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Author Topic: SERVED BY CACH LLC. ... NOW WHAT?  (Read 21735 times)
IN DEBT HELL
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« on: August 23, 2009, 10:29:03 AM »

i AM BEING SERVED BY CACH LLC FOR THE SUM OF ALMOST 5000 FOR A CREDIT CARD I HAD IN 2006. i LOST MY JOB IN 2007 AND BY THE TIME I OBTAINED ANTHERONE THE NTEREST HAD ACCRED SO THAT I  KNEW I COULD NEVER CATCH UP WITH IT. I DO NOT ARGUE THAT I DID INCRUE THE CHARGES BY I KNOW I JUST CANT AFFORD TO PAY 5000. I HAVE BEEN CONTACTED BY OTHER LAWYERS ABOUT THIS SAME DEBT. WHAT DO I DO NOW. I CAN ONLY REASONABLY AFFORD TO PAY $50-$75 A MONTH BECAUSE I AM ALSO PAYING A STUDENT LOAN. I OFFERED THIS AMOUNT TO A PREVIOUS LAWYERS OFFICE WHO CONTACT ME(THE LAW OFFICES OF ALAN LASKIN) AND WAS TOLD IT WOULDNT EVEN MAKE A DENT IN THE INTEREST(WHICH KEEP ACCRUEING EVEN AFTER I SENT PAYMENT)  SO IT WAS A USELESS OFFER. NOW I HAVE TO GO TO COURT. I HAVE NEVER BEEN TO COURT OR IN ANY TYPE OF TROUBLE. I DONT KNOW WHAT TO EXPECT OR HOW TO PREPARE MYSELF AND IM TERRIFIED. THE AMOUNT OF THE CREDIT CARD WAS ONLY SOMETHING LIKE 3000 NOW ITS UP TO 5000!! WHAT IS GOING TO HAPPEN? CAN THEY TAKE MY CAR? I NEED IT TO GET TO WORK AND SCHOOL AND DOCTORS OFFICES. MOST OF MY INCOME GOES TOWARDS LIVING EXPESES, SCHOOL AND HEALTH CARE. I SHARE A HOME WITH A BOYFRIEND BUT HE DOES NOT CONTRIBUTE TO MY BILLS DUE TO THE FACT THA HE STAYS AND GOES. AM I REQUIRED BY LAW TO TAKE INCOME FROM HIM? IF THERE IS ANYONE WO COULD PUT INFORMATION INTO LAYMENSTERMS FOR ME... WHAT SHOULD I DO FIRST... WHAT STEPS CAN BE TAKN TO HELP ME AVOID THIS SCARY SITUATON. PLEASE HELP!!!
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« Reply #1 on: August 23, 2009, 03:17:43 PM »

Hi and welcome to the site. Im sorry you are getting sued but there are things you can do.

>WHAT IS GOING TO HAPPEN?
If you do nothing they will get a judgment against you. They will then use that judgment to attempt to garnish your wages and/or clean out your bank accounts. Thay cant do anything untill they have that judgement.

>CAN THEY TAKE MY CAR?
If the car is worth more than $2000 and you own it outright it is possible.

>I SHARE A HOME WITH A BOYFRIEND BUT HE DOES NOT CONTRIBUTE TO MY BILLS DUE TO THE FACT THA HE STAYS AND GOES.
Might be time for your boyfriend to step up or get out, but that is way beyond the scope of this board :-)

>I REQUIRED BY LAW TO TAKE INCOME FROM HIM?
I dont think so.


>WHAT SHOULD I DO FIRST... WHAT STEPS CAN BE TAKN TO HELP ME AVOID THIS SCARY SITUATON.
First thing is take a deep breath and relax. Worst thing is you declare bankruptcy and they go away. I dont think you will have to do that.

step 1 would be to post the main points of the complaint on the board. remove any identified info first. Than I, and people much smarter than I am can look at it and help. (I am the webmaster here, I am not a legal expert but I will get you started).

What did they sue you for? breach of contract etc? did they provide any proof or did they attach a generic credit card agreement to the summons?. If they did attach a generic credit card agreement does it have the right date on on it?

Within 20 days you will need to answer the summons. This is not that hard, you admit stuff you cant really cant  deny (like your name and address) and deny everything else with a statment like "Defendant denies each and every allegation contained in Paragraph "X"

You will also want to respond at the same time with affirmative defenses and counter claims but we will need more info to help you with them.  If they did not provide proper proof with the complaint you may also need to do a motion to dismiss.

Your next step is to post the summons and start reading though this site.



