Answer to my discovery

I did. I filed a motion to dismiss. In my motion I stated that an arbitration award can only be enforced if it is accompanied with an arbitration agreement signed by both parties, which this one wasn't. I supported this with documentation of the case, MBNA vs. Credit, where the Kansas Supreme Court ruled that an arbitration award is invalid if it is not accompanied with a valid, signed arbitration agreement. There are many other court rulings that support this opinion. The CA's attorney claims that she ordered a copy of an agreement, and that it was on the way. I am still waiting for it.

I also stated in my motion to dismiss that it can be inferred that NAF is not the neutral, non-biased party that it claims to be, and that the arbitration award did constitute a conflict of interest. I included with my motion copies of the Minnesota Attorney General's complaint, the consent agreement from NAF to no longer arbitrate credit card cases, and I also pointed out the business ties between NAF and Wolpoff and Abramson, who the award is made out to. If that is not enough to convince the court, I have copies of the complaints from several class action lawsuits currently being filed against NAF. I have to go back in a couple of weeks for a second pre-trial, so the court can decide on my motion, and whether or not turn the arbitration award into a judgement. I would love to hear from anyone in a similar situation, because I can't find any info on how courts are handling NAF awards since July, when they bowed out of the business.

Figures2000: about the notary, I checked with the NC Secy of State and her correct name is Bernadette Polux, in Guilford County, commission expires 2-27-2012. If it was signed "Bemadette" it's a sure sign of fraud.

You need to remember that all the info they sent you, affidavits and documents, are inadmissible HEARSAY without a qualified witness to testify and authenticate them. You should insist that the affiant appear at the trial, and insist on your right to cross-examine the witness.

Give the court examples of JDBs and creditors filing false affidavits in court cases. Which is why you need to cross-examine the JDB's witness. Check the legal forum at Credit Info Center - dot - com, there is great info there.

I am checking over the Affidavit of debt right now, and Noticed, there is a stamp seal and it says Bernadette J and the rest of the name is not readable, kind of strange, because the stamp is in Dark Ink and you can read everything very clearly exp the last name its faded away, like someone used white out or something not sure, then at the bottle of the paper it is signed by them and under that it says Notary sealed and the name is Bemadette J Polux and it is spelled that way, it is in Dark Ink and looks to be a stamp

my wife noitced it could just be the r and n running together on the stamp and it looks like a M

I sent them a second set of innterrogatories yesterday about them not being a debt collector and about them being a signee on the account

SJD any updates on your Case????, My case mangement Conf is in 15 days

I have a second pre-trial on friday. As of now, I have not received anything from the CA except for a request for admissions. I denied these, based on the fact that they have not provided any documentation whatsoever of the alleged debt. I am trying to show the court that the plaintiff and CA have been given many opportunities to validate the debt, if it is valid, and they are either unable or unwilling to do so. In the 14 months since they first contacted me, I have not received a single document from the OC, or anything with my signature. I asked for this through DV letters, discovery, and my motion to dismiss. The CA claims they validated the debt because they sent a generic collection letter, on their letterhead, saying "you owe this amount.", and an affidavit signed by their attorney (not the same attorney who has shown up in court). Now I have to take a day off from work, to deal with them AGAIN. At the pre-trial, the court is going to rule on my motion to dismiss. Not sure how that is going to go.

SJD, good luck friday, Hopefully its dismissed and this stress can be over for you, My Case managment Conf is in 14 days, I am not sure what to expected, I will get some satisfaction out of knowing they will have to travel an Hour and 30 min's to court maybe more depending on traffic coming from Boston and the court house is only 15 mins away from my house and my Court time is at 2:30 in the afternoon I am sure heavy traffic for them coming and going back =)

After I go to my Case manament Conf in a few weeks, I am going to get the paper work and file to have my case dismissed for lack of Standing no Business relationship, they have provided lack of proof they own my debt or even can Collect on it

figures2000, who is the CA that is suing you? I am dealing with Daniels Law Offices. Just curious if its the same one. Best of luck.

its a Cach account and the law office is Cambece Law of Peabody, Do I need to state my Def 's at the case managment meeting ???

I was prepared to say alot at my case management conference, but only had the opportunity to say that I had not had a chance to speak with the CA's attorney. It was very brief. When we were leaving, the attorney asked me if I wanted to settle, and I said no. I would recomend being prepared, but at the same time, you might not have a chance to say much until the pre-trial. Have you sent interrogatories, request for admissions and request for documents to the plaintiff's attorney? I did, but they objected to everything I sent as being "vague and overly burdensome." When I answered their request for admissions, I denied everything, saying that the CA was unwilling or unable to provide the documents I requested. I am trying to show that I have been seeking out information that would help resolve the case, but they are not cooperating. Also, I believe if you look under MA collection laws, the plaintiff or its representative is obligated to provide you with all the documents in the posession of the OC relating to the alleged debt, as well as a calculation of alleged debt, coming from OC, if the defendant asks for it. Also, look up Cambece. I believe they have had some class actions filed against them. There might be something there you can use.

I think I am ready,

I have 3 Def's, my main one being, I have no Business Relationship with the Plaintiff, Also the Amount of the Debt, and there not licensed in ma as a debt collector, I have no info on this one thou

there Evidence is 5 old statements a affidavit of Debt that claims to be from the OC also a bill of sale from the OC, a credit card agreement, and a second affidavit of debt from the OC claiming all 3 account Numbers was for the same account

I have 7 Red flag Points ready about there info they provided me, as for there evidence the credit card agreement is from 1999 my account was open in 95, there is no personal info about me or the account on the credit card agreement the bill of sale or even the second Affidavit from the O/C

I sent them interrogatories, they answered me with skipped around answers like see docments annexed hereto, witch is the same evidence they already provided me, like I asked for proof they owned the account they sent me that blank BOS, I asked for a complete break down of payment history, they sent me the 5 same statements, I asked for a breakdown of balanced owed, see docments annexed hereto, they did state my signed loan aggreement or credit card app had been destoryed

when I go to court what points do I need to foucs on????

cant I just say that I have no Business relationship with the Plaintiff or do I say Plaintiff has no Standing???, because they have not provided me with a True contract of sale or a assignement that mentions my debt specifically, unless the affidavit of Debt is all the proof they need

I found this Blog about Cach LLC

Tuesday, May 19, 2009

Collections Cases Dismissed


Via his blog, Massachusetts Consumer Rights, attorney Kenneth Quat writes that:

"Judges sitting in the Quincy and Brockton District Courts each recently dismissed collection cases brought by CACH, LLC, against clients of Quat Law Offices. CACH is a "debt-buyer" based in Denver which sues Massachusetts consumers through Cambece Law Offices. In each case CACH was unable to produce documentation at trial sufficient to establish that it owned the alleged debt or had the right to collect it."