Author Topic: Sued by Cach LLC, please help critique my answer  (Read 7578 times)

0 Members and 1 Guest are viewing this topic.

Bubbles

  • Valued Member
  • Posts: 1239
Re: Sued by Cach LLC, please help critique my answer
« Reply #135 on: June 04, 2017 09:01:39 PM »
The comment was more about procedural than substantive issues.

Who forced you? You want to borrow the bank's money, you do it on their terms, not yours. Tell you what.............lend me a grand and let me write the agreement. Would you do it?

Bruno the JDB Killer

  • BANNED
  • Posts: 14304
Re: Sued by Cach LLC, please help critique my answer
« Reply #136 on: June 05, 2017 01:36:07 PM »
You said contracts of adhesion are unconscionable and that you would have to be forced to make such an agreement. Nobody ever forced anybody to have a credit card.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Bubbles

  • Valued Member
  • Posts: 1239
Re: Sued by Cach LLC, please help critique my answer
« Reply #137 on: June 05, 2017 07:57:39 PM »
Huhn?

Bruno the JDB Killer

  • BANNED
  • Posts: 14304
Re: Sued by Cach LLC, please help critique my answer
« Reply #138 on: June 06, 2017 01:37:33 PM »
What, you can't read your own post? I quoted you. Show me a court case where any judge ruled a credit card agreement to be unconscionable, and not that nut Noah Deer or whatever his name is; the crazy judge from NY.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Bubbles

  • Valued Member
  • Posts: 1239
Re: Sued by Cach LLC, please help critique my answer
« Reply #139 on: June 06, 2017 05:12:22 PM »
Is somebody feeling triggered this morning?

Bruno the JDB Killer

  • BANNED
  • Posts: 14304
Re: Sued by Cach LLC, please help critique my answer
« Reply #140 on: June 06, 2017 08:32:30 PM »
Who, me? Perish the thought.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

laradee

  • Valued Member
  • Posts: 45
Re: Update - Sued by Cach LLC,
« Reply #141 on: July 13, 2017 03:36:19 AM »
I'm back for an update on my case with CACH LLC,

The other day I receive a notice from the attorney that represent CACH. It states " NOTICE TO SET BY TELEPHONE". The plaintiff's counsel will call the clerks division to set for a trial to the court. ( July 12, 2017 at 2:30 pm which will last about 2 hours ) I was notified that I may appear at the trial date setting if I desire.  If I wasn't present I will be called on or about the same time specified. I was working so I didn't appear but my husband was at home the whole time waiting if they would call the phone at home but never did. So, I guess will just be waiting for the notification to come in the mail when will be the date of trial.

By the way. Me and my husband are the Defendants in the lawsuit.

Aside from the "Notice to set by Telephone" that I got. They also included a document that states "PLAINTIFF"S RULE 316 DISCLOSURES".

I am not sure if it is okay to post it here on what is in the disclosure. But I also got a "DEFENDANTS' RULE 316 DISCLOSURES" sent by the plaintiff's attorney. Which states:

DO NOT FILE YOUR DISCLOSURE STATEMENTWITH THE COURT UNLESS TOLD BY THE COURT TO DO SO.

PART I. THIS PART IS TO BE CPMPLETED BY THE PARTY WHO SENDS THIS FORM.

       This form is sent to you by: Attorneys for plaintiff
                                               ( address xxxxxxx )

PART II. THIS FORM MUST BE COMPLETED BY THE PARTY(S) WHO RECEIVE THIS FORM. PRINT OR TYPE YOUR ANSWER.
             WARNING: YOU MUST COMPLETE THIS PART, SIGN AND SEND A COPY WITH COPIES OF THE DOCUMMENTS AND
              PICTURES TO THE ATTORNEY SHOWN IN PART I WITHIN 21 DAYS (21) BUT NO LESS THAN SEVEN (7) DAYS BEFORE
             TRIAL DATE. IF YOU DO NOT SEND IT YOU MAY NOT BE ALLOWED TO CALL WITNESSES OR USE EXHIBITS AT TRIAL.

 A. Give the name, address, telephone and brief description of the testimony of each witnesses you intend to call at the trial.



B. List every document, picture of item you may use at the trial. Describe and attach a photocopy of each document or picture listed to the copy sent to the person in Part I.

1. ____________
2. ____________
3. ____________

C. State any facts, which you believe, should be stipulated to by the other side.



So should I answer this " Defendant's Disclosure". If so, how do I answer it? I do not have any person to be my witness. Nor any document I could use at the trial.

The Plaintiff's attorney sent me copies of document as their Exhibit which they will use during the trial. They sent me a copy of the following:

 1. Affidavit -  signed by the "custodian" of records of CACH LLC
 2. Affidavit of assignment  signed by the name Angela Tucker who said that she was an employee of Capital One.
 3. Bill of Sale from Capital One to CACH LLC.

One thing I noticed from Capital One's "Affidavit of Assignment"  is that my husband's name is the only name that appeared on it as Customer's name with his HSBC ( Best Buy ) Account number. Even on the copies of Best Buy Reward Zone statement of account my name never appeared on any of these documents. But CACH LLC included me in the lawsuit. Is this a violation then?

I thought of taking this to private arbitration HSBC Nevada NA had the arb clause but the Capital One bought it and they don't have the arb clause anymore. I don't know what other options I have but have this case stay in court. I don't know what else to do.

I would appreciate your reply. Thank you.

Bruno the JDB Killer

  • BANNED
  • Posts: 14304
Re: Sued by Cach LLC, please help critique my answer
« Reply #142 on: July 13, 2017 12:19:22 PM »
Colorado is not a community property state, so I have no idea why they would include you unless you co-signed the application. You might want to file a motion to dismiss based upon improper party in interest. Since this is CACH, I would file for arbitration under the original contract. The more roadbloacks you throw in front of a JDB, the less likely they are to pursue you.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

laradee

  • Valued Member
  • Posts: 45
Re: Sued by Cach LLC, please help critique my answer
« Reply #143 on: August 10, 2017 06:24:19 AM »
Colorado is not a community property state, so I have no idea why they would include you unless you co-signed the application. You might want to file a motion to dismiss based upon improper party in interest. Since this is CACH, I would file for arbitration under the original contract. The more roadbloacks you throw in front of a JDB, the less likely they are to pursue you.

laradee

  • Valued Member
  • Posts: 45
Re: Sued by Cach LLC, Notice of Arbitration Election
« Reply #144 on: August 10, 2017 06:35:53 AM »
I am sending this notice of Arbitration Election to the lawyers representing Cach. Will this be good enough. I am using the Arbitration Clause of  HSBC Bank Nevada N.A. Cardholder Agreement of 2008.


NOTICE OF ARBITRATION ELECTION

Pursuant to HSBC Bank Nevada, N.A. Cardholder agreement, We, John Doe and Jane Doe, ELECT arbitration with American Arbitration Association (AAA) to resolve all our disputes.

As per cardholder agreement, “This arbitration provision shall apply to any Claim by or against us or you …shall be resolved, upon the election of you, or us, by binding arbitration pursuant to this arbitration provision and the applicable rules or procedures of the arbitration administrator selected at the time the Claim is filed.

The provision of the agreement further states that… “The parties acknowledge that they have the right to litigate Claims through a court before a judge or jury, but will not have the right if either party elects arbitration. The parties hereby knowingly and voluntarily waive their rights to litigate such Claims in a court before a judge or jury upon election of arbitration by either party.”


As of this notice you must dismiss or stay any and all actions in regard to the alleged debt pending the result of Arbitration.



Thanks for all you help.