Answer to my discovery

Got my Answer back today for my Interrogatories and prod of Documents, they sent me mostly the same paper work, 5 old statements and the same affidavit of debt and bill of sale that does not have any info of me or my account number on it,

they also included a credit card agreement with none of my personal info on it as well, I cant even read it, I can only see a year of 1999, they also included a second Affidavit of debt stating that once a account number is open and the account is transfered or charged off a new account number is asigned and thus the 3 different account numbers they have provided me about my account will correspond to the same account,


on the interrogatories Cach LLC is claim there not a debt collector and they do not collect debt, Then what are they and what are they collecting ????, Also they said they do not have my signed loan agreement or credit card App, it has been destoryed, They are claiming there a assignee of a debt, if there a assignee then who owns the Debt, this all sounds like Bull shit

When I got back my answers to discovery, they answered all my requests for documents as "vague and overly burdensome." How is it overly burdensome to ask them to get paperwork from the plaintiff they are allegedly representing? Shouldn't they have that before they sue someone? Also, Massachusetts state regulations regarding debt collection state that the plaintiff needs to provide copies of any and all documents they have with the defendants signature, and also documents providing an accounting of the alleged debt. I don't know what state you live in, but if you live in MA, check out the Attorney General's website and look at 940CMR 7.0 Debt Collection regulations 7.08 (Inspection).

It is all bull. They try to get around the laws by saying they are not a debt collector. Apparently it works pretty well in most states, Massachusetts for one it does. The only way you can get them on that is if you actually got something in the mail from CACH LLC, with their name on it attempting to collect a debt. That only works for licensing in Massachusetts.

As far as the FDCPA, it does not matter, debt collector, debt buyer, attorney collecting a debt, they are all the same and all fall under the FDCPA, unless it is the original creditor collecting a defaulted debt in their own name.


Now is the time to build up a defense. You need to go over EVERYTHING. If they say that the account was opened in 1999 and gave you a credit card agreement from 2000, make note of it. Label everything as exibit "A" and so on. This way when you go to trial, you can present it as evidence to the judge. This way you can present your side, objections,.......

You really do need to study up on this stuff if it does go to trial. If you fail to make objections at the right time, it could cost you the whole case. If you have to, go to a court house and watch a debt collection case at trial to see what goes down.


An affidavit of debt is hearsay and can't be used unless that person is present at the trial. The credit card agreement is good for toilet paper, who's to say they don't photocopy that for everyone they sue? it has no ties between you and the original creditor without a signature on it.

Unless the statements are from the OC then they are not valid in court. Anyone can make one up. usually they are probably microfich (sp)??? Check the account number on the statements. If it is not the account number they are suing you for, then it is no good.

These are my disputes with there claim, my Defense is I am Disputing the Amount of the Debt and I have no Business Relationship with Plaintiff lack of standing


Credit Card Statements and Affidavit of debt provided from the Plaintiff show different Account Numbers,

Plaintiff states in Interrogatories that the charge-off amount was $7,244 in Sept 05 yet a Credit card statement provided by the plaintiff from Oct. 05 shows balance of $3,621

Affidavit of debt and Plaintiff in Interrogatories state different Opening account Numbers

Affidavit of debt and Plaintiff in Interrogatories state account was open on 03/03/95 yet Plaintiff’s Credit Card Statement marked “A” is from April 2004

Defendant objects to the Bill of Sale on grounds that it does not provide any proof or detailed Account information it is the Defendants debt,

Defendant objects to Credit card agreement provided by Plaintiff on the grounds that the Plaintiff starts account was open on 03/03/95 and Credit Card Agreement is dated 1999 and does not provide any detailed proof it is the Defendants

Defendant Objects to 2nd Affidavit of Debt on the Grounds its does not Provide any proof or detailed information
or signature it is the Defendants debt

sjd, There is a Consumer Lawyer in Ma you can talk about your case, I read a Blog he had cases dismissed back in may from Cach due to lack of standing, here is his link http://www.quatlaw.com/

I contacted him awhile back, and he said he was too busy and I din't have a strong case. Anyway, at this point I have put so much effort into this that I feel I can hold my own. There is so much information easily available, and so much support on forums like this, that I feel that the days of these souless parasites (CA's and their "attornies") running roughshod over consumers and the legal system are seriously numbered. That's really interesting that the CA said you owed $7000 in September, yet the charge off amount was $3600 in October. Who does the accounting for these people? Do they think we can't read or do math?

They say I now owe over 10k, for a Original debt of 3.6K, about 4 years ago, in there answer to my Interrogatories they said the account was charged off $7,244 in sept of 05 and there Affidavit of debt said charge off was 10/23/07 for amount of $7,244 , There credit card statements are about 6 of them 2 from 94 from the fleet bank a few from 95 from BOA, then they just jump all the way to 2007 and that statement looks made up, they just called me a few mins ago, I dont answer there calls, I tried to settle for 2K when I first got the summons, They said no, I am unemployed and no longer can even offer them that settlement

I just Noticed this

in the answer to my Interrogatories they said they are not a debt collector or collect debt and they are a assignee of the account, yet right on the 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

What about the initial letters they sent you? The ones I got say right on them "we are debt collectors."

I am not sure were they are Lost I guess, I am sure it did say that they was debt collectors on the letter it always does, I wonder if I should send more Interrogatories questions about there answer and use there Affidavit of debt as exhibit A , Like they have done to me with old statements

Could you provide details of the affidavit, such as the general wording and especially, who was the affiant and the notary? They included an affidavit, supposedly from someone at BofA, in my case, and I suspect it may be fraudulent.

affidavit person is a vicki kyle and notary person is a bemadette polux,

in my Interrogatories I questions them with 3 differnt account numbers they use, the next think you know I get another Affidavit of debt stating that all 3 account numbers are for the same account, But no info about me personal or detailed info about the account numbers on the Affidavit, it sounds like total bull crap

Yeah that is not going to fly. Most likely that vicki kyle is a made up name, even so they must be at the trial. Even more so, if she does not work for the original creditor, it is hearsay. If she works for CACH LLC that is a third party and the affidavit lacks standing in the fact that she did not withness you sign a contract nor did she keep records of your account.

That other name seems made up too. You should investigate that too and see if in fact that person really is a notary. How they get 33 account numbers is beyond me. It seems like they didn't know what one to put so they where hoping one looked familier to you and you would pay.

There is one thing you can do and that is to see if them account numbers are legit. It is done by law to encript 16 digit account numbers so noone can make up a fraudulent number. to do this:

Start from the second to the last digit and multiply it by 2. If you come up with a double number, add them 2 together. work your way to the left and skip each number from that one and do the same, you should finish at the first digit. When you are done, add them all together and the total number should end in zero, if it does not, then the credit card number is a phony.

EX:

1234-5678-9012-3456 <<<<<EX......7x2=14 so it's a double digit, add together,,,,look at the 7th digit below. it is a 5.

2+2+6+4+1+6+5+8+9+0+2+2+6+4+1+6=64........so it does not end in zero and this is a fake credit card number.

Check them all and let me know how you make out.

its stating it is from the original credito, lol the name from person from Cach who answered my Interrogatories is Olga Zhivnitskaya

irishpat77


I Noticed this

in the answer to my Interrogatories they said they are not a debt collector or collect debt and they are a assignee of the account, yet right on the 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

irishpat77, I dont understand the encript 16 digit account numbers