Please help, I'm being sued by CACH, LLC for $1806.97
Date: Tue, 01/05/2010 - 18:41
Well, you may need to take time in arranging your ducks in the r
Well, you may need to take time in arranging your ducks in the row since they already have theirs.
Have you or have you not opened this account with HSBC?
If you are sued over a wrong debt then there may be a way out for you, otherwise you may need to come to an agreement with CACH to pay off the debt and avoid being at the court.
You may check out the following link for more information.
"http://www.nedap.org/hotline/court.html"
Hope it helps.
gizzle, what state do you live in? Which CACH Attorney is it? Th
gizzle, what state do you live in? Which CACH Attorney is it? They have them all over the US.
Research the affiant and the notary. Find out if they are legi
Research the affiant and the notary. Find out if they are legitimate. You might want to post their names here. I suspect CACH fabricates these affidavits, and anything we can uncover to prove that will help.
I live in FL and the attorney is Harold E. Scherr, Esq. and Alex
I live in FL and the attorney is Harold E. Scherr, Esq. and Alex McClure, Esq. out of Lake Mary, FL. I also want to note that I called the clerk of courts today and the mediation date/time is legit.
Something i just noticed on the bill of sale is that it states t
Something i just noticed on the bill of sale is that it states the following, HSBC "SELLER", for value recv'd and pursuant to the T&C's of the Receivables Purchase Agreement dated January 3, 2008 beetween Seller and CACH, a limited liability company "PURCHASER" does hereby sell, assign and convey to purchaser, its successor ans assigns, all right, title and interest od Seller in and those certain purchased recvbls listed on the Sale file attached as EXHIBIT A(which is the T & C's of the card that was attached)...executed 7/31/2008. It doesn't specifically state that it sold my account ..my acct# isn't listed, neither my name or anything else. Don't know if I caught onto something here??? Also the
Ohion, the affidavit was signed by Stuart Austin (AVP-BAD DEBT S
Ohion, the affidavit was signed by Stuart Austin (AVP-BAD DEBT SALES MGR) and notarized by Jackie Wyatt(state of Nevada, county of Clark, appt#07-4102-1).
And yes, I did open a HSBC acct sometime in '07. Paying child su
And yes, I did open a HSBC acct sometime in '07. Paying child support and keeping a roof over me is #1 priority and I'm still scraping by. I just can't afford a minimum and am hoping there is some loophole I can present at the mediation or anything to postpone or at least dismiss the case. I want to take responsibilty for this but it's just been difficult
Quote:Originally Posted by gizzleOhion, the affidavit was signed
Quote:
Originally Posted by gizzle Ohion, the affidavit was signed by Stuart Austin (AVP-BAD DEBT SALES MGR) and notarized by Jackie Wyatt(state of Nevada, county of Clark, appt#07-4102-1). |
you can file a response that you want both of these people to show up as material witnesses to prove the affidavit.most likely they won't show,and you can have the affidavit throw out as hearsay.
OK, I just Googled Stuart Austin HSBC and find that he has a Lin
OK, I just Googled Stuart Austin HSBC and find that he has a LinkedIn profile. As does the affiant (for a different OC) in my case. As does another affiant identified by another poster here being sued by CACH.
This makes me suspicious that CACH may be faking these affidavits by using names of people they can find on the Internet. Check with the state of Nevada to see if the notary is legitimate, and if you can, find out the notary's address. Does she work at HSBC? Is HSBC's office in Clark County, NV?
Research everything you can about these two people.
And, are the signatures legible? In my case, both the signatures were illegible and could have been easlily forged.
Another find from Google: http://www.debt-consolidation-credit
Another find from Google:
http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=290527&page=2
This thread on another forum. The poster was sued by another JDB, Portfolio Recovery, for a HSBC account, with an affidavit from Stuart Austin. When the poster challenged this, the JDB dismissed the case. Fight back, insist that the affiant testify in court.
Here's another thought: exercise the arbitration clause which u
Here's another thought: exercise the arbitration clause which undoubtedly exists in the HSBC cardmember agreement. Read up on arbitration at creditinfocenter - dot -com legal forum. It's a powerful weapon now, after the demise of the NAF scam. Arbitration bars their right to litigate.
Call up the plaintiff and see if they are willing to do a stipul
Call up the plaintiff and see if they are willing to do a stipulated payment arrangement. As long as you work it out and pay them you wont get sued.
Quote:Originally Posted by AnonymousHere's another thought: exer
Quote:
Originally Posted by Anonymous Here's another thought: exercise the arbitration clause which undoubtedly exists in the HSBC cardmember agreement. Read up on arbitration at creditinfocenter - dot -com legal forum. It's a powerful weapon now, after the demise of the NAF scam. Arbitration bars their right to litigate. |
Quote:
Originally Posted by Anonymous Call up the plaintiff and see if they are willing to do a stipulated payment arrangement. As long as you work it out and pay them you wont get sued. |
Say what??? Under the circumstances, I'd see them in court, or I'd see them in hell. Either way, I'd make them eat those bogus affidavits.
Quote:Originally Posted by paulmergelyou can file a response tha
Quote:
Originally Posted by paulmergel you can file a response that you want both of these people to show up as material witnesses to prove the affidavit.most likely they won't show,and you can have the affidavit throw out as hearsay. |
How & to whom do I file the response?
Quote:Originally Posted by AnonymousHow & to whom do I file the
Quote:
Originally Posted by Anonymous How & to whom do I file the response? |
with your court clerk.if you already responded to the summons tell the clerk you want to add that motion.if you haven't responded yet.ask them for the necessary forms to file that motion.