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Need Help—California BOP question and discovery nonsense

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Sent the below the Bill Of Particulars in California:

 

 

 

Background:

 

Verified complaint from Unifund in California Kenosian & Miele

 

Served 9 months after the complaint was filed.  I answered.

 

 

 

 

DEMAND FOR BILL OF PARTICULARS

 

To PLAINTIFF UNIFUND, CCR, LLP, and its attorneys of record herein:

DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to the Defendant ­­­­­­­­­­­­­­­­­­­­________________within 10 days, a Bill of Particulars setting forth the following items and details of the alleged account.  Defendant requests the following:

 

As stated to be true and verifiable in Plaintiff’s Complaint:

 

  1. Starting on or about the date of 6/16/06 and continuing till the Defendant’s alleged Breach of the alleged Card Holder Agreement on or about 11-22-09, furnish all account statements, approximately 41 of the alleged account to the Defendant.

 

 

  1. Furnish proof that the Defendant made payments on this alleged account.

 

  1. Furnish a Copy of the originating Contract between Citibank and Defendant for the alleged account.

 

  1. Furnish a copy of the written card holder agreement Plaintiff alleges the Defendant breached, and any and all amendments to the alleged contract between Defendant and Citibank for the date range stated in Plaintiff’s Complaint, starting from the opening of the alleged account, to the alleged date of the breach of the contract of the alleged cardholder agreement

 

  1. Furnish proof the Plaintiff owns the alleged account including all rights, title, and interest in the obligation by which this suit is brought and that Plaintiff is the sole owner of the alleged account.

 

  1. Furnish the calculation(s), breakdown, and means by which the Plaintiff determined the Damages owed of $ 13, 811.99.

 

  1. State the amount of the interest Plaintiff claims they are owed and furnish the calculation(s), breakdown, and means by which the Plaintiff determines the interest owed from and after 5-25-10.

 

  1. Furnish proof of entitlement to Attorney’s Fees, and Costs of Suit under the alleged contract between Citibank and Defendant and/or Citibank and the Plaintiff.

Dated: 11/4/13

 

 --They sent 3 months of statement from august 2009 to nov 2009.  Nothing else and it was NOT VERIFIED, which I belive it needed to be.  Is there any legal recourse for this?

 

THEN...

 

 

 

They immediately sent a RFD with more CC statements from 2008 to 2009 and  asked me  for the very things I was asking from them in my BOP.  That's why this upsets me.  It's a game they are playing.

 

They are asking for:

  1.  All copies of statements of the account.  (don’t have any but what they have provided me)
  2. All documents relating to identity theft allegations. Since date they state I opened the account through present. ( don’t have any in that time period)
  3. All payments made to original OC from date they state I opened the account through present.  ( don’t have any, but the statements they sent to me shows somebody made an electronic payment to Citibank--not me, but somebody)
  4. All correspondence with OC from date they state I opened the account through present.    ( I called Citibank a few weeks ago because the JDB lawyers refused to speak to me about the case.  3 departments in Citibank stated they had no record of this account or of it ever existing.) Too, the account does not show up on my credit report either.  However, I do not deny that this account could have been sold to UNIFUND and that somebody at Citibank has a record of that--maybe in their sold accounts/archive section.

     

  5. All correspondences between me and credit report agencies from date they state I opened the account through present. (I disputed all my accounts for a few months through Lexington Law during 2009 and stopped in a few months.   But I have no way of showing that.  Lexington Law has no record of that now since I do not have an account with them anymore. This request is a waste of my time and energy.  Unifund's lawyers need to do their own legal work.  I have a job and can’t afford to act as their paralegal).
  6. All documents that the account from Citibank was paid in full (Have none.)
  7. All documents relating to this old Citibank account (This is ridiculous.  I claimed this account was not mine to them and still they persist)

 

Admissions

 

  1. Admit I applied for the card.  ( they have no proof I did.  If I did, it might have been over the phone.  So no proof on their part)
  2. Admit I received the credit card( they have no proof I did)
  3. Admit I made payments (they have no proof I did. Somebody paid online. No proof it was me or that I ever made one payment on this account)
  4. Admit I became delinquent. ( No proof this is even my account)
  5. Admit I left a balance. ( No proof this is even my account)
  6. Admit I received statements  ( No proof this is even my account)
  7. Admit balanced due is what they say ( I have no idea what they say is true. Ridiculous.)
  8. Admit they own the account now.  (How would I know? Total nonsense)

 

 

P.s. I have to complete my responses no later than tomorrow.

 

I bought some defendant packages to help me but they are not from California. Any templates for the appropriate required legal language in California I need to have in my response mailed back to the Plaintiff to answer their RFD and Admissions?  That which could be copied and pasted onto court pleading paper and then I fill into the body what is relevant to my case?  Thank You.    

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You will need to send a meet and confer letter regarding the deficient response.

 

Give them 10 days (+5 for mail) to send you a complete  accounting or let them know you will file a motion to preclude their "evidence."

 

Also, those statements do not need to be verified at this time...

 

 

 

As far as answering their discovery, your reply should be something along the lines of "Defendant has not received an adequate response to a BOP sent on <DATE>." 

 

Everything else should be "DENIED"

 

And if Citibank has no record of you ever having an account, then send a subpoena seeking records - a reply back on their letterhead could be the trick to possibly leveraging a denial. 

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