Scooter500

CACH LLC/Mandarich. See Doc, Does it have any legal grounds?

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This is what Cach LLC is using nowdays.  My question is does this doc below have any legal ground as being the original contract between myself and BofA? My anme is not upon it. It's not the original CC agreement. This is a doc between the sale of Junk debt from BofA(MBNA) to Cach LLC. It says it's assigned to them. They do have some statements of mine as well.  

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Exhibit C

 

Bill of Sale and Assignment of loans

 

The undersigned Assignor  ("Assignor") on and as of the date herof hereby absolutely sells transfers, assigns, set-over, quitclaims and conveys to CACH LLC, a limited liability company organized udner the laws of colorado ("Assignee") without recourse and without representations or warrenties or any type, kind charater or nature, express or implied, subject to the Buyers repurchase rights as set forth in Sections 8.1 and 8.2 of the Assingors right title and interest in and to each of the loans indetified in the loan schedule ("Loan Schedule") attached hereto (the "loans"), together with the right to all principal interest or other proceeds or any kind with respect to the Loans remaining due and owing as of the Cut Off date applicable to such Loans as set forth in the Loan Sale Agreement pursuant to which the Loans are being sold (including but not limited to proceeds derived from the conversion voluntary or involuntary, of any of the Loans into cahc or other liquidated property).

 

Dated July 21 2011

 

Assingnor: FIA Card Services, N.A.

 

Name: Debra L Pellicciaro

Title: Vice President

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That is the bill of sale, and they all use one to try and prove assignement.  Your job will be to study the rules of evidence,  Object to this if they don't have a witness, et all.  Read homelessinca's thread he is from cali.

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Did they include the "loan schedule" as an exhibit?

 

Also, you have two threads on this subject, so If you go back and edit the other one (delete the words and then save, or type "deleted") you will be better served. There is a lot of good help here in Cali, even from some out of state members that know a lot about our laws.

 

CACH is by far the worst of the bottom feeders. But they can be beat.

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Did they include the "loan schedule" as an exhibit?

 

Also, you have two threads on this subject, so If you go back and edit the other one (delete the words and then save, or type "deleted") you will be better served. There is a lot of good help here in Cali, even from some out of state members that know a lot about our laws.

 

CACH is by far the worst of the bottom feeders. But they can be beat.

Hi Amos,

 

Yes they provided a loan schedule as well along with some statements for the last few months of the account prior to it being sold to CACH LLC.

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If the follow standard bottom-feeder procedure the "load schedule" is just a crappy spreadsheet with only the alleged account information for @Scooter500's account prepared by their office.

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That is the bill of sale, and they all use one to try and prove assignement.  Your job will be to study the rules of evidence,  Object to this if they don't have a witness, et all.  Read homelessinca's thread he is from cali.

Hi Shellie,

 

They had until the last week to provide a witness list. They did not provide a list. That leads me to another question, Are they allowed to provide a list later on, or was the cutoff day last week the only opportunity they have to supply them?

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Hi Amos,

 

Yes they provided a loan schedule as well along with some statements for the last few months of the account prior to it being sold to CACH LLC.

OK. That's typical. Look closely at all the evidence they provide. Check the alleged cc statements. Some times on the bottom they say "not true copies" or something to that effect.

 

Also, if you fill out the 20 question form that Is pinned on this site we can help more. 

 

We need the cause of action or common counts against you, as well as when is the TRIAL date?

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Hi Shellie,

 

They had until the last week to provide a witness list. They did not provide a list.

If you are referring to the fact that you sent them a CCP 96 witness and exhibit request list, then NO, they cannot later supplement it (unless you do not object to them attempting to do so).

 

Not to answer for Shellie however, as she is perfectly capable.

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If you are referring to the fact that you sent them a CCP 96 witness and exhibit request list, then NO, they cannot later supplement it (unless you do not object to them attempting to do so).

Which of course YOU WILL OBJECT!

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My 20 questions;

 

1. Who is the named plaintiff in the suit?  Me, rather not use my name.

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Initally the case was handled by David Duvek law offices in San Diego, they later hired Mandarich in Los Angeles.

3. How much are you being sued for? over $10,000 son had cancer, tried to pay bills as often as we could. tried to keep up payments..

4. Who is the original creditor? (if not the Plaintiff)        Bank of America

5. How do you know you are being sued? (You were served, right?) Served at residence

6. How were you served? (Mail, In person, Notice on door)  Served at residence in person.

7. Was the service legal as required by your state? Yes.

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? From day one we asked for valdiation, disputed. Initally the case was handled by David Duvek law offices in San Diego then we again disputed with Mandrich

9. What state and county do you live in? San Diego CA.

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2011 Still inside limitations (under the 4 years).

11. What is the SOL on the debt? To find out: September this year.

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit filed, in discovery right now.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Disputed CACH LLC listing on credit report with Collection Agencies. Did not dispute with OC "Bank of America".

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. Yes twice, once with David Duvek law office, again when Mandarich took case over.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Already responded to suit, with denial. I have no contract with CACH at all..

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Bill of Sale, Statement and a payment schedule

 

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We really do need your name. LOL, just kidding.

 

Question #1 is name of PLAINTIFF. Not the defendant.

