transfer of a reatil account to Citi bank-can I have the CA provide the assigment from the primary issuer I.E Sears to Citi Bank ?
Date: Wed, 01/19/2011 - 16:07
this is the story I opened an account with Sears way back in 1999. In 2004 or 2005.. Sears sold the account to citi Bank. Things happened to me in 2008 and the account when to collection and with LNVN with their SCAM sompanies (Not sure who owns the account first among them yet and this is the fight we are fighting and the trial is in March).
My questions is can I ask the Lawyer representing LNVN to present the assignment from Sears to Citi as well as part of the assigmnet process beacuse citi is the one that sold the account thought the Bill of sale form the CA is still failed to clearly mention the account sold to them (No name, no account number nothing to tie to the account).
I'm planing a though fight which may resuklt in loss of win. I did not receive any contract or original agreement when the account was first opened with sears.
Besides the account was a Sears gold master card but the CA sent statements from 2008 to 2009 with Sears Mastercard as trade mark and all purchases match what I have. Can the usage of the false card trade mark on the statements be a legal battle ground?
I do not have money to get a lawyer. I'm all on my own. Any Idea and help on how to tackle these sharks blod suckers would be great.
No matter what happens at the trial I will lear from that and post here for folks so they know how t deal more with LNVN.
You can ask the lawyer representing LVNV collection agency to sh
You can ask the lawyer representing LVNV collection agency to show you the documents. You should also ask them to validate the debt first. This will help you know whether or not they really own the account. The CA is required to provide you a copy of the original agreement made between you and your creditor. If they can prove that they really owe the debt, then I think it would be better to settle the debt out of court. This will help you save the legal fees. If they can validate the debt, then send a cease and desist letter to them and ask them to not contact you again.
The party who files the suit must be the holder of the account.
The party who files the suit must be the holder of the account. Make whoever it is that sued you give proof of ownership of the account and supply all information needed to prove the debt. Stay on top of them so they don't try to push something through they are not entitled to. If they present the claim as owed to Citibank then Citibank needs to be a part of the suit. They cannot get a claim for something you allegely owe Citibank and that they are then trying to collect. It's easy for them to say they bought the debt. Proving it is another matter.
EVEN IF THEY OWN THE DEBT, that doesn't entitle them to payment and I wouldn't cave and give it to them. Let them supply all the information, for example the SIGNED contract, not a copy of one like it, but the copy as well as all the charge slips that you signed for. There is much they have to prove and until they do I wouldn't agree to give them a dime.
