Jump to content

Sued by Crown Asset Management


Recommended Posts

@texasrocker, should I send a copy to the court of the meet and confer letter?  Also, one of the affidavits is from a person named Tony Davis, who according to the affidavit actually is a documentation specialist with the OC, GE Capital.  Does that change anything?

No, just send it to the attorney's office via certified mail. 

 

That does not change anything now but if this actually gets to trial you could subpoena the records that he supposedly reviewed pertaining to you and your alleged account.   After changing hands so many times no one will be able to retrieve any record of activity on the alleged account, possibly a statement showing only an amount due if even that. 

 

The main thing you need to work towards now is demanding the forward flow agreements referred to in the Bills of Sale.  They would rather drop the lawsuit than allow you or the court to see them so focus on getting them to that point.   For now just wait and see how they react to your letter as it will most likely be another step in your favor.   

  • Like 1
Link to comment
Share on other sites

Just a thought here. I am not convinced that JWY is technically not a party to the suit. I am noodling over the same concept in my own situation. The law firm regularly acts as a debt collector and will directly benefit from any judgment in the plaintiff's favor, possibly 30% of what is recovered.  Fact:  Both Crown and JWY are licensed in TX as collection agencies. There is much case law out there, a lot in TX, about attys claiming they are attys, not debt collectors, and therefore not subject to FDCPA or state laws that govern CAs. If you can establish that they are a debt collector and licensed as such in TX, which they are, then maybe it's worth a shot to [separate out Jody Jenkins, who is NOW practicing law in this suit] vs. the Firm/company itself -JWY, who likely sent dunning letters prior to suing you.  So in that respect, JWY was functioning as debt collectors up to and which time that they filed suit -and may not be attorney client privilege between JDBs and debt collectors.  Sure, their business agreements would be confidential, but not applicable to A/C privilege.

 

You picking up what I am putting down? Thoughts?

Link to comment
Share on other sites

I would also look up any potential witness or signor of documents on Linked-in and whatever other methods are available to see just what companies that they work for past/present and see what their positions were at that time.

Interesting that they listed Glen   Grillo as an person having knowledge of relevant facts.  On linked in, looks like he's an Atlanta based job-hopper who has a job as a corporate recruiter AND is self-employed since 2009 providing affidavits, etc. for hire.  According to his company website, "[Our firm] can assist your firm with all of your credit expert witness litigation support needs including expert reports, rebuttal reports, credit damages and credit expert testimony via deposition or in court."  His resume just shows about 10 yrs experience working with credit repositories, yet they list him as a, "Portfolio Manager." That's just an out and out lie. How can they get away with producing, under sworn testimony, that this guy has any knowledge about the OP's case???

 

Here are the lies:

1. He states that he is, "employed" by plaintiff, but he is in fact only contracted to, "assist with credit expert testimony." This is an important distinction, and false and misleading, as it would lead anyone to believe he is a regular employee of Crown. Lie.

2.  He also states that his job description is, "custodian of records."

3. Personal knowledge of the recordkeeping method for records relating to OPs account. (Question, was he handed this account and all related materials and only THEN gain personal knowledge, or is he claiming that he had personal knowledge throughout the life of the account, along with transfers along the way to 3rd parties?)

4.  How can he attest to knowing what Crown's regular course of business is?  They are paying him to write this affidavit, and he will say whatever they tell him to say -that does not constitute genuine knowledge. I would also look very carefully at those attached, "exact duplicates." I have seen the near same documents before with the same signed names. Notice how the signee never dates?

Ugh.  just can't continue.

 

Anyone?

Link to comment
Share on other sites

Just a thought here. I am not convinced that JWY is technically not a party to the suit. I am noodling over the same concept in my own situation. The law firm regularly acts as a debt collector and will directly benefit from any judgment in the plaintiff's favor, possibly 30% of what is recovered.  Fact:  Both Crown and JWY are licensed in TX as collection agencies. There is much case law out there, a lot in TX, about attys claiming they are attys, not debt collectors, and therefore not subject to FDCPA or state laws that govern CAs. If you can establish that they are a debt collector and licensed as such in TX, which they are, then maybe it's worth a shot to [separate out Jody Jenkins, who is NOW practicing law in this suit] vs. the Firm/company itself -JWY, who likely sent dunning letters prior to suing you.  So in that respect, JWY was functioning as debt collectors up to and which time that they filed suit -and may not be attorney client privilege between JDBs and debt collectors.  Sure, their business agreements would be confidential, but not applicable to A/C privilege.

 

You picking up what I am putting down? Thoughts?

I was sued by Jody Jenkins' partner Dan Young in 2011.  They are definitely attorneys but incompetent to say the least (hence their practice as exclusively catering to JDB's because they are not capable of anything more legitimate.)   They failed to send me a dunning letter; the first I ever heard of them was when I was served.  Dan Young used the same rambling jargon as Jody Jenkins did in this person's case referring to not being able to answer because "they are not legal terms requiring definitions" etc. as a means of trying to confuse the pro se defendant.  They are basically saying, "We are lawyers and you are not."   They continued to send me collection letters throughout the period of over a year while the suit was still in limbo.  