 

Also, what is the cause of action  / common count listed against you in the complaint? It should say "open book, account stated, etc,)

 

 

Edit: never mind the first part, I forgot plaintiff is CACH.

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I think I heard the OP hit the floor!

Seems like CACH is the plaintiff. Anon Amos is right on! The cause of action is important. It will determine feasibility of sending a BOP.

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. It will determine feasibility of sending a BOP.

True. In addition I usually want it to look up the cause of action in the CACI jury instructions.

 

For others reading who may not know; if you look up your cause of action in the CACI jury instructions it will provide all the elements of the case the plaintiff must prove in order to prevail on it's claim. It will be in plain English and will also provide case law. This is the "charge" that  a judge would read to the jury. Regardless of whether or not you have a jury trial; this is very important.

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nterrogatories;

 

1. Admit that ORIGINAL CREDITOR issued to YOU the ACCOUNT (for purposes ofthese Requests for Admissions, "ORIGINAL CREDITOR" means MBNA AMERICA, N.A., "YOU" and "YOUR" mean and refer to "me" your agents, attorneys, representatives or anyone acting on your behalf, and "ACCOUNT" means the Mbna America, N.A. account number # which is the subject ofthis lawsuit).
2. Admit that YOU used said ACCOUNT (e.g., for purchases and/or cash advances).
3.Admit that YOU and ORIGINAL CREDITOR entered into an agreement regarding the ACCOUNT.
4. Admit that YOU agreed to pay ORIGINAL CREDITOR and its successors and
assigned all outstanding balances owed on the ACCOUNT.
5. Admit that ORIGINAL CREDITOR mailed monthly statements to YOU regarding
 II YOUR ACCOUNT.
6 Admit that you received a final statement on or around Date from
 II ORIGINAL CREDITOR with an outstanding balance of $00,000.00.
7. Admit that YOU never disputed, with any person or entity including the
8 ORIGINAL CREDITOR, the statement with an outstanding balance of $00000.00
9. Admit that YOU have not paid the outstanding balance on said ACCOUNT.
10. Admit that YOU owe the Plaintiff the amounts prayed for in the Complaint.
11. Admit that YOU have no facts which would vary the amounts owed to Plaintiff
12. Admit that YOU have no affirmative defenses against the Plaintiffs Complaint.
 Executed at Los Angeles, California on Date.

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I also have this questionare From CACH;

 

1. State all facts upon which YOU base YOUR contention that YOU owe nothing on II the ACCOUNT (for purposes ofthese Special Interrogatories, "YOU' and "YOUR" mean and II refer to me, your agents, attorneys, representatives or anyone acting on your
1
Case No. Case number
Special Interrogatories
1 2 3 4 5
6
7 8
9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
behalf, and "ACCOUNT" means the MBNA AMERICA, N.A. account number which is the subject ofthis lawsuit). IfYOU make no such contention, do not answer this interrogatory.
2.
Describe each document that YOU believe supports YOUR contention that YOU owe nothing on the ACCOUNT. IfYOU make no such contention, do not answer this interrogatory.
3.
State all facts upon which YOU base YOUR contention that YOU owe less than the amount prayed for in Plaintiff's Complaint on the ACCOUNT. If YOU make no such contention, do not answer this interrogatory.
4.
Describe each document that YOU believe supports YOUR contention that YOU owe less than the amount prayed for in Plaintiff's Complaint on the ACCOUNT. IfYOU make no such contention, do not answer this interrogatory.
5.
State each ofYOUR affirmative defenses.
6.
State all facts upon which YOU base YOUR affirmative defense(s).
7.
State each mailing address, if different from YOUR residence addresses, for the last ten years and dates that YOU received mail at each.
8.
State all facts regarding payments made on the ACCOUNT.
9.
Describe each document evidencing payments made on the ACCOUNT.
10.
IfYOU have ever been married, state the name ofYOUR spouse(s).
11.
State all details regarding the length ofYOUR marriage(s) (i.e., from what date

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Forgive me Hotwheels96, What does this exactly mean "I smell ACCOUNT STATED!"

It means, from the questions they have asked you, my spidey sense is telling me that they have sued you for an ACCOUNT STATED cause of action. They have a few to choose from, like breach of contract, etc.

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10.

IfYOU have ever been married, state the name ofYOUR spouse(s).

11.

State all details regarding the length ofYOUR marriage(s) (i.e., from what date

 

Hmmmm why? Object to these, they are irrelevant to the subject matter of the lawsuit and not likely to lead to admissible evidence.

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Hmmmm why? Object to these, they are irrelevant to the subject matter of the lawsuit and not likely to lead to admissible evidence.

"State all the details regarding the length of your marriage" ???? That's a new one.

 

Maybe one of these days someone can send them a 13 page irrelevant rant about a bad divorce.

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@Anon Amos

 

 

"State all the details regarding the length of your marriage" ???? That's a new one.

 

Maybe one of these days someone can send them a 13 page irrelevant rant about a bad divorce.

 

:ROFLMAO2:    That would be too funny.

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"State all the details regarding the length of your marriage" ???? That's a new one.

 

Maybe one of these days someone can send them a 13 page irrelevant rant about a bad divorce.

 

I assume they're thinking they can sue all your ex-spouses while they're at it. 

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