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TX. Suit PRA Level 1 CP "Requested Embedded Admissions" Please Help Answer


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I really have no idea how to answer these questions; any help would greatly appreciated, I will continue to look over all the info here, so much my brain gets overloaded

 

Portfolios Request for Admissions

 

     1.  Defendant entered into a contact with plaintiff.

ANSWER

  1. Defendant entered into a contract with Plaintiffs predecessor in interest.

ANSWER

  1. Plaintiff is the owner of the indebtedness on the Account.

ANSWER

  1. Defendant obtained an extension of credit from Plaintiffs predecessor in interest.

ANSWER

  1. Plaintiff has applied all just and lawful offsets to the Account.

ANSWER

  1. Defendant has understood from the time the Account was opened that a loan was being made to the Defendant for the amount requested.

ANSWER

  1. Defendant has understood from the time the Account was opened that Defendant is required and obligated to repay all charges or fees incurred on the Account.

ANSWER

  1. Defendant presently owes the Plaintiff the sum of $ 3,856.30.

ANSWER

  1. Plaintiff made payments on the account.

ANSWER

10.)      Plaintiff made demand on Defendant before filing suit, for payment of the outstanding balance due at the time.

ANSWER

11.)      At no time prior to the filing of the suit did the Defendant dispute debt owing on the Account.

ANSWER

12.)      Defendant has broken the contract with Plaintiff.

ANSWER

13.)      Defendant’s breach has damaged Plaintiff in the amount $ 3,856.30.

ANSWER

14.)      Defendant has no defense to this suit, and judgment should be granted, as prayed for.

ANSWER

 

 

Portfolios Request for Disclosure

 

(a)        the correct names of the parties to the lawsuit;

( B)        the name, address, and telephone number of any

potential parties;

 

©        the legal theories and, in general, the factual bases of the responding party's claims or defenses (the responding party need not marshal all evidence that may be offered at trial);

 

(d)        the amount and an method of calculating economic damages;

(e)        the name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person's connection with the case;

 

(f)         for any testifying expert:

(1)        the expert's name, address, and telephone number;

(2)        the subject matter on which the expert will testify;

(3)        the general substance of the expert's mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information;

(4)        if the expert is retained by, employed by, or otherwise subject to the control of the responding party:

(A)       all documents, tangible things. reports, models or data compilations that have been provided to, reviewed by. or prepared by or for the expert in anticipation of the expert's testimony; and

( B)       the expert's current resume and bibliography:

(g)        any indemnity and insuring agreements described in Rule 192.3(f);

(h)        any settlement agreements described in Rule 192.3(g);

(i)         any witness statements described in Rule 192.3(h);

(j)         in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills that are reasonably related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills;

(k)        in a suit alleging physical or mental injury or damages from the occurrence that is the subject of the case, all medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party.

 

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" 1.  Defendant entered into a contact with plaintiff.

ANSWER"   DENY this unless you EVER signed a contract with PRA.  

 

"Plaintiff is the owner of the indebtedness on the Account.

ANSWER"  I would DENY this because those manufactured spread sheets with no account information prove NOTHING.  

 

"Plaintiff has applied all just and lawful offsets to the Account.

ANSWER"  Same answer as the indebtedness.  If it isn't my account and you have no documentation how do I know you did this?

 

"Defendant has understood from the time the Account was opened that a loan was being made to the Defendant for the amount requested.

ANSWER"   DENY (I am assuming this is CC debt which  means there is NO LOAN)

 

"12.)      Defendant has broken the contract with Plaintiff."

                DENY.  Same as #1 I never entered into a contract with PRA for anything EVER.  (same on payments no payments were EVER made to PRA as no debt was owed to them)

"13.)      Defendant’s breach has damaged Plaintiff in the amount $ 3,856.30.

ANSWER"  DENY; there is no breach because defendant never entered into a contract with PRA at anytime.  Plaintiff has not proven the debt exists, they own it, or are legally entitled to collect or that defendant owes this amount.  (if they are an assignee then they personally were not damaged for this amount as they bought the debt for pennies on the dollar)

"14.)      Defendant has no defense to this suit, and judgment should be granted, as prayed for.

ANSWER"  I would DENY this and state defenses here.  

 

Portfolios Request for Disclosure

 

(a)        the correct names of the parties to the lawsuit;

( B)        the name, address, and telephone number of any

potential parties;"

 

SERIOUSLY?  It isn't your job to identify the correct parties to be sued it is THEIRS.  If they can't figure it out that is their problem.

 

"(d)        the amount and an method of calculating economic damages;"

 

Now they want you to calculate their damages for them?   Okay sure:  ZERO.  Method:  I have no contract with you + you have no evidence = I owe you nothing.

 

Sorry, probably not the answers you were looking for but this company really P!SSES me off.  Why the VA AG has not shut them down I do not know.

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You really should keep everything pertaining to this case in your original thread.

 

For the requests for admissions-

 

1: Denied

 

2: Defendant objects to this request as vague and unclear in that the "Plaintiff's predecessor in interest" is not identified and cannot be  determined from the request or the pleadings. Defendant also objects that the request is vague and overbroad with regard to "contract" as the request does not identify any contract. Subject to and not waiving these objections, denied.

 

3: Denied

 

4: Defendant objects to this request as vague and unclear in that the "Plaintiff's predecessor in interest" is not identified and cannot be determined from the request or the pleadings.  Subject to and not waiving this objection, denied.

 

5: Denied

 

6: Defendant objects to this request as vague and unclear in that the "Account" is not identified and cannot be determined from
the request or the pleadings.  Subject to and not waiving this objection, denied.

 

7: Defendant objects to this request as vague and unclear in that the "Account" is not identified and cannot be determined from the request or the pleadings.  Subject to and not waiving this objection, denied.

 

8: Denied

 

9: Defendant objects to this request as vague and unclear in that the "Account" is not identified and cannot be determined from the request or the pleadings.  Subject to and not waiving this objection, denied.

 

10: Denied

 

11:  Defendant objects to this request as vague and unclear in that the "Account" is not identified and cannot be determined from the request or the pleadings.  Subject to and not waiving this objection, denied.

 

10.)  Denied that any balance was due to the plaintiff.  With regard to whether plaintiff made a demand, after a reasonable inquiry, the information known or easily obtained by Defendant is insufficient to enable Defendant to admit or deny the request.

 

11.) Defendant objects to this request as vague and unclear in that the "Account" is not identified and cannot be determined from the request or the pleadings.  Subject to and not waiving this objection, denied.

 

12.) Defendant objects to this request as vague and unclear in that the "contract" is not identified and cannot be determined from the request or the pleadings.  Subject to and not waiving these objections, denied.

 

13.) Denied

 

14.) Denied

 

 

 

For the requests for disclosure-

A: (Your name)
     Defendant has no idea as to the correct name of plaintiff.

 

B: Unknown at this time.

 

C: Defendant generally denies the plaintiff's vague allegations, which do not even identify the original creditor or the type of credit card.  Defendant denies that plaintiff has any contract with defendant and denies that plaintiff has standing to assert any claims against Defendant arising out of any debt or obligation owed by Defendant to any creditor.  Defendant asserts that this claim is barred by the applicable four year statute of limitations, Tex. Civ. & Prac. & Rem. Code § 16.004c in that the suit was filed more than four years after the last payment was made on the alleged account.

 

D:  Defendant has not made a claim for damages at this time.  Plaintiff is not entitled to any damages and plaintiff obviously has no idea how to calculate damages.

 

E through I:  None at this time.

 

J & K: Not applicable.

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