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Burton Neil

Date: Fri, 01/15/2010 - 08:17
Submitted by on Fri, 01/15/2010 - 08:17
Posts: 202330
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Served a complaint and have 20 days to respond to the filing by Burton Neil. Live in Pa. and it is in regards to a Citibank CC. Called Burton Neil asked to settle- they want 100%, plus 6% interest over 2 year payment plan and want to get the judgement and keep it until total repayment. I want to respond to complaint and plan to state "I can neither confirm nor deny without validation. The complaint includes a VERIFICATION document not a VALIDATION document by a person claiming to be a Citibank Credit Services employee named Mary E. Crum. The account statement appears to be a internally created statement 2 pages dated 7/08. Citibank has chargedofff the account. I sent a validation letter in response to hte dunning letter and received from Burton Neil the 2 page statement referenced above back in July 09. Has anyone dealt with Burton Neiland had a similar experience. Thanks in advance.


How does this get on a thread- new to forumQuote:

Originally Posted by Anonymous
Served a complaint and have 20 days to respond to the filing by Burton Neil. Live in Pa. and it is in regards to a Citibank CC. Called Burton Neil asked to settle- they want 100%, plus 6% interest over 2 year payment plan and want to get the judgement and keep it until total repayment. I want to respond to complaint and plan to state "I can neither confirm nor deny without validation. The complaint includes a VERIFICATION document not a VALIDATION document by a person claiming to be a Citibank Credit Services employee named Mary E. Crum. The account statement appears to be a internally created statement 2 pages dated 7/08. Citibank has chargedofff the account. I sent a validation letter in response to hte dunning letter and received from Burton Neil the 2 page statement referenced above back in July 09. Has anyone dealt with Burton Neiland had a similar experience. Thanks in advance.


Submitted by on Fri, 01/15/2010 - 09:34

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Per poster 86 "If they did not include a signed contract, file a Motion to Dismiss because they did not include any agreement with the Complaint."

What is the agreement that should have been included and where is this requirement found in the Fair Debt Collection Practices Act?

thank you


Submitted by on Wed, 01/20/2010 - 12:40

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The FDCPA has nothing to do with getting served a summons. I was suggesting a way to best case, have the Complaint dismissed or worst case, delay the process to give you more time. In some cases if it is a JDB they will see that you are not going to roll over and they will go somewhere else.


Submitted by on Thu, 01/21/2010 - 01:48

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Yes, if they sue you for not paying, then there should be some kind of agreement you signed when you applied for the card.

As for the filing, just copy the top part of the complaint that says so and so county court blah blah chase bank vs john doe and underneath just write Comes now John Doe the defendant appearing pro se in response to complaint. At this time because no contract or agreement was not included in the complaint the defendant respectfully asks the court for a Motion to Dismiss for lack of evidence.


Submitted by on Thu, 01/21/2010 - 15:24

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Did something very similar after stating for each paragraph "Can neither confirm nor deny without signed contract". Then stated"Wherefore defendant moves to dismiss with prejudice". Clerk looked it over said AOK,and sent certified RR amswer to plaintiff attorney. Willkeep everyone informed.


Submitted by on Fri, 01/22/2010 - 05:02

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