Cach llc
Date: Thu, 09/03/2009 - 18:22
Tuesday, May 19, 2009
Collections Cases Dismissed
Via his blog, Massachusetts Consumer Rights, attorney Kenneth Quat writes that:[INDENT]"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."[/INDENT]
Yeah, that happens often. See "Defense #7 - No Business Relation
Yeah, that happens often. See "Defense #7 - No Business Relationship with the Plaintiff (lack of standing)" in the link I often paste here:
"http://www.nedap.org/hotline/defenses.html"
Many people wouldn't pay a dime to a junk debt buyer unless they are forced to in court, after filing a Motion for Discovery.
Can I Say I No Business Relationship with the Plaintiff lack
Can I Say I No Business Relationship with the Plaintiff lack of standing and also I Dispute the Amount of the Debt????
[QUOTE=figures2000;466240]I found this Interesting Blog about Ca
[QUOTE=figures2000;466240]I found this Interesting Blog about Cach LLC
Tuesday, May 19, 2009
Collections Cases Dismissed
Via his blog, Massachusetts Consumer Rights, attorney Kenneth Quat writes that:[INDENT]"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."[/INDENT][/QUOTE]
About 2 months ago I got my case dismissed because Cach, representing Chase, couldn't produce ANY documents. Their reason was that they were waiting for the backups.... LOL
You see, they had a judgment against me 3 years ago. Only early
You see, they had a judgment against me 3 years ago. Only early this February they decided to take legal action to collect the debts (wage garnishment). Around April I got the judgment vacated because I caught the plaintiff lying. The case was reheard around July. However, the the early process of the vacate judgment I was able to test the plaintiff to see if they have their paper work in order. They didn't. Before my first hearing, depending on your civil procedure of your state court (I am in NYC), I was advised to send a Request of Documents to the plaintiff. It is worded like this:
--------------------I, ----------- am the Defendant in the above-captioned action. Please provide with all the original creditor’s records pertaining to the alleged debt, including, fully executed credit application, the signed credit agreement and all amendments, entire history of payments since the account opened, and detailed breakdown of all interest and fees which Plaintiff is seeking, In addition, please provide me with all information and documents relating to your acquisition of the alleged debt, including, without limitation, executed copies of all assignments and transfers. Kindly send the information and documents to me at the above address within 20 days.
Sincerely,
Defendant
-----------------
On my first hearing, I immediately asked the judge to dismiss the case with prejudice because the plaintiff has no proofs. They didn't send me any documents to me. I told the judge that. The plaintiff claimed they didn't receive my letter. The judge then gave them another 30 days to produce documents. September came and I had yet received anything. Plaintiff didn't show up. Case dismissed.
Here is a brief time line. Judgment-----vacated judgment-----Request for documents----first hearing-----second hearing-----case dismissed.
My case was very straight forward. I played my cards right and making sure I dictated what the plaintiff could or couldn't do. I tried not to leave them any room to fight their way out.
My case they have just answered my Discovery, They sent me a bun
My case they have just answered my Discovery, They sent me a bunch of paper work that really is crap, they provided me 5 old statements A Affidavit of Debt, Bill of sale, that does not have any info about me or my account on it, Now they sent a credit card agreement and you can even read it and it is dated 1999, account was open in 1994, I they have 3 differnt account numbers on there claims and affidavit, I disputed that, they sent me another affidavit saying all the accounts are for the same account, But it does not state anything about me or my account on that affidavit
Quote:Originally Posted by figures2000My case they have just ans
Quote:
Originally Posted by figures2000 My case they have just answered my Discovery, They sent me a bunch of paper work that really is crap, they provided me 5 old statements A Affidavit of Debt, Bill of sale, that does not have any info about me or my account on it, Now they sent a credit card agreement and you can even read it and it is dated 1999, account was open in 1994, I they have 3 differnt account numbers on there claims and affidavit, I disputed that, they sent me another affidavit saying all the accounts are for the same account, But it does not state anything about me or my account on that affidavit |
It appears your case is a bit different. What proofs did you request from the plaintiff???? You should ask for the complete accounting of your account since the day it was opened....you can dispute the amount. You can challenge the evidence as hearsay since it appears none of their proofs was from the original creditor. Again, I am not sure if your case is clear cut and dry. You should consult maybe free legal advise from your local court house. That's what I did. That was the reason on my request for documents I specifically demanded what proofs I wanted, knowing that the plaintiff can't produce them. Just imagine all the troubles they need to go through to get a "complete accounting" of your debts from the day the account was opened.
Most of the items I request in Discovery, they did not answer or
Most of the items I request in Discovery, they did not answer or provide paper work,
for example, I asked for Complete payment history, I get 6 statements, I asked if they was licensed to collect debt in my state they answered they are not a debt collector and do not collect debt, I asked for complete break down in the balance owned, I get nothing, I asked for signed loan agreement or credit app, they said it was destoryed and send me a credit agreement you cant even read and is dated 1999, there saying account was open in 95, I asked if I had a business relationship with them, they answered they are a assignee,