bk85

Sued by bloomfield financial group llc

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1 hour ago, Harry Seaward said:

Or if you like to wear tin hats, you probably see the judge allowing the plaintiff to amend its complaint as the judge has been paid off by the plaintiff.

LOL! Thanks, I needed that.

My concern would be that Kabbage (like Discover, before them) realized, from inception, that they were dealing with high-risk borrowers and would have baked elaborate collection data into their DNA. If that payment history, attached to complaint, has solid borrow-identification behind it, I''m not sure how one would expect to prevail.

 

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19 minutes ago, Goody_Ouchless said:

My concern would be that Kabbage (like Discover, before them) realized, from inception, that they were dealing with high-risk borrowers and would have baked elaborate collection data into their DNA. If that payment history, attached to complaint, has solid borrow-identification behind it, I''m not sure how one would expect to prevail.

bk85 mentioned earlier that an account number wasn't provided.  I actually see two potential account numbers in the accounting that was attached to the complaint.  Look at the columns CoreCardAdminNumber and AccountKey.

There should be a record of the borrower's email address and, because the advance was deposited into a Paypal account, the Paypal email address.  It just depends on whether this information was provided to the JDB as part of the sale of the account.

Right now they're suing you for $926, even though the total charged off amount is $1,852.  After you receive the agreement, if it turns out this does belong to you, I would seriously consider making an attempt to settle.

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13 minutes ago, Goody_Ouchless said:
 

LOL! Thanks, I needed that.

My concern would be that Kabbage (like Discover, before them) realized, from inception, that they were dealing with high-risk borrowers and would have baked elaborate collection data into their DNA. If that payment history, attached to complaint, has solid borrow-identification behind it, I''m not sure how one would expect to prevail.

 

The Plaintiffs attorney mentioned subpoenaing banking records and needing time. So i agreed to 90 days discovery. I have no feeling of doubt that this attorney has no case as this debt is not mine. 

My main concern is if there is no valid personal guarantee they can only go after the business.

From research there personal guarantee was only on the merchants performance and not on any defaulted balance owed.

They have since updated the personal guarantee terms for this reason im assuming as it now contains any defaulted balance owed.

I'm interested in seeing this agreement. 

He now only has 5 days left so we will see as he stated on the record that he has it in front of him. Which makes no sense as to why it wasn't attached.

The judge sounded annoyed with im.

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4 minutes ago, LaneBlane said:

bk85 mentioned earlier that an account number wasn't provided.  I actually see two potential account numbers in the accounting that was attached to the complaint.  Look at the columns CoreCardAdminNumber and AccountKey.

There should be a record of the borrower's email address and, because the advance was deposited into a Paypal account, the Paypal email address.  It just depends on whether this information was provided to the JDB as part of the sale of the account.

Right now they're suing you for $926, even though the total charged off amount is $1,852.  After you receive the agreement, if it turns out this does belong to you, I would seriously consider making an attempt to settle.

Nowhere in that document is the account number 2511364 as mentioned in the complaint. Also the balance is only $926 not $1852 or they would have sued for that. The first charge off is the initial and the other 3 are the summary of that charge off.  This document is pure speculation at this time unless he can prove this by statements as anyone with excel could type this up.

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1 hour ago, bk85 said:

I have no feeling of doubt that this attorney has no case as this debt is not mine.

Then why all the cloak and dagger nonsense? File a police report for ID theft, and affidavit swearing under penalty of perjury the debit isn't yours and they will dismiss the case in a matter of a couple days. I don't get the 'litigation for sport' if it's not your debt. Do you just need a hobby? Try golf. You have about the same odds of success as shooting for a hole-in-one.

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3 minutes ago, Harry Seaward said:

Then why all the cloak and dagger nonsense? File a police report for ID theft, and affidavit swearing under penalty of perjury the debit isn't yours and they will dismiss the case in a matter of a couple days. I don't get the 'litigation for sport' if it's not your debt. Do you just need a hobby? Try golf. You have a much higher success rate shooting for a hole-in-one.

I have no tolerance for identity theft. I am hoping this attorney will give me something i can use. Why make the cops work harder than they have to if an attorney will do it for them. I will play this out and see what gets presented to the court. Then it is on record and i can reference this case in my police report. I understand why people want me to just file a police report now but with an open court case things can be gathered easier than if the police just investigate it especially with 90 days of discovery. I am hoping for hard evidence. Also i am looking at other ways of beating it in case an account was in fact opened under my name. Then i would have to subpoena account establishment documents from them. At this point i cant just say it is not mine if someone had my social security number they can do a lot from just a computer. So i need more information on this to proceed in filing a police report. Plus i am a stay at home dad currently and have a decent amount of time for this.

