I have being sued by Mann Bracken in May 2009 for an amount I don't owe to Discover Bank.
I already have posted at this time : "Mann Bracken summons".
I have finally sent discovery on October 6, 2009 to Discover Bank, counsel Mann Bracken, Boca Raton.
They received my Interrogatories, requests for admissions and requests for production on October 9, 2009 they denied part of it.
They responded to most of it on November 13, 2009 :
. "objection for being outside the scope of this litigation and not the responsibility of the plaintiff to respond to the request and therefore denied"
They answered the requests for production,
"will be provided when received"
but most of it
" objection as overbroad, unduly burdensome, made only with the intent to harass and raise the cost of litigation, with any changes provided to Defendant as they have been made, and apparently defendant has in his position and is referencing to it in his request. Without waiving the objections, the credit agreement and billing statements will be provided when received".
My question was:
" any and all amendments to the agreement referenced in Plaintiff's complaint for the account that is in dispute that state any changes to the terms of the original agreement, credit limit or amount financed, schedule of interest rate (s) and calculation thereof, late fees, grace period, terms of repayment, right to arbitration.
Now I received a collection letter from Erskine & Fleischer, dated January 23, 2010 for the same debt.
Yesterday I received copies of statements, they look different from the copies, I remember, from Erskine & Fleisher submitted to the court, undersigned as the new counsel.
The first statement is stamped : received July 2009. This means that somebody must have had these statements since this time and didn't deliver it to the court.
1. Can I deny the admission of these copies of statements in court?
I gave them 30 days to produce. Now it's more than 100 days.
I don't owe the amount which they say I owe. They applied more than $10,000 dollars bogus charges to my account. 1000s of $s for payment protector.
They even applied the payment protector, charges around $200 per month, when they already had closed the account.
I told Discover that I was in a hardship because my company had a contract with the government and was not paid.
They should have allowed me to use the payment protector, what they didn't.
The Discover payment protector includes debt suspension and debt cancellation benefits.
Instead of giving me the opportunity, the debt collectors called me and harassed me and my family.
2. Do Erskine & Fleisher have the right to take over this ongoing litigation?
They didn't produce a credit card agreement, credit application, bearing my signature, nor the card agreement which would give me the right to arbitration.
This means they had more than 100 days time to produce and they didn't.
I have to file some motions tomorrow. I really want to end this.
The judge shouldn't allow the copies of statements as evidence. I would like to file a motion to compel.
Can anybody help me please.
Does anybody have an idea if these kind of debts are normally sold or assigned?