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The pre-trial meeting for a debt collection is coming up shortly and the  attorney for Cavalry SPV has provided the discovery, which includes the following:

As per the suit, the Citibank account was opened in 2006 

1.)  EXHIBIT A:  A typewritten cover page (no letterhead) with only the last four digits of the credit card account, dated 5/8/2016 and an address that I have never used for any financial account (This address also does not match the statements they provided). 

2.) Exhibit B: They provided a generic credit card agreement, which is dated July 2013.  Note: The account was opened in 2006  

3.) Exhibit 😄 Cavalry provided a copy of a letter they stated was sent to me in October 2017 ....I have no record of this letter.

4.) Exhibit 😧  Cavalry provided a data drop, which shows the account number and a lot of other details, which would not make sense to someone who does not know the coding, but what I pulled from the report was: A) Application date: 2006  B.) Signature Indicator = Y   C.) Electronic Signature = N   D.) Two other account numbers were stated in the data file, as well.

5.) Exhibit E:  This exhibit included the Assignment from Citibank NA to Cavalry.  A.)  The Affidavit of Sale states 'On or about March 30, 2017, CBNA sold a pool of charged off accounts.  B.) Affidavit of Sale was signed: April 12, 2017  (C.) Bill of Sale was dated: March 30, 2017  (D.) Purchase and Sale dated: 3/28/17  (E.)  Bill of Sale further states: 'Accounts described in Exhibit 1' Note: I received Exhibit 1, which states a Purchase date of 8/1/2017

               ****I live in Massachusetts and the debt collection regulations are as follow: 940CMR 7: If the debtor, or any attorney for the debtor, notifies the creditor in writing within the 30-day period described in 940 CMR 7.08(1), that the debt, or any portion thereof, is disputed, the creditor shall cease collection of the debt, or any disputed portion thereof, until the creditor verifies the debt and provides the debtor, or any attorney of the debtor, by first class mail, the following materials: (a) All documents, including electronic records or images, which bear the signature of the debtor and which concern the debt being collected; (b) A ledger, account card, account statement copy, or similar record, whether paper or electronic, which reflects the date and amount of payments, credits, balances, and charges concerning the debt, including but not limited to interest, fees, charges or expenses incidental to the principal obligation which the creditor is expressly authorized to collect by the agreement creating the debt or permitted to collect by law; (c) The name and address of the original creditor, if different from the collecting creditor; and (d) A copy of any judgment against the debtor. Pursuant to 940 CMR 7.08(2), the creditor must provide those materials described in 940 CMR 7.08(2)(a) through (d) which are in the possession, custody or control of the creditor. If the creditor does not possess, have custody of, or control the materials described in 940 CMR 7.08(2)(a) through (d), the creditor shall cease collection of the debt until the creditor has made reasonable efforts to obtain the necessary information and provide this information to the debtor.  https://www.mass.gov/files/documents/2017/09/13/940cmr7.pdf

           Question 1: Based on 940CMR 7 above, 'Section (a) All documents, including electronic records or images, which bear the signature of the debtor and which concern the debt being collected'  DOES THIS MEAN THE CREDITOR NEEDS TO PROVIDE ME WITH A SIGNED ITEM, in order for this to be a valid lawsuit?

Question 2: Since the date of the Bill of Sale states a purchase date of March 30, 2017 and their Exhibit 1 states a Purchase date of 8/1/2017; is the suit invalid?

Question 3:  The attorney for the debt collector sent me a pretrial memorandum. I am not 100% sure how to complete the memo, since they want me to consolidate it into one memo.  Do I provide them with my findings above or just state that the validation of debt is invalid?

I really hope someone can help me with this.  I have to get the memo back to the plaintiff on Monday.

Thank you in advance.

 

 

   

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18 hours ago, clover said:

Question 1: Based on 940CMR 7 above, 'Section (a) All documents, including electronic records or images, which bear the signature of the debtor and which concern the debt being collected'  DOES THIS MEAN THE CREDITOR NEEDS TO PROVIDE ME WITH A SIGNED ITEM, in order for this to be a valid lawsuit?

No.  It means had you disputed it with them BEFORE they sued they would have had to provide that in response to your dispute.  Once they sued DV is no longer a viable option under state or federal law.

18 hours ago, clover said:

2.) Exhibit B: They provided a generic credit card agreement, which is dated July 2013.  Note: The account was opened in 2006  

When the account was opened isn't relevant to the card agreement.  If the 2013 one is what was in effect when you defaulted then this is correct.

18 hours ago, clover said:

Question 2: Since the date of the Bill of Sale states a purchase date of March 30, 2017 and their Exhibit 1 states a Purchase date of 8/1/2017; is the suit invalid?

No but it gives you a great place to start challenging their standing as well as the accuracy of their records.  I would also challenge the credibility of any affidavit attesting to the accuracy of those documents.

18 hours ago, clover said:

Question 3:  The attorney for the debt collector sent me a pretrial memorandum. I am not 100% sure how to complete the memo, since they want me to consolidate it into one memo.  Do I provide them with my findings above or just state that the validation of debt is invalid?

Can you post a copy of the document with your identifying information blacked out?

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Thank you so much,  Clydesmom.

I have attached the pretrial memorandum.  The attorney stated to supplement my responses to this document.  They will also change the title from Plaintiff to Joint Pretrial Memorandum.

I don't know what to provide in the Defendant sections.  The only response I have stated throughout was a denial of the debt and now that I have the account detail, my response would now include that the account detail is not valid, due to the difference in the Bill of Sale date of March 30, 2017 and the Exhibit 1 referenced  with a purchase date of 8/1/2017.

Thank you again for responding.

3 pg PRETRIAL MEMO FROM ATTORNEY.pdf

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DEFENDANTS SUMMARY OF THE EVIDENCE:

Defendant expects the evidence at trial will demonstrate that Plaintiff has not kept or acquired accurate and reliable records that establish incontrovertable proof of their ownership of an account belonging to the Defendant.  

Defendant reserves the right to supplement its Statement of Evidence prior to a trial of this matter.

For the witnesses:

Defendant has no planned witnesses at this time and reserves their right to supplement this list prior to a trial of this matter.

 

My thought is the first statement challenges their evidence without tipping your hand as to WHAT you are challenging.  You do NOT want them correcting it prior to trial and getting away with it. Be prepared to question their "witness"  I would let them establish they reviewed the records and they are accurate.  Hammer that point that they are ACCURATE.  Then have them explain the unknown address and the date discrepancies.  I am not familiar with MA rules of civil procedure so if you can consult a consumer attorney I would do so.  Most will do a first consult for free.

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You are amazing.  I so appreciate everything you have provided and I will be adding it to the pretrial memo.

I called an attorney yesterday. Hopefully, I will have their guidance, as well.

Thank you for your time and for providing your thoughts.

Best to you! 

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