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Mrs. Defendant

Sued by Midland Funding, Oregon - Admissions, etc.

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I originally posted my case here, but I think that was the wrong portion of the forum to post in, since it doesn't seem to be very active:

Immediately after filing our answer, we received a "debt validation" through the mail:

-An alleged account statement showing a payment by us 2 days before account charge-off. (why would we make a payment 2 days before they charged it off? I thought charge off happened 6 months after last payment). Plus 2 additional account statements. 

-A bill of sale between the original bank and the first JDB, and a bill of sale to Midland funding.

-A run of the mill credit card agreement, but no signed contract.

We also received a request for admissions and production of documents. I have checked the forums, but can find no admissions templates that apply to our case.

 

Quote

Plaintiff's first request for admissions:

1: Defendant is an individual residing in Washington County, Oregon.

2.The last 4 digits of defendant's SSN are XXXXXX.

3.Defendant entered into a contract with bank for a credit card.

4.Bank ("bank" not named by me due to not wanting to type it every time it is used here, lol) issued a credit card to defendant under account number XXXXXXXXXXXXX.

5. The credit card was issued to defendant subject an agreement to repay any and all credit extended on defendant's behalf.

6. Defendant used the credit card to purchase or lease goods or services, or transfer balances from other credit card accounts.

7.Pursuant to contract, defendant promised and agreed to pay bank its court costs and collection costs in the event of a default as permitted by law.

8. Bank has performed all of its contractual duties and obligations to defendant pursuant to the contract.

9.Defendant received each and every monthly billing statement for the above referenced account.

10. Defendant did not notify bank of any duties or obligations which defendant believed bank failed to perform pursuant to the contract.

11. Defendant did not provide bank with notice of any objection relating to the accuracy, quality, delivery, fitness, or merchant-ability of such goods, services, cash advances or transfers acquired with the subject credit card in a timely or in any other manner.

12. Defendant did not reject goods, services, cash advances, or transfers, or any portion thereof, acquired with the subject credit card, in a timely or in any other manner.

13. Defendant never notified bank by telephone, in writing, or in any other manner that any credit card issued by bank to defendant had been lost, stolen or was being used without defendant's permission.

14. Defendant did not object or protest, in writing or otherwise, to the amount billed in any invoice or billing statement sent to the defendant after each monthly billing period.

15. Defendant failed to make all agreed upon payments to bank.

16.As a result of defendant's failure to make payments to bank, defendant's account has an outstanding balance of XXXXX.

17. Plaintiff is an entity as described in Plaintiff's Complaint (wtf?)

18. For good and valuable consideration, plaintiff purchased defendant's credit card account and contract as described in plaintiff's complaint.

19. Bank fully assigned its rights under the contract to the plaintiff in the sale of defendant's credit card account and contract.

20. As a result of the sale of defendant's account to plaintiff, any monies owed on the bank account are now owed to plaintiff.

21.Defendant has not made any payments or caused any other payments to be made on its indebtedness on the above described balance ot the credit card account for which credit has heretofore been given.

22.The documents attached hereto as exhibit A are genuine and accurate copies of the account and billing statements for defendant's credit card account and contract as described in plaintiff's complaint.

23. The document attached hereto as exhibit B is a true and accurate copy of the terms relating to the credit card account issued to the defendant as described in plaintiff's complaint.

24. The document attached hereto as exhibit C is a true and accurate copy of the chain of title for plaintiff's purchase of debt and contract.

Yeesh. That is a wall of text. If anyone would be able to help me figure out what to say here, it would be much appreciated. I haven't seen any examples with so many requests in the forums, hence my post. Thanks :)

 

 

 

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3 hours ago, Mrs. Defendant said:

-A run of the mill credit card agreement, but no signed contract.

There is NO signed contract.  You know that and the courts know it.  They won't be looking for one.   Read the card agreement.  By accepting the card and that agreement, using the card and making payments you consented to the terms.  THAT is the contract.

3 hours ago, Mrs. Defendant said:

Plaintiff's first request for admissions:

1: Defendant is an individual residing in Washington County, Oregon.  ADMIT

2.The last 4 digits of defendant's SSN are XXXXXX.  ADMIT (if this is accurate)

3.Defendant entered into a contract with bank for a credit card.  DENIED.  Plaintiff has not supplied a true and correct copy of any contract signed by Defendant.

