PRA Lawsuit Missouri - Discovery phase

[cb014]

Yeah all the statements say this is administered by FIA and are before 2014 when they said they merged. However, each statement has a BankAmericard logo on top whatever that means. No mention though of BANA proper that I can see. The account was in default when BANA merged with FIA.

 

I'd be more than happy to scan one of the statements and blackout personal info.

[BV80]

@CCRP626
 

 

They're also stating no guarantees. The level of cooperation after the sale is done with the JDB seems a bit unusual.

 

 

If a JDB is willing to pay for documents and affidavits, the OC will comply.  That's not really unusual.

 

 

Any avenues of attack I am missing. I basically understood that assignment and proof of debt to be the major ones?

Bank visit Tuesday, denial of payments, qualifications of affiant, lack of attachment of business records mentioned in Portfolio affidavit (see 490.692 requirement: Attached hereto are ............. pages of records from...

http://www.moga.mo.g...9000006921.html

 

 

 

I would definitely use that to attack the PRA affidavit, but if you read Portfolio Recovery v. Schultz, the business records were admitted based upon their inclusion in the OC affidavit.

[BV80]

@cb014

 

From what I can tell, FIA was a subsidiary of BofA which is why the BofA logo is on the credit card statements.   Therefore, I don't know that proof of a merger would be required although it certainly can't hurt to point out that no proof of a merger has been provided.  I think the stickler would be the BofA logo on the statements.

 

You said the account went into default before the merger.  If it was charged off before the merger, then BANA probably never issued a credit card statement.  Any record would be an FIA record.  Even though BANA and FIA are both subsidiaries of BofA, that alone doesn't show that just anyone employed by Bank of America, NA would have knowledge of FIA records and procedures. 

 

She said she has knowledge of BANA's procedures.   I don't know if this would work, but if you have to oppose a motion for summary judgment, I'd point out that the OC affiant does not state that she is familiar with the manner and method by which FIA maintained its normal business books and records.  She does not claim to have worked for FIA and offers no explanation of how she would have knowledge of the record-keeping methods of that business entity.

[cb014]

@cb014

 

From what I can tell, FIA was a subsidiary of BofA which is why the BofA logo is on the credit card statements.   Therefore, I don't know that proof of a merger would be required although it certainly can't hurt to point out that no proof of a merger has been provided.  I think the stickler would be the BofA logo on the statements.

 

You said the account went into default before the merger.  If it was charged off before the merger, then BANA probably never issued a credit card statement.  Any record would be an FIA record.  Even though BANA and FIA are both subsidiaries of BofA, that alone doesn't show that just anyone employed by Bank of America, NA would have knowledge of FIA records and procedures. 

 

She said she has knowledge of BANA's procedures.   I don't know if this would work, but if you have to oppose a motion for summary judgment, I'd point out that the OC affiant does not state that she is familiar with the manner and method by which FIA maintained its normal business books and records.  She does not claim to have worked for FIA and offers no explanation of how she would have knowledge of the record-keeping methods of that business entity.

 

Thank you for this argument. It seems to be my best bet on this front. I will look for the statements on Tuesday from my old bank and get back to you all!

[cb014]

Ok I checked with my former bank and they couldn't establish that the records existed but they likely did and it would be $42 to get copies of the documents. I cannot really afford that without blowing my budget sadly :/ Do you think its worth it?

[CCRP626]

@cb014 Defendant has no recollection of payments made or any documents in his possession or control indicating any payments have been made to this account. It is burdensome and cost prohibitive for defendant to obtain documentation for accounts he has no access to.

 

I wouldn't spend a cent pulling statements for a closed account.