Author Topic: Please tell me I can still win!  (Read 4817 times)

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howucantoo

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Re: Please tell me I can still win!
« Reply #15 on: December 09, 2010 03:45:09 PM »
Keep that mail, I bet it is because congress is going to pass another privacy act  bill  " do not track list".

With all the data collected when you visit a web site you'll be amazed how much they will know about you.

 web masters collect your IP address which in return collects your web  browsing activities . This can be used for skip tracing 

and advertisement.

Always clear your cookies and browsing history after visiting a collectors site !
I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.

pro se active

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Re: Please tell me I can still win!
« Reply #16 on: December 09, 2010 10:29:18 PM »
Just got done talking to my attorney general office and they said to take affidavit to the county attorney and they would be able to tell if it was a forgery.  hmmmm .  They were not able to answer any other questions.  Like why Cach isn't allowed to collect in my state yet they can sue me. 
I am not an attorney.  I am just pro se active!

CleaningUp

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Re: Please tell me I can still win!
« Reply #17 on: December 09, 2010 10:40:01 PM »

Yea, but don't expect the local DA to do much about it, they are much more interested in spending their budget on violent crime.



nobk4me

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Re: Please tell me I can still win!
« Reply #18 on: December 09, 2010 10:57:22 PM »
pro se active:

What a surprise (not!).  Rachel Miller has a LinkedIn page:

http://www.linkedin.com/pub/rachel-miller/23/329/ab7

What did the signatures look like?  Were they legible, or were they scribbles anyone could make?

CACH uses a number of different alleged BofA affiants.  All I have seen mentioned on the various forums have LinkedIn pages.  They use different notaries too.  You can check the notary with the NC Secretary of State.

I was surprised CACH could provide an affidavit from the OC.  According to the Bud Hibbs site, OCs by virtue of their contracts with JDBs will not provide such assistance.  And I have two other former BofA accounts that also went to two different JDBs, and those JDBs have not produced anything like this.  Why would BofA provide an afffidavit for CACH and not for the other JDBs?   I have been able to scare off the other two JDBs with DV letters.  CACH is the one that sued me, and also is the one that shows the most contempt for the FDCPA.  (The arb strategy has worked well in staying the case.)

If anyone has a copy of the actual bill of sale of an account from BofA to CACH, could you post it here?
Molon labe

Judgment Proof!

howucantoo

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Re: Please tell me I can still win!
« Reply #19 on: December 09, 2010 11:51:50 PM »
I have one but it looks like attachment is disabled.
I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.

Sandy Lew

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Re: Please tell me I can still win!
« Reply #20 on: December 10, 2010 02:57:04 AM »
May not be relevant, but it certainly is interesting - the company changed their name to "Square Two Financial" in December 2009.  This is the history of one of the current executives from their website -

Brian Tuite serves as the Executive Vice President and Chief Business Development Officer for SquareTwo Financial and is responsible for all sales and acquisitions, as well as all of its operating subsidiaries.

Tuite comes to SquareTwo Financial from the Bank of America Credit Card division, where he served since Bank of America’s acquisition of MBNA as a Sales and Marketing executive in the Affinity Card and Latin America credit card businesses. Previously, Tuite spent 14 years with MBNA ultimately serving as their Senior Executive Vice President, Customer Marketing Director and Customer Segmentation Leader.
Don't accept any of my opinions as facts.  I'm just another dumb schmuck trying to figure it out!

nobk4me

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Re: Please tell me I can still win!
« Reply #21 on: December 11, 2010 08:50:16 PM »
These are the alleged OC BofA affiants that CACH has used (including those identified in this thread).  I have compiled these names from the various internet debt forums, and my own experience:

Brian Kilpartrick
Vicki Kyle
Debra Pellicciaro
Michelle Samsel
Dennis Maradei
Rachel Miller

For HSBC they have used Stuart Austin.

All of these people have LinkedIn pages.  Note the one for Michelle Samsel - domestic goddess at home.

What was unusual in my case, IMO, is that the account was charged off and sold to CACH in late summer 2008.  Yet the affidavit was dated July 2009, shortly before they sued me.  Why wasn't the affidavit prepared at the time of the sale of the account?
Molon labe

Judgment Proof!

howucantoo

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Re: Please tell me I can still win!
« Reply #22 on: December 11, 2010 11:09:51 PM »
Adding another  affiant's name for CACH LLC

Antoinette Leon 

I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.

sunstarr

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Re: Please tell me I can still win!
« Reply #23 on: December 14, 2010 04:49:16 AM »
So, what are my options are far as trying to win this case?  Do I file a Motion to Strike the affidavit's as hearsay?  And will that work?

kevinmanheim

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Re: Please tell me I can still win!
« Reply #24 on: December 14, 2010 05:48:06 AM »
Why not compel arbitration?

sunstarr

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Re: Please tell me I can still win!
« Reply #25 on: December 14, 2010 03:23:52 PM »
Why not compel arbitration?

How would I go about doing that?  And what results would that get me?

kevinmanheim

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Re: Please tell me I can still win!
« Reply #26 on: December 14, 2010 03:54:17 PM »
How would I go about doing that?  And what results would that get me?
Read the arbitration pages on this forum.

bluesmap

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Re: Please tell me I can still win!
« Reply #27 on: December 16, 2010 10:17:03 PM »
So, what are my options are far as trying to win this case?  Do I file a Motion to Strike the affidavit's as hearsay?  And will that work?

somethinig like this is my best guess.   what county you in?  look at your rules of civil procedure dealing with evidence and business records.  the affidavit would (probably) still need someone to testify so you can cross examine them.
i'd say without a bill of sale they have nothing. 

if it was me, and i had the time i'd file a motion to strike as hearsay, then follow up with a motion for summary judgment for lack of standing.  again, no idea where you are located and your rules there as that is somewhat important before filing summary judgment motion.  if THEY file a motion first, file a cross motion and attack their standing to sue.

the most important task is to determine what your overall strategy is:
do you want to attack everything they throw at you now?
do you want to wait  until trial and then say "aha!  they have not proven their case or proven that they have standing!"
both options have their advantages but the point is you need some strategy in your lawsuit

sunstarr

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Re: Please tell me I can still win!
« Reply #28 on: December 17, 2010 01:12:09 AM »
somethinig like this is my best guess.   what county you in?  look at your rules of civil procedure dealing with evidence and business records.  the affidavit would (probably) still need someone to testify so you can cross examine them.
i'd say without a bill of sale they have nothing. 

if it was me, and i had the time i'd file a motion to strike as hearsay, then follow up with a motion for summary judgment for lack of standing.  again, no idea where you are located and your rules there as that is somewhat important before filing summary judgment motion.  if THEY file a motion first, file a cross motion and attack their standing to sue.

the most important task is to determine what your overall strategy is:
do you want to attack everything they throw at you now?
do you want to wait  until trial and then say "aha!  they have not proven their case or proven that they have standing!"
both options have their advantages but the point is you need some strategy in your lawsuit

Would it be better to compel arbitration?  What do you think my chances of winning would be if motion to strike as hearsay?

umsusan

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Re: Please tell me I can still win!
« Reply #29 on: May 02, 2012 08:55:22 PM »
 Do you have any signatures you could share on this Michelle Samsel? I am fighting BA for fraud
  :whackacow:
« Last Edit: May 02, 2012 09:25:54 PM by Admin3496 »

 

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