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46 minutes ago, bk85 said:

I have no tolerance for identity theft. I am hoping this attorney will give me something i can use. Why make the cops work harder than they have to if an attorney will do it for them. I will play this out and see what gets presented to the court. Then it is on record and i can reference this case in my police report. I understand why people want me to just file a police report now but with an open court case things can be gathered easier than if the police just investigate it especially with 90 days of discovery. I am hoping for hard evidence. Also i am looking at other ways of beating it in case an account was in fact opened under my name. Then i would have to subpoena account establishment documents from them. At this point i cant just say it is not mine if someone had my social security number they can do a lot from just a computer. So i need more information on this to proceed in filing a police report. Plus i am a stay at home dad currently and have a decent amount of time for this.

 You should know if you opened an account or not. If someone opened an account in your name without your permission, it’s ID theft,  and you don’t need to subpoena account establishment documents. 

 Did you sign anything?   Would your bank records reflect payment made to the credit card bank?  If not, they cannot prove you opened the account.  

 The only reason to drag this out is if you’re not sure whether or not it’s your account. 

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I guess I'm just dense. If one account was opened in my name via my personal being being bought on the 'dark web,' I would suspect there would be others and would at least take the basic first step of filing a report as an umbrella for any future bogus debts.

Are you saying the you, someone working with you, one of your business entities, etc. never once did business with Kabbage?

 

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Really.

If this is ID theft, and you are fairly certain this is ID theft, it is NEVER too soon to file a police report.  If there is more information that can be gotten from the attorney, that can be added to the police case at a later date.

The police are not going to send out detectives on this case.  They really aren't.  About all they will do is take whatever information you give them, and to write it down and file it nicely.  The local cops don't have the resources for this.  

If you get pertinent information at a later date that could be used to solve the case, talk to the cops again, and see what they say.  

At this point you are trying to protect yourself from law suits, one of which is ongoing, based on the ID theft.  You need to do whatever it takes to protect yourself.  If you don't, then the other side is free to assume you are not serious about any claims of ID theft.  

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2 hours ago, BackFromTheDebt said:

The police are not going to send out detectives on this case.  They really aren't.  About all they will do is take whatever information you give them, and to write it down and file it nicely.  The local cops don't have the resources for this. 

This right here. You could flat out lie in the affidavit and no one would otherwise dig deep enough to know better. Except that in your case you have been sued now and opposing will be digging around, and you know there's a decent chance they will find out the truth.

Remember what I said about golf? Good luck. 

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8 hours ago, Harry Seaward said:

I was going to respond to bmc's "case is so weak" comment by saying all the attorney has to do is amend the complaint to include the agreement, but the attorney himself beat me to it.

Don't be fooled into thinking this is a slam dunk in your favor. The judge has already demonstrated he is willing to be fair to both sides. (Or if you like to wear tin hats, you probably see the judge allowing the plaintiff to amend its complaint as the judge has been paid off by the plaintiff.)

Harry, I would of waited until the JDB tries to argue their contract claim and use 2.113F then

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4 minutes ago, bmc100 said:

Harry, I would of waited until the JDB tries to argue their contract claim and use 2.113F then

2.202C says the court should allow the plaintiff to amend their complaint on terms that are just. In fact if the court didn't grant a continuance to let them amend, I would argue the court participated in a manifest injustice. 

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So today i received:

Amended complaint and agreement.( This agreement does have my name on it and it only says bksales as the business name) So i dont know where he is going with bksales.us.  It is only a merchant agreement but he is trying to say it was a dba. I have never had any such dba. Nor is any such dba registered anywhere i know of. Also an attached  wois.net search with my name on it for BKSALES.US (The funny part is they printed and filed it with it stating (unlicensed printer license required) all over it and the footer address comes back to nothing.

Plaintiff's First set of interrogatories,Admitals and request for production. ( 8 years of banking statements LOL can we get anymore vague)

3 subpoenas to paypal, ebay, and kabbage.

I only have business accounts with paypal and ebay under an llc that is not mentioned in complaint. All three subpoenas are extremely vague. (Any and all contract agreements, statements and any other related documents).

So im pretty confident the subpoenas will be challenged and come back with nothing. The only one is Kabbage that may come back but they had to do that through Georgia and have it served.

Without paypal they have nothing so im not to worried.

After reading all of this they are on a fishing expedition.