 

It is irrelevant whether their business agreements are applicable to attorney-client privilege because as long as any other account holders' personal information from the bulk sale is redacted then the forward flow agreement is not privileged.  The fact that it is mentioned as a continuation of the Bill of Sale (or in some cases an entity that the Bill of Sale is an attachment to) makes it an essential element needed to complete their whole "package" of evidence.   They have already denied that the accounts were sold to them with any disclaimers of warranty.  The forward flow agreement will contradict that and at the same time show that no information regarding the accounts is guaranteed to be reliable. 

 

In my opinion a no-evidence motion for summary judgment could hold water at this point but it will be much better after they shoot themselves again by blowing off the meet and confer offer.      

  • Like 1
Link to comment
Share on other sites

Just from comments around it seems to me that JDB's in general are for some reason are getting stupidly aggressive....could it be that their bottomless pit of debt is showing to be getting shallow??

 

Here's something else that could be of some use. CPB Consent Order

 

Would at least provide some good argument in a hearing (if they have the guts to show up). Ask them where your portion of the millions is.............

Link to comment
Share on other sites

@BV80  Good point. The profile could be used to question Grillo under oath, and then he would either have to lie, or not lie. Let's just assume it can be verified that his LinkedIn profile was accurate, and he can't deny it under oath... "theoretically" how can they get away with filing misrepresentations and falsehoods like that and get away with it? It just seems so wrong.

Link to comment
Share on other sites

@BV80  Good point. The profile could be used to question Grillo under oath, and then he would either have to lie, or not lie. Let's just assume it can be verified that his LinkedIn profile was accurate, and he can't deny it under oath... "theoretically" how can they get away with filing misrepresentations and falsehoods like that and get away with it? It just seems so wrong.

They get away with it because so many defendants do not know that it is solely up to them to object.

  • Like 1
Link to comment
Share on other sites

Thanks everyone for the input and information provided.  I am working on the letter now and will post a redacted version on here before sending so that you fine folks can provide me with feedback.  I will keep that information in mind about our friend Mr. Grillo, if it reaches that point, I will surely want to have that in my folder to ask him about.  I'm thinking that may make him squirm a bit.  My hope is that we don't even get that far, but better to be prepared right?   Again, thanks for all the assistance to this point.

Link to comment
Share on other sites

I would probably not make it sound threatening at this time.  You should appear to the court that you were trying to be unassuming and cordial.  After they fail to provide the documents etc. then write them a second more stern letter stating that the motion to compel will be filed ("filed" not "served") this time if not received within 15 days.

Link to comment
Share on other sites

@texasrocker, how about I change the last paragraph to this:

 

"In an effort to alleviate this disagreement on discovery, I request that you provide further responses on or before April 10, 2015.  I appreciate your reconsideration of this discovery request and anticipate the resolution of this disagreement upon your reply."

 

What do you think?

Link to comment
Share on other sites

Sent the letter today.  We will see what I get back.  I changed it to be more cordial and I did not put a date, but asked that they reply no later than 15 days after they received it.  Sent it certified with signed receipt so I know when they get it.  If I get a response I will post it.  If not, I will then do up another letter demanding that they answer.

Link to comment
Share on other sites

  • 3 weeks later...

Write another letter informing them that the Purchase and Sales agreements are not privileged as they are an attachment referred to in the bills of sale.  Without all attachments the generic bills of sale are null and void.  If they are not produced within 7 days a motion to compel will be filed. 

  • Like 4
Link to comment
Share on other sites

Write another letter informing them that the Purchase and Sales agreements are not privileged as they are an attachment referred to in the bills of sale.  Without all attachments the generic bills of sale are null and void.  If they are not produced within 7 days a motion to compel will be filed. 

They can also provide them "under seal" to the courts if necessary to protect "proprietary information", but they don't want to...........they will fight and argue that till the cows come home.......most ( as in ALL ) have a non disclosure agreement with the O.C.'s on those contract's....that's why they balk at providing them. Keep pushing them.......if they  think the court may be getting ready to make them provide them, chance's are they may dismiss to keep from doing so.

Link to comment
Share on other sites

They can also provide them "under seal" to the courts if necessary to protect "proprietary information", but they don't want to...........they will fight and argue that till the cows come home.......most ( as in ALL ) have a non disclosure agreement with the O.C.'s on those contract's....that's why they balk at providing them. Keep pushing them.......if they  think the court may be getting ready to make them provide them, chance's are they may dismiss to keep from doing so.

That is the whole idea! 

  • Like 2
Link to comment
Share on other sites

Looks like you need to keep pushing and I would also contact a consumer attorney for the free consult and get their opinions, maybe even pay one a couple of hundred to help you reply so that they have to answer.

Second this..........IF you can afford it that is always the best option. But for those that can't everyone tries their best to help those that don't. The collective knowledge here is quite astonishing and more updated than most internet articles.....................................as.most of us live with it every day.

Link to comment
Share on other sites

  • 3 weeks later...

I got no response back on the request for the Forward Flow Receivables Purchase Agreements.  I called them and they told me that they had requested them from the Client but have not gotten them back yet.  I have sent a request for a continuance to the court because the trial date is on the 14th (Next Thursday).  I am thinking that the next step is to file with the court for an order to compel.  Any suggestions?

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.