Answer to my discovery

I checked all my credit card statements from them, they all have the same account number exp one

Interesting. Google 'Vicki Kyle Bank of America' and you will see she has a LinkedIn profile. As did my alleged affiant (a different person). Maybe these people are legit and really did sign the affidavits, but I can't help but wonder if CACH is getting their names off the internet. Also, are the signatures illegible? The ones in my case are.

its hard to read, But I can see a V and a K, on my affidavit they do have my #ss right, But the account number they say I opened its not the Original opening Account number, I Question this to them and they sent me another affidavit explaining when a account is tranfered or charged off the account number can change, so the 3 differnt account numbers they have given me are all for the same acccount, the 2nd affidavit does not have my name or any info about me or my account on it, there also claiming I opened the account in 95 with bank of america, the Account itself was opened with Fleet bank in 1994, then BOA purchased fleet and it charged over I am guessing in 95, I am looking over the statements they sent me and even the account Number stayed the same when it witched over from feet bank to bank of america

on my Interrogatories they basically skipped around my Questions, when I asked for a complete break down, they replied defendant is directed to doc hereto, which is the same 5 credit statements they sent me before, when I asked for proof I entered into any agreement they replied with a credit card agreement you cant even read with no info of me and my account on it and a date of 1999, there saying account was open in 1995, I requested a bill of sale they sent me a bill of sale with no info of me or my account on it, I asked for a signed agreement or a Credit App, they said it was destroyed

You can check if it's a valid notary with the NC Secretary of State. And, is the notary's name Bernadette Polux rather than Bemadette? In my case it is a valid notary, but I still suspect the affidavit is a forgery.

My Affidavit says Bemadette J Polux, Even if the affidavit is Legit, this person was never there to see me open or sign on this account, you can even say you have No Business Relationship with the Plaintiff (lack of standing) They will have to provide a contract of sale (also known as an "assignment") that mentions your debt specifically, in my Case I have yet to see anything close to that, only a Bill of sale with nothing of my name or account on it and a card agreeement with nothing of me or my account on it and its dated 1999 there saying my account opened in 1995, I challenge there right to sue

sjd What happens at the Management Conf ?????

I have to go back in a couple of weeks, so that the court can decide on my motion to dismiss. They will also be considering whether or not to grant the plaintiffs request for a summary judgement based on a National Arbitration Forum award. These awards are not valid without being accompanied by a signed agreement (signed by both parties.) The attorney for the plaintiff claims that a copy of the agreement is on the way, but it's been 2.5 weeks since the last pre-trial, and I haven't got anything yet. Even if they do get an agreement, I will object to it as fraudulent and obtained under false premises. Due to a recent lawsuit against them by the Minnesota Attorney General, NAF decided to stop arbitrating credit card disputes. Apparently they are owned by the same company that owns Mann Bracken, Wolpoff and Abramson, and other debt collectors. They claimed to be a neutral, non-biased arbitrator, but really weren't. As of yet, the CA has yet to provide a single document from the original creditor. They have been wasting my time for the past 13 months, and I am getting more annoyed by the day. This next pre-trial will be the third time I have to go to court. I will keep fighting, because these people are horrible, and can't continue to get away with trying to intimidate and mislead people. I am not sure how to prove this, but I think that they have actually purchased the debt, and are collecting it for themselves, and not representing FIA card services, like they claim. The head attorney for the CA has signed an affidavit, under penalty and pains of perjury, that he is representing FIA. It would be great to catch him in an act of perjury. I have thought of calling FIA to verify this, but everything I have read about them suggests that they are not very nice to deal with.

What should I be ready for at the Managment Conf ???????, Should I state my Defense's and disputes

When I went to my case management conference, it was very brief. The judge asked the plaintiff's attorney and me if we had had a chance to speak to each other, and we said no. He set a pre-trial date, and that was pretty much it. The plaintiff's attorney did not bring any documents to court. When we were leaving, she told me that "we usually order the documents after an answer is filed." She then asked me if I wanted to settle, and I said no. I did notice that alot of the attornies were calling the defendants out into the hall before they went up before the judge; I assume this was to discuss settlements. It's probably better to decide before you go if you want to settle or not, that way they can't intimidate you into making a decision you'll regret. Also, the burden is on them to prove you owe the money, not for you to prove that you don't. They sued you, not the other way around.

Thanks sjd, I have no job and no Income right now and I will not settle even if I had the money, They have not produce documentation sufficient to establish that they own the alleged debt or have the right to collect from me on it, I sent them a second set of Questions from the Answers they provided me from my first set

they are trying to claim, most likely, that they are a debt buyer and as such not a debt collector. Has anyone thought of the most obvious thing here? Call them, and record the call. now, I know what some of you are saying--"we need to tell them if we record in our state", right? While that may be true, I have yet to hear about a debt collector that doesnt start their phone calls off with a prerecorded message saying "this communication is with a debt collector and any information obtained will be used for that purpose". If you get THAT on tape, and then hang up, you have NOT violated ANY law because you did not record a live person without consent. and if you play it for the judge, CACH will look like a bunch of complete morons in court trying to say "hey, we're not debt collectors".

Then again, you could always bring up their website--collectamerica dot com---it talks about recovering delinquent accounts and proclaims them to be "at the forefront of the debt purchasing and collection industry", and thats on the main page!! how could they not be in debt collection if they are, by their own words, "at the forefront of the debt collection industry"?

Thanks for the help Skydivr, There saying there not a debt collector and dont collect Debt and they are a signee on the account, yet right on there Affidavit of debt it states this, the account on 10/23/07 was sold transfered and sent over to CACH LLC with full authority to do and perform all acts necessary for Collection, settlement adjustment, comromise or satisfaction of the said claim

These people will do or say anything to get money, including lying. They are really pathetic. It's great that there are websites like this that help people fight back. There is a ton of great info on the internet in general, regarding case law, debt collectors, etc. That's how I found out about the National Arbitration Forum exiting the credit card business. I know they are not arbitrating any new cases. Does anyone know what their status is regarding old cases, or how the courts are treating arbitration awards from them?

I agree this web site has helped me alot I was able to answer my summons, answer there Discovery and also send my own discovery on my own thanks to the members on here

If a creditor has an arbitration award from NAF against you, you should fight agaisnt it using the info recently disclosed about them by the MN AG, how they are not impartial, but are a debt collecting arm of the creditors.