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IN DEBT HELL
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« Reply #2 on: August 23, 2009, 07:28:30 PM »

I will post as soon as it is recieved. I spoke to the woman whos bringing the papers and she will be here tomoro at 5pm. I dont have any bank accounts nor assets other then the vehicle which is a 1994 Honda Accord. Not even so much as a 401 K or life insurance. I owe other debts as well and all seem out of reach, but no one else has pursued me legally. I appreciate all of your help n this matter.
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IN DEBT HELL
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« Reply #3 on: August 24, 2009, 05:15:19 PM »

OK I recieved the paperwork today. Here goes.

Statement of Claim:

Comes now the defendent XXX, by and through its undesigned attorney, ad sues the defendant, XXX, herein and alleges the following:

General Allegations:
1. This is an action for damages that does not exceed $5000.00 exclusive of interest, court costs and attorneys fees.
2. The Plaintiff is a limited liability company with its principal place of buisness located at XXX.
3. The Defendant is a resident of XXX
4. The Defendant entered into an agreement with Bank of America, N.A. to obtain a credit card original acct number XXX reassigned to   XXX with fowarder account number XXX.
5. Commencing on or about XXX the defendant accepted the credit card services rendered by Bank of America and thereafter recieved the use, enjoyment and benefit of the services.

Count 1- Breach of Contract
The plaintiff realleges paragraphs 1-5 above and further states:
6. The defendant , by use of the creit card , accepted the terms and conditions  of the credit card holder agreement, a copy of which is attached.
7. The defendant caused various charges to be made through the use of said card.
8. The Defendant breached the agreement by failure to comply with the terms of agreement and defaulted on the monthly payments due on the bank of america account and the accunt was closed for failure to pay on XXX. The defendant expressly agreed that if the account went into default the remaining balance would be immeadiatly paid.
9. The plaintiff purchased the account from the original creditor, Bank of America for good and valuable consideration. The affadavit of Indebtness and Certificate of Assignment is attached hereto and incorporated by refrence. Further attached is the affadavit of sale.
10. The defendants acct. has a remaining balance of  XXX, exclusive of interest, court costs and attorneys fees.
11. The defendant expressly agreed to pay all of the plaintiffs costs of collection including reasonable attorneys feesincurred by the plaintiff . The plaintiff alleges that reasonable attorney fee in this matter would be a minimum of 750.00 and will seek award of such an amount in the event that a defalt judgemnt is entered against the defendant. In the event that this matter is contested, te plaintiff intends to seek additional attorneys fees based upon the hours spent, services rendered and other reasonable factors.
12. The plaintiff has complied with all conditions precedent to filling out of thi complaint.14. This is an attempt to collect a debt any information obtined will be used for that purpose.

              Wherefore , the Plaintiff demands judgement against the defendant, XXX in the sum of XXX, exclusive of court costs, prejudgement interest and reasonable attorneys fees.

Count 2 - AccountStated
The plaintiff realleges paragraph 1-14 above and further states that:
15. The defendant requested an account with XXX and the credit card holder agreemnt was sent to the defendant.
16. Before institution of this action , theplaintiff and defendant had buiness transactions between them and they agreed to the resulting balance.
17. The Plaintiff rendered statements to the Defendant and the defendant did not object to any of the statements.
18. The statements were recieved by the defendant and retained without objection being made thereto o any item thereof.
19. The Defendant has not paid the balance dueafter a reasonableperiod of time. The demand for payment was made upon the defendant, but the defendant refused to pay.
                       Wherefore, theplaintif demands judgement against he defendant XXX in the sum of XXX exclusive of court costs, prejudgement interest and reasonable attorneys fees.

Count 3- Open Account
The plaintiff realleges the allegations set forth in paragraphs 1-19 above as if fully seet forth herein.
20. The defendant owes the plaintiff the sum of XXX, exclusve of interst,that has been in due since XXX in accordance with the affadavit of indebtedness stated hereto and made a part hereof by reference.
21. The plaintiff has made demand for payment upon the defendant ,and the defendant has acknowledged  reciept of said demand.
22. The Defendant refuses to pay and continues to refuse to pay the outstanding sum due and owing.
                        Wherefore , the plaintiff demands judgement against the defendant XXX in the sum of XXX exclusive of court costs, prejudgement interest and reasoable attorney's fees.

