Author Topic: Question regarding CA's violation of the FDCPA no-call request  (Read 1446 times)

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CleaningUp

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Re: Question regarding CA's violation of the FDCPA no-call request
« Reply #15 on: March 07, 2012 07:27:51 PM »
Look at all the civil cases involving "business records" and "hearsay".

My search for "hearsay business records"  using Google Scholars's legal search function returned 35000 hits.

Do the search, and start reading.  Report back when you're finished the list with your conclusions.


Midas10k

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Re: Question regarding CA's violation of the FDCPA no-call request
« Reply #16 on: March 07, 2012 09:04:28 PM »
I did several types of searches on the Federal and Colorado level.

It looks like it's commonly accepted as a rule of evidence that in order for credit card statements presented by an assignee to be admissable if objected to is:

1) they have to be signed originals or

2) any sworn affiant must be from the OC and who has personal knowledge of the record keeping practices

Am I missing anything?

KFMAN

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Re: Question regarding CA's violation of the FDCPA no-call request
« Reply #17 on: March 07, 2012 10:45:59 PM »
I did several types of searches on the Federal and Colorado level.

It looks like it's commonly accepted as a rule of evidence that in order for credit card statements presented by an assignee to be admissable if objected to is:

1) they have to be signed originals or

2) any sworn affiant must be from the OC and who has personal knowledge of the record keeping practices

Am I missing anything?
See #10 and #11

READ #10 link SLOWLY

Midas10k

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Re: Question regarding CA's violation of the FDCPA no-call request
« Reply #18 on: March 07, 2012 10:58:01 PM »
I have read #10 several times.

In my situation the JDB, in addition to the Bill of Sale that shows the basic information, the JDB also has copies the alleged credit card account statements for a few months leading up to when it was declared in default. 

Where would this information have come from if it didn't come from the loan pool the plaintiff bought?

It looks like the plaintiff was the second JDB in the chain, as they have the Bill of Sale from the OC to JDB1.

Is there anything in #10 that attacks that set of documentation other than that the copies of the account statement are copies and therefore "hearsay?"

KFMAN

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Re: Question regarding CA's violation of the FDCPA no-call request
« Reply #19 on: March 07, 2012 11:24:01 PM »
I have read #10 several times.

In my situation the JDB, in addition to the Bill of Sale that shows the basic information, the JDB also has copies the alleged credit card account statements for a few months leading up to when it was declared in default. 

Where would this information have come from if it didn't come from the loan pool the plaintiff bought?

It looks like the plaintiff was the second JDB in the chain, as they have the Bill of Sale from the OC to JDB1.

Is there anything in #10 that attacks that set of documentation other than that the copies of the account statement are copies and therefore "hearsay?"
I think we have a BINGO!  Hearsay isn't allowed in court when challenged, so they have no proof.

They bought a piece of paper and that is it, as long as YOU make them bring in a Witness from the OC to testify to the ALLEGED amount, ALLEGED account and everything about this issue.  If you want my opinion, they are committing Fraud since they can't prove anything.
« Last Edit: March 07, 2012 11:51:02 PM by KFMAN »

KFMAN

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Re: Question regarding CA's violation of the FDCPA no-call request
« Reply #20 on: March 07, 2012 11:29:16 PM »

KFMAN

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Re: Question regarding CA's violation of the FDCPA no-call request
« Reply #21 on: March 08, 2012 12:36:19 AM »
THROWING YOUR CREDITOR OUT OF COURT

http://www.debtorboards.com/index.php?topic=10197.0

Do you have FDCPA violations against them?

Midas10k

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Re: Question regarding CA's violation of the FDCPA no-call request
« Reply #22 on: March 08, 2012 03:03:23 PM »
I have a no-call violation against them that I can document.

Here's the potential problem with invoking arbitration:  I don't have the original contract.  The CA sent me copies of the front page of the alleged invoice plus just one page showing payment terms from the contract.  I don't know if there's an arbitration clause in this contract.

The alleged account is a Chase account issued in 2008.  I saw the copies of standard Chase contracts posted on this site but is it safe to assume that all Chase accounts had the standard language?

Thoughts?

Fighting Irish

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Re: Question regarding CA's violation of the FDCPA no-call request
« Reply #23 on: March 08, 2012 03:28:58 PM »
Are you planning to roll over and die?

Or are you actually thinking through the information that you are learning?

Business records are NOT evidence, if you challenge them. Period.

Where do YOU think they got those things that look like statements?

Personally, my assumption, unless proven otherwise by a keeper of records at the trial that I could question, is that they printed them out on the copy machine in the attorney's office.

If they don't have a keeper of records from the OC at the trial, how can they prove that the things that look like statements are, in fact, statements?

Rule one in being your own attorney: never assume.

Rule two: never take the other side's word for anything, unless they can prove it. A stack of papers is not proof.

As for the contract: this is a JDB. Do THEY have the original contract?

No.

This puts you in the admirable position of finding a contract that was in force during the time that you had an account with the OC, and claiming, via affidavit, that you accept it as governing the proceedings.

Again, how can they challenge that, unless they bring to the trial a keeper of records from the OC who can and will testify that some other contract is the right one.

Never assume. Never accept their assertions as fact.
Dang it, Jim! I'm a nurse, not an attorney!

(The rest of you, keep that in mind, too.)

KFMAN

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Re: Question regarding CA's violation of the FDCPA no-call request
« Reply #24 on: March 08, 2012 06:54:17 PM »
I have a no-call violation against them that I can document.

Here's the potential problem with invoking arbitration:  I don't have the original contract.  The CA sent me copies of the front page of the alleged invoice plus just one page showing payment terms from the contract.  I don't know if there's an arbitration clause in this contract.

The alleged account is a Chase account issued in 2008.  I saw the copies of standard Chase contracts posted on this site but is it safe to assume that all Chase accounts had the standard language?

Thoughts?
You go to the Arbitration section and find a contract.

 

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