Oh yeah here is the kicker. He is calling his wife Michelle Warner as a witness for Bloomfield Financial Group LLC. (Thank You  Interrogatories and admitals here we come)

 

If you don't believe in what i am doing please feel free not to comment.

If you want to help feel free.

 

I will scan and attach everything soon.

 

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10 hours ago, bk85 said:

If you don't believe in what i am doing please feel free not to comment.

I think you will find that the problem is there are still a lot of people who believe debt buyers dig through dumpsters to find old CC receipts and then fabricate evidence and sue innocent people. When folks like you and @MikeJones come along and use double-talk and word games to make a legitimate debt sound like ID Theft (or worse), it plays into those misconceptions. Frankly, I'm cheering for the plaintiff on this one.

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There is no identity theft in my case. Why do you keep pushing that angle? I expect the case to be dismissed w prejudice shortly. And await your multiple apologies for having no idea what you are talking about. In legal terms of course..

Take @Goody_Ouchless advice with caution.

He's failed miserably in his feeble litigation attempts in Arizona, and has an axe to grind with those of us asking sincere questions.  Its clear his legal advice is based on pomposity, smugness and group think. 

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In that case my sincere apologies to @Goody_Ouchless I thought he was litigating in a similar fashion like the rest of us simpletons on this forum.  I would still appreciate sound advise rather than over the top assumptions.

I don't have the luxury of using an attorney however. And have been asking for advice on my case, instead Ive been met by overtures rooting for the Plaintiff?  Whats up with that? How is that helping people on this forum.

Cases as in plural? I mean..

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Mike, people don't like being asked for help by other people that treat them like idiots. The old timers have been at this a long time and we know what time it is.  No one here is going to judge anyone for tryingto not pay a legitimate debt. That's essentially the motto of this board. Just don't try to imply it's anything other than that. That's all. 

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3 minutes ago, Harry Seaward said:

Mike, people don't like being asked for help by other people that treat them like idiots. The old timers have been at this a long time and we know what time it is.  No one here is going to judge anyone for tryingto not pay a legitimate debt. That's essentially the motto of this board. Just don't try to imply it's anything other than that. That's all. 

Agreed, and I appreciate the advice from all.

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After careful consideration of all my financial debts which amount to 20k-ish and further cost of litigation i have opted to file chapter 7.

I am below poverty with my family size so it should go smoothly. 

Thank you all for your advice comments.

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On 6/21/2018 at 11:47 AM, bk85 said:

Nowhere in that document is the account number 2511364 as mentioned in the complaint. Also the balance is only $926 not $1852 or they would have sued for that. The first charge off is the initial and the other 3 are the summary of that charge off.  This document is pure speculation at this time unless he can prove this by statements as anyone with excel could type this up.

You'll have to wait to receive a copy of the agreement from the Plaintiff, as well as a copy of the ownership documentation.  If the Bill of Sale has an attachment that lists your name, business name, and includes the 2511364 account number, you could argue the account statement they provided doesn't match.

If they're claiming this was a loan and not a Merchant Cash Advance, they may have eliminated the other charged off amounts from their suit because they would have been considered excessive.

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3 hours ago, bk85 said:

After careful consideration of all my financial debts which amount to 20k-ish and further cost of litigation i have opted to file chapter 7.

Wise decision. My biggest regret in my credit repair journey is not filing Ch.7 when I had the chance. 

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4 hours ago, bk85 said:

After careful consideration of all my financial debts which amount to 20k-ish and further cost of litigation i have opted to file chapter 7.

I am below poverty with my family size so it should go smoothly. 

Thank you all for your advice comments.

It took me 5-6 years to recover since I could not file bankruptcy given what I do for a living. From 2010 through 2013, I fought to rid myself of the mess my ex-wife put me in. As of last month my credit score was around 800. I had to wait for the bad, closed debts to fall off my credit report. Best of Luck.

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For some, BK is horrible.  For others, it is a godsend.  

If you are in the latter class, it is foolish NOT to file BK.  Some people, including myself, have done some macho posturing about the butt kicking we've given to various creditors.  The other side of the coin is, that took a tremendous amount of work, and a tremendous amount of stress.  It was only worth it for me because I was in the group for whom BK would've been a worse option than fight and negotiate.  Also, I did this at a time when the records were often much worse than they are today.  Because of people like me who were able to clobber them on bad records, they started keeping much better records.  

 

The moral:  when you are facing these situations, you are on your own and you need to do what is best for YOU.  Trying to impress strangers on the internet is a waste of time.  Those of us who have spent a lot of time on the other board can cite some very specific examples of people who were creamed trying to impress others, despite being warned they were treading on dangerous ground.  

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