Count 4: Money Lent
The plaintiff realleges paragraph 1-22 and further states that :
23. The defendant owes the plaintiff XXX that is due wth interest since XXX, for money lent by plaintiff to defednt at various times.
                          Wherefore, the plaintiff demands judgement against the defendant XXX in he sum of XXX exclusive of cout costs, prejudgement interest and reasonablre attorney fees.
                                                            Dated this day of XXX


 
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IN DEBT HELL
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« Reply #4 on: August 24, 2009, 05:46:44 PM »

The Following documents are attached:

AFFADAVIT OF INDEBTEDNESS AND CERTIFICATE OF ASSIGNMENT

STATE OF COLORADO
                bEFORE ME TH UNDERSIGNED AUTHORITY, THIS DAY PERSONALLY APPEARED,  AS AFFIANT, WHO AFTER DULY BEING SWORN , ACCORDING TO LAW, DEPOSES AND SAYS:

1. I AM THE AUTHORIZED AGENT FOR THE PLAINTIFFAND I AM FAMILIAR WITH THE BOOKS AND ACCOUNTS FOR THE PLAINTIFF. I HAVE PERSONAL KNOWLEDGE BASED ON  REVIEW OF THE RECORDS AS PROVIDED TO US BY THE ORIGINAL CREDITOR AND ACCORDING TO THE BOOKS AND RECORDS OF CACH LLC.
2. THE DFENDANT XXX CURRENTLY OWES A BALANCE IN THE AMOUNT OF XXX PLUS INTEREST THEREON AT A RATE OF 32.24 PER ANNUM FOR MONIES DUE UPON A BANK OF AMERICA CREDIT CARD, ORIGINAL ACCT NUMBER XXXWITH FOWARDER ACCT NUMBER XXX
3. THE BANK OF AMERICA  CREDIT CARD ACCOUNT WAS CHARGED OFF ON XXX AND WAS SOLD O CACH LLC FOR GOOD AND VALUABLE CONSIDERATION
4. THE ACCOUNT WAS SOLD WITH A PAST DUE BALANCE OF XXX , A BALANCE OF 150 WAS RECIEVED . THE REMAINING BALANCE OF XXX PLUS INTEREST IS OWED TO THE PLAINTIFF CACH LLC.
FURTHER AFFIANT SAYETH NAUGHT.


tHIS DOCUMENT IS FOLLOWED BY ANOTHER

AFFIDAVIT OF CLAIM AND CRTIFICATION OF DEBT

STATE OF NORTH CAROLINA

CITY OF GREENSBORO

BANK OF AMERICA N.A.
            ACCOUNTHOLDER XXX                                                      ACCOUNT NUMBER: XXX, XXX,
THE UNDERSIGNED , XXX, BEING DULY SWORN  STATES AND DEPOSES AS FOLLOWS:

1. THAT AFFIANT IS EMPLOYED BY BANK OF AMERICA NA SUCCESSOR IN INTEREST TO FLEET BANK, MBNA BANK, NA, NATONS BANK IN THE POSITION OF BK OFFICER AND IS DULY AUTHORIZED TO MAKE THIS AFFIDAVIT.

2. THAT THE ORIGINAL CONTRACT IN THIS MATTER HAS BEEN DESTROED OR IS NO LONGER ACCESSIBLE TO THE AFFIANT AND THAT THE AFFADAVIT IS TO BE TREATED AS THE ORIGINAL DOCUMENT FOR ALL PURPOSES. IF ANY ORIGINALS ARE DISCOVERED THEY WILL BE SUBMITTED TO THE COURT FOR REVIEW.

3.THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE BASED ON THE COMPUTERIZED AND HARD COPY BOOKS  AND RECORDS OF BANK OF AMERICA, WHICH ARE MAINTAINED IN THE ORDINARY COURSE OF BUISNESS , WITH THE ENTRIES IN THEM HAVING BEING MADE  AT OR NEAR THE TIME OF THE TRANSACTION BEING RECORDED.

4. THAT ACCOUNT NUMBER XXX, ALSO KNOWN AS XXX, ALSO KNOWN AS XXX WAS OPENED ON XXX BY XXX WHOSE SOCIAL SECURITY NUMBER IS XXX.

5. THAT THERE IS DUE AND PAYABLE FROM XXXAS OF XXX THE SUM OF XXX WITHSTANDING LEGALLY CHARGEBLE  POST CHARGE OFF INTEREST, PURSUIT TO THE TERMS OF THE CARD MEMBER AGREEMENT WITH BANK OF AMERICA

6. THAT SAID AGREEMENT AND ACCOUNT WAS ON XXX SOLD, TRANSFERRED ANDSET OVER UNTO CACH LLC WITH FULL AUTHORITYTO DO AND PERFORM ALL ACTS NESSASARY FOR COLLECTION, SETTLEMENT ,ADJUSTMENT COMPROMISE OR SATISFACTION OF THE SAID CLAIM.

7. THAT AS A RESULT OF THE SALE OF SAID ACCOUNT CACH LLC ANDOR ITS AUTHORIZED AGENT  HAS COMPLETE AUTORITY TO SETTLE, ADJUST, COMPRIMISE AND SATISFY SAME THAT BANK OF AMERICA HAD NO FURTHER INTEREST  IN THIS ACCOUN FOR ANY PURPOSE.

