Answer to my discovery

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 <<<<
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

I checked all my credit card statements from them, they all have the same account number exp one

Interesting. Google 'Vicki Kyle Bank of America' and you will see she has a LinkedIn profile. As did my alleged affiant (a different person). Maybe these people are legit and really did sign the affidavits, but I can't help but wonder if CACH is getting their names off the internet. Also, are the signatures illegible? The ones in my case are.

its hard to read, But I can see a V and a K, on my affidavit they do have my #ss right, But the account number they say I opened its not the Original opening Account number, I Question this to them and they sent me another affidavit explaining when a account is tranfered or charged off the account number can change, so the 3 differnt account numbers they have given me are all for the same acccount, the 2nd affidavit does not have my name or any info about me or my account on it, there also claiming I opened the account in 95 with bank of america, the Account itself was opened with Fleet bank in 1994, then BOA purchased fleet and it charged over I am guessing in 95, I am looking over the statements they sent me and even the account Number stayed the same when it witched over from feet bank to bank of america

on my Interrogatories they basically skipped around my Questions, when I asked for a complete break down, they replied defendant is directed to doc hereto, which is the same 5 credit statements they sent me before, when I asked for proof I entered into any agreement they replied with a credit card agreement you cant even read with no info of me and my account on it and a date of 1999, there saying account was open in 1995, I requested a bill of sale they sent me a bill of sale with no info of me or my account on it, I asked for a signed agreement or a Credit App, they said it was destroyed

You can check if it's a valid notary with the NC Secretary of State. And, is the notary's name Bernadette Polux rather than Bemadette? In my case it is a valid notary, but I still suspect the affidavit is a forgery.

My Affidavit says Bemadette J Polux, Even if the affidavit is Legit, this person was never there to see me open or sign on this account, you can even say you have No Business Relationship with the Plaintiff (lack of standing) They will have to provide a contract of sale (also known as an "assignment") that mentions your debt specifically, in my Case I have yet to see anything close to that, only a Bill of sale with nothing of my name or account on it and a card agreeement with nothing of me or my account on it and its dated 1999 there saying my account opened in 1995, I challenge there right to sue

sjd What happens at the Management Conf ?????

I have to go back in a couple of weeks, so that the court can decide on my motion to dismiss. They will also be considering whether or not to grant the plaintiffs request for a summary judgement based on a National Arbitration Forum award. These awards are not valid without being accompanied by a signed agreement (signed by both parties.) The attorney for the plaintiff claims that a copy of the agreement is on the way, but it's been 2.5 weeks since the last pre-trial, and I haven't got anything yet. Even if they do get an agreement, I will object to it as fraudulent and obtained under false premises. Due to a recent lawsuit against them by the Minnesota Attorney General, NAF decided to stop arbitrating credit card disputes. Apparently they are owned by the same company that owns Mann Bracken, Wolpoff and Abramson, and other debt collectors. They claimed to be a neutral, non-biased arbitrator, but really weren't. As of yet, the CA has yet to provide a single document from the original creditor. They have been wasting my time for the past 13 months, and I am getting more annoyed by the day. This next pre-trial will be the third time I have to go to court. I will keep fighting, because these people are horrible, and can't continue to get away with trying to intimidate and mislead people. I am not sure how to prove this, but I think that they have actually purchased the debt, and are collecting it for themselves, and not representing FIA card services, like they claim. The head attorney for the CA has signed an affidavit, under penalty and pains of perjury, that he is representing FIA. It would be great to catch him in an act of perjury. I have thought of calling FIA to verify this, but everything I have read about them suggests that they are not very nice to deal with.

What should I be ready for at the Managment Conf ???????, Should I state my Defense's and disputes

When I went to my case management conference, it was very brief. The judge asked the plaintiff's attorney and me if we had had a chance to speak to each other, and we said no. He set a pre-trial date, and that was pretty much it. The plaintiff's attorney did not bring any documents to court. When we were leaving, she told me that "we usually order the documents after an answer is filed." She then asked me if I wanted to settle, and I said no. I did notice that alot of the attornies were calling the defendants out into the hall before they went up before the judge; I assume this was to discuss settlements. It's probably better to decide before you go if you want to settle or not, that way they can't intimidate you into making a decision you'll regret. Also, the burden is on them to prove you owe the money, not for you to prove that you don't. They sued you, not the other way around.

Thanks sjd, I have no job and no Income right now and I will not settle even if I had the money, They have not produce documentation sufficient to establish that they own the alleged debt or have the right to collect from me on it, I sent them a second set of Questions from the Answers they provided me from my first set

they are trying to claim, most likely, that they are a debt buyer and as such not a debt collector. Has anyone thought of the most obvious thing here? Call them, and record the call. now, I know what some of you are saying--"we need to tell them if we record in our state", right? While that may be true, I have yet to hear about a debt collector that doesnt start their phone calls off with a prerecorded message saying "this communication is with a debt collector and any information obtained will be used for that purpose". If you get THAT on tape, and then hang up, you have NOT violated ANY law because you did not record a live person without consent. and if you play it for the judge, CACH will look like a bunch of complete morons in court trying to say "hey, we're not debt collectors".

Then again, you could always bring up their website--collectamerica dot com---it talks about recovering delinquent accounts and proclaims them to be "at the forefront of the debt purchasing and collection industry", and thats on the main page!! how could they not be in debt collection if they are, by their own words, "at the forefront of the debt collection industry"?

Thanks for the help Skydivr, There saying there not a debt collector and dont collect Debt and they are a signee on the account, yet right on there 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

These people will do or say anything to get money, including lying. They are really pathetic. It's great that there are websites like this that help people fight back. There is a ton of great info on the internet in general, regarding case law, debt collectors, etc. That's how I found out about the National Arbitration Forum exiting the credit card business. I know they are not arbitrating any new cases. Does anyone know what their status is regarding old cases, or how the courts are treating arbitration awards from them?

I agree this web site has helped me alot I was able to answer my summons, answer there Discovery and also send my own discovery on my own thanks to the members on here

If a creditor has an arbitration award from NAF against you, you should fight agaisnt it using the info recently disclosed about them by the MN AG, how they are not impartial, but are a debt collecting arm of the creditors.

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:
[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]

SJD was your Count date today????

SJD how did your case go????

I decided to settle. They were able to produce an agreement with my signature on it. I can't afford a judgement on my credit, and can't spend any more time dealing with this. I have everything in writing, so hopefully they won't try anything funny. Best of luck.