for all statements.  Maybe we should ask for a copy of the agreement too.  I would favor just asking for those two categories of documents so it will be easier to move to compel if necessary.

Hi @calawyer

The statement dates from the plaintiff are "chase statements" from Oct 2008 - Oct- 2009. The statements show I made payments throughout the time period however, the last payment the statements show are in Aug of 2009.

My Credit report has me a little confused with the transferring of the account. Jan 10 is showing up but I can't confirm if they are showing I made a payment or what.

Im am in agreement with you. I feel that we should ask for all statements. What's the best way to go about doing so?

Thanks,

Me

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What date did they file your law suit on?

Jan 10 is probably when they charged it off. Your credit report where chase is reporting..does it show the month where the days at the bottom show 30 then 60 then 90 days late?

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What date did they file your law suit on?

Jan 10 is probably when they charged it off. Your credit report where chase is reporting..does it show the month where the days at the bottom show 30 then 60 then 90 days late?

Yes, on my credit report it shows 10x90. The last dates say Nov 09 of 90 day lates then it skips to 1/10 which im assuming is when chase finally charged it off?

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@calawyer & @shellieh98

Below are the following;

Plaintiff's request for admission to defendent set one

Plaintiff's special interrogatories to defendent set one

Request for Admissions

Request for Admssion No 1

Admit that you applied for the ACCOUNT

2

Admit that you used the ACCOUNT

3

Admit that you received monthly billing statements from Chase Bank USA or its predeccessor in interest to the transactions made

4

Admit that you made payments on the account

5

Admit that you owed XXXX on the account at the time the complaint in this action was filed

6

Admit you have not repaid the XXXX due on the account

7

Admint that the date of your last payemnt on the account as Jan 2012 (this is so not true)

8

Admit that you receieved the notice of the new ownership and pre legal review from plaintiff midland

9

Admit that you did not dispute the ownership of the account by plaintiff midland

10

Admit the notic of new ownershup and pre- legal review attached hereto as exhibit a is a treu and correct copy

11

Admit that you did not dispace the accuracy of the notice of new ownership and pre legal review letter attached

12 admit that you owe Midland funding llc

PLEASE HELP GUYS!

THanks!

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What date did they file the lawsuit? Not the date you were served , you can look it up online in your local court website.

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ok, so it looks like they made the SOL by a couple of months.  We needed to know that to be sure it wasn't time barred.  will help you with your admits tomorrow, Im on a work stretch. :)

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