4.Bank ("bank" not named by me due to not wanting to type it every time it is used here, lol) issued a credit card to defendant under account number XXXXXXXXXXXXX.

5. The credit card was issued to defendant subject an agreement to repay any and all credit extended on defendant's behalf.

6. Defendant used the credit card to purchase or lease goods or services, or transfer balances from other credit card accounts.  DENIED:  Plaintiff has presented no proof that Defendant has used the credit card on the alleged account.

7.Pursuant to contract, defendant promised and agreed to pay bank its court costs and collection costs in the event of a default as permitted by law.  DENIED.

8. Bank has performed all of its contractual duties and obligations to defendant pursuant to the contract.  DENIED

9.Defendant received each and every monthly billing statement for the above referenced account.  DENIED

10. Defendant did not notify bank of any duties or obligations which defendant believed bank failed to perform pursuant to the contract.

11. Defendant did not provide bank with notice of any objection relating to the accuracy, quality, delivery, fitness, or merchant-ability of such goods, services, cash advances or transfers acquired with the subject credit card in a timely or in any other manner.

12. Defendant did not reject goods, services, cash advances, or transfers, or any portion thereof, acquired with the subject credit card, in a timely or in any other manner.

13. Defendant never notified bank by telephone, in writing, or in any other manner that any credit card issued by bank to defendant had been lost, stolen or was being used without defendant's permission.

14. Defendant did not object or protest, in writing or otherwise, to the amount billed in any invoice or billing statement sent to the defendant after each monthly billing period.

15. Defendant failed to make all agreed upon payments to bank.

16.As a result of defendant's failure to make payments to bank, defendant's account has an outstanding balance of XXXXX.

17. Plaintiff is an entity as described in Plaintiff's Complaint (wtf?)  OBJECTION:  calls for a conclusion that is beyond the scope of knowledge and expertise of the Defendant.  Calls for a legal conclusion.

18. For good and valuable consideration, plaintiff purchased defendant's credit card account and contract as described in plaintiff's complaint.  DENIED.  Plaintiff has presented no true and verifiable evidence of purchase of any account belonging to Defendant beyond hearsay.

19. Bank fully assigned its rights under the contract to the plaintiff in the sale of defendant's credit card account and contract.  OBJECTION:  Calls for a legal conclusion beyond the scope and expertise of the Defendant.  Defendant denies this allegation.

20. As a result of the sale of defendant's account to plaintiff, any monies owed on the bank account are now owed to plaintiff.  DENIED

21.Defendant has not made any payments or caused any other payments to be made on its indebtedness on the above described balance ot the credit card account for which credit has heretofore been given.  DENIED.  Defendant denies any such allegation of indebtedness on the account in question.

22.The documents attached hereto as exhibit A are genuine and accurate copies of the account and billing statements for defendant's credit card account and contract as described in plaintiff's complaint.  DENIED:  Defendant is not privy to information of any creditor in the creation, maintenance, issuance, or storage of any documentation and therefore is not able to testify to the accuracy or authenticity of any such documents.  Until verified by an acknowledged experts Defendant considers all such documents hearsay.

23. The document attached hereto as exhibit B is a true and accurate copy of the terms relating to the credit card account issued to the defendant as described in plaintiff's complaint.  DENIED:  Defendant is not privy to information of any creditor in the creation, maintenance, issuance, or storage of any documentation and therefore is not able to testify to the accuracy or authenticity of any such documents.  Until verified by an acknowledged experts Defendant considers all such documents hearsay.

24. The document attached hereto as exhibit C is a true and accurate copy of the chain of title for plaintiff's purchase of debt and contract.  DENIED:  Defendant is not privy to information of any creditor in the creation, maintenance, issuance, or storage of any documentation and therefore is not able to testify to the accuracy or authenticity of any such documents.  Until verified by an acknowledged experts Defendant considers all such documents hearsay.

Using my answers as guidance you should be able to answer the others on your own.

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Thanks very much, Clydesmom! I appreciate your help.

