oregondebtsucks

Cach LLC by Mandarich Lawgroup

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@Mr. Vee

 

You should probably start your own thread, so things don't get confusing...

 

To answer your question, I believe the argument is SCOTUS classifies attorneys as debt collectors, when a significant portion of their practices involves collections.  So when Madarich operates a full time collection agency (which they send collection letters, receive payments, make collection calls etc...) on one hand, then on the other hand they can file a lawsuit to collect on an account in which they have been assigned to engage in collection activities.  

 

It's going to take a strong argument, but I believe it can be done....

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Using a Bing search for "Clout Financial" I found an article on Ripoff Report from 2008 discussing exactly this situation, but I can't find a way to post in the link.  Clout or parts of its portfolio were apparently sold to WebBank then MBNA.  MBNA was acquired by BOA.  A full acquisition such as BOA acquiring MBNA may not require as much to prove chain of title as a sale of a "portfolio" of debts.

 

Thank you.  I actually read a recent case about this.  That since it was sold, they didn't have to prove much with chain of custody.   MIght as well throw it out there though.

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Got a notice from the Court today.  They have a notice of intent to dismiss because no arbitration date or arbitration award was received.  Anyone know what this mean?  They have 30 days to request an extension.  If not, the court will dismiss the case.

 

I haven't even replied to their discovery request yet.  Working on it now.  Don't know if this is good news or bad news.

 

Edit:

 

Just sent in my meet and confer, and admissions.

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Got a general dismissal last month.  Just wanted to update.  They didn't reply to my admissions or discovery request.    They didn't even pick the mandated court arb date or arbitrator.  They bluff the whole way.  Those lying sobs.

 

How I won:

1)  Didn't wait 30 days to file an answer.  I looked through the complaint and look for holes and tiny mistakes that I might be able to use.  Like "Within the past 6 years, an account was stated in writing whereby Plaintiff's assignor sent a final billing statement to the defendant indication xxxx was due and owning and the defendant failed to dispute the amount."  Like this could be interpreted in some ways that could harm their case.   I attacked that in my complaint.

2) I file a discovery request the same time I sent my answer.  Certified mail.  I waited 45 days.  If they didn't send me everything I wrote a meet and confered on the 45th day.  A long with my discovery request.  

3) After I received their discovery and admissions request I immediately responded to it, with my own admissions request.  Also checked for any tiny advantage that I might have in the stuff they sent me.  I attacked everything that I thought I could use from the stuff they sent me in my admissions.

 

That's about it.  Do everything on time!  Most important thing!

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25 minutes ago, oregondebtsucks said:

 Didn't wait 30 days to file an answer.  I looked through the complaint and look for holes and tiny mistakes that I might be able to use.  Like "Within the past 6 years, an account was stated in writing whereby Plaintiff's assignor sent a final billing statement to the defendant indication xxxx was due and owning and the defendant failed to dispute the amount."  Like this could be interpreted in some ways that could harm their case.   I attacked that in my complaint.

that seems like an FDCPA violation.  They say you must contact them in violation of the FDCPA or they've got account stated. Have you checked your credit report after the case and disputed? Is the JDB still on there? A final billing statement sent is not the same as one received and how do they know one was sent?

"The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer."

The false representation of the character, amount, or legal status of any debt

The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to lose any claim or defense to payment of the debt

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