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FILING AN APPEAL OR GIVE UP? . (JUST LOST ON TRIAL)


JDCHATER
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Hello everybody. Its been a long ride and you all helped me to fight the case the best I could. ( I might try going the arbitration route in my next life unless I reborn in the body of a rich person). :) 

I just lost In trial against a JDB. Exhibits were introduced by an expert witness from the OC. (Yeah I know, 1 in a million) 1) ACCOUNT STATED 2) MONEY LENT (CALIFORNIA)

I Denied everything on my Answer but included no Affirmative Defenses.

Credit card opened in 10/2013 defaulted in 12/2014 and charged off on 07/2015. (Within the SOL by 10 days)

Plaintiff provided card monthly statements from 08/2014 to 07/2015 showing 3-4 online payments on the card. (OC witness didn't know who made them)

95% of the debt originated prior to 08/2014. ( The expert witness from the OC had no records prior to 08/2014 and had no problem admitting they are gone).

My "defense" on trial was to Object to the accuracy of the card statements under (IF THE SOURCE OF INFORMATION OR THE METHOD OF CIRCUMSTANCES OF PREPARATION INDICATE LACK OF TRUSTWORTHINESS).

My argument was:

1) how can the witness claim the 08/2014 monthly statement was correct if the 07/2014 monthly statement was not provided?

2) The ONLY cardholder agreement provided was dated 04/2016 and the interest rates don't match the monthly statements. That means Plaintiff did not provide the agreement when the account was open, or at the time of charged-off. Nobody knows what interest rates were charged to the account every month, or what interest % was agreed by both parties, or how much were charged on the account on purchases, late fees, etc. (Again, how do we know the amount of the debt was correct or accurate prior to 08/2014). (YEAH I KNOW, UNDER ACCOUNT STATED IS NOT NEEDED BUT IT WAS INCLUDED ANY WAY. ALSO, MONEY LENT WAS A CAUSE ON ACTION TOO)

The OC (Citibank) while the account was active, had to settle 2 class action law suits with the CFPB for illegal financial practices. 1) (Selling credit card debts with inflated interest rates and Overstating the APR for accounts in Sales Files) and 2) Failing to reevaluate and reduce the annual % APR's on 1/75 million consumers)

File No. 2016-BCFP-003 and File No. 2018-BCFP-003

 

DO I HAVE ANY CHANGE OF WINNING ON APPEAL? (I think I can file it for free using a waiver).

Thanks to every for helping me. I failed because as my case was weak from the beginning.

 

 

 

 

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