My biggest concern is that according to credit report, the last payment on the account was in July, 2010 (which would put it outside SOL), but they have a document claiming a payment was made in December 2010 (within SOL, although I know we never made that payment. It sounds fishy since it was done 2 days before the account was charged off and sold to the first JDB). Also, they claim we never protested the charges, which in fact, we did. All charges on this account were fees/late charges due to a mistake on the bank's part that they refused to fix. But since all correspondence was over the phone to the bank, I'm sure those records are long gone.

Anyways, I am just confused on what to admit, both in the request for admissions, or in the document discovery. I don't want to lie, but I also don't want to give them the legal equivalent of a big hole in the wall. I would have to send them a copy of the credit report, right?

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1 hour ago, Mrs. Defendant said:

My biggest concern is that according to credit report, the last payment on the account was in July, 2010 (which would put it outside SOL), but they have a document claiming a payment was made in December 2010 (within SOL, although I know we never made that payment.

Check your own bank records.    Call the bank to see if you can get a copy of your December 2010 statement. 

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2 hours ago, Mrs. Defendant said:

My biggest concern is that according to credit report, the last payment on the account was in July, 2010 (which would put it outside SOL), but they have a document claiming a payment was made in December 2010 (within SOL, although I know we never made that payment. It sounds fishy since it was done 2 days before the account was charged off and sold to the first JDB).

It is likely a credit from the issuing creditor for some reason (i.e. a deposit on a secured card etc.) and Midland and other junk debt buyers are INFAMOUS for claiming this is a payment which resets the SOL.  It is NOT but you need proof that you as the consumer never made the payment therefore it had no affect on the SOL  As @BV80said check your bank records and get copies of the December statements showing a payment of that amount was not made from your account.

 

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On 11/13/2016 at 10:44 AM, Clydesmom said:

It is likely a credit from the issuing creditor for some reason (i.e. a deposit on a secured card etc.) and Midland and other junk debt buyers are INFAMOUS for claiming this is a payment which resets the SOL.  It is NOT but you need proof that you as the consumer never made the payment therefore it had no affect on the SOL  As @BV80said check your bank records and get copies of the December statements showing a payment of that amount was not made from your account.

 

Okay, in the process of doing this, assuming the banks I had accounts with in 2010 will cooperate. We were living in a different state at the time, using local banks with accounts that have long since been cancelled. 

I am running out of time to respond to admissions and want to answer the questions without falsely incriminating myself. As for their request for the production of documents, I should definitely include a copy of the credit report that shows the last date of payment on the account, but how on earth do I word any of this without admitting the debt, either on admissions or discovery? 

If I do hear back from the banks, I can file the amended documents (additional discovery) at a later time, right?

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Can you post the specific rogs, admissions, and requests you are having difficulty with?  It is much easier to craft an answer if I know what you are answering.

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Sure can!

I have never seen so many admissions questions, so I am concerned about missing something and them getting me on a technicality.

The following questions confuse me the most (the rest I think I can figure out, especially with your help above).

Quote

10. Defendant did not notify bank of any duties or obligations which defendant believed bank failed to perform pursuant to the contract. 

11. Defendant did not provide bank with notice of any objection relating to the accuracy, quality, delivery, fitness, or merchant-ability of such goods, services, cash advances or transfers acquired with the subject credit card in a timely or in any other manner.

12. Defendant did not reject goods, services, cash advances, or transfers, or any portion thereof, acquired with the subject credit card, in a timely or in any other manner.

13. Defendant never notified bank by telephone, in writing, or in any other manner that any credit card issued by bank to defendant had been lost, stolen or was being used without defendant's permission.

14. Defendant did not object or protest, in writing or otherwise, to the amount billed in any invoice or billing statement sent to the defendant after each monthly billing period.
 

 

I have no proof of course, but we have been in dispute of this debt since it first occurred. I remember spending long hours on the phone with the bank, etc. Is it worth bringing up?

Quote

18. For good and valuable consideration, plaintiff purchased defendant's credit card account and contract as described in plaintiff's complaint.
DENIED.  Plaintiff has presented no true and verifiable evidence of purchase of any account belonging to Defendant beyond hearsay.
 

For this one, the bill of sale chain they provided is hearsay? 

And here is a redacted request for production that they sent. They technically don't ask for any info like credit reports, etc. What would be your suggestion to tackle this?

 

Production request.jpg

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