8. THAT TO THE BEST OF THE AFFIANTS KNOWLEDGE , INFORMATION AND BELIEF TERE WERE NO UNCREDITED PAYMENTS, JUST COUNTERCLAIMS OR OFFSETS AGAINST SAID DEBT WHEN SOLD.
FURTHER AFFIANT SAYETH NAUGHT.

...............................................THE NEXT DOCUMENT IS A GENERIC CREDIT CARD HOLDERS AGREEMENT THAT DOES NOT BEAR ANY OF MY INFORMATION OR SIGNATURE



I DONT UNDERSTAND ANY OF THIS JARGON AND HAVE NO CLUE WHAT I JUST TYPED. ALL I KNOW IS I NEED HELP. I DONT EVEN KNOW IF MY RIGHTS WERE VIOLATED BECASUE I DONT KNOW MY RIGHTS... ISNT THERE A STATUTE OF LIMITATIONS ON THIS SINCE ITS A CCHA AND NOT A SIGNED CONTRACT.. WHAT SHOULD I DO NOW.. PLEASE HELP.
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IN DEBT HELL
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« Reply #5 on: August 25, 2009, 04:33:37 PM »

I contacted the lawyer who is handling this case and made him an offer to pay 50 dollars a month under the stipulation that o further interest would accrue... he agreed then told me that i owed 7400 because they had tacked on legal fees to my principal and interest existing . i told him nevermind the payment plan that I would see them at the pretrial because if im going to pay for the court fees i might as well go to court and take my chances.......
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Fighting the Good Fight in FL
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« Reply #6 on: August 26, 2009, 11:04:34 AM »

Welcome IN DEBT HELL,

As was mentioned in an earlier post, the first thing you need to do is relax, calm down, take a deep breath and come to the understanding that panic will NOT help in this situation. Things are probably not as bad as they seem. It may seem like a lot of jargon that you don't understand in these legal proceedings but it can all be understood IF you are willing to commit the time and energy to learning about what is going on. You can learn all you need to know from this site and www.debtorboards.com.

Let's answer a few questions first:

1. What county are you in?

2. When do you need to reply to the summons? (There should be a place on the summons where it says how many days you have to answer;usually 20 in Florida.)

3. Are there any other attachments to the summons than the 2 affidavits and the generic credit card agreement?
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« Reply #7 on: August 26, 2009, 12:16:25 PM »

"2. THAT THE ORIGINAL CONTRACT IN THIS MATTER HAS BEEN DESTROED OR IS NO LONGER ACCESSIBLE TO THE AFFIANT AND THAT THE AFFADAVIT IS TO BE TREATED AS THE ORIGINAL DOCUMENT FOR ALL PURPOSES. IF ANY ORIGINALS ARE DISCOVERED THEY WILL BE SUBMITTED TO THE COURT FOR REVIEW."

RMFAO

Let me see if I can translate this legal jargon for you:

"We lost all the original paperwork for this debt but if we find anything we will let you know. Please take my word for it. She really owes us money"


Im really hoping smarter ppl than me will pop in but I am going to take my best guess at it.

You will probably  want to do the following:
Answer the complaint: Like I said before you will deny everything you can, admit what you have to (like you name and address)
you will want to do affirmative defenses (like statue of limitations etc)
and at least one counter claim I see -FDCPA violation - attempting to collect a debt that is not owed-

You will also want do to a Motion to Dismiss based on lack of evidence attached to the complaint. Hopefully  the judge will accept your Motion to Dismiss or at least force them to provide the right evidence. (he will probably give them 30~60 days to provide evidence). 

If you can get the Motion to Dismiss accepted then you are good (they dont have the evidence :-).   if not the judge excepts your answers-defenses-counterclaims and begin the fight. You have a LOT of ammo to fight with.

The original creditor sold this debt and lost all the paperwork. I think the only way they can win is if you dont fight and/or you admit to the debt. 

What is the date on the credit card agreement? Is it the same year you got the card?




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« Reply #8 on: August 26, 2009, 12:46:24 PM »

>ISNT THERE A STATUTE OF LIMITATIONS ON THIS SINCE ITS A CCHA AND NOT A SIGNED CONTRACT.


Florida contracts are 5 years and open/oral  agreements are 4 years. 

>Count 1- Breach of Contract
This would have a 5 year SoL (STATUTE OF LIMITATIONS) but because they lost the contract and will have to use oral tesimony this will be 4 years. (there is a great argument for Credit Cards always being 4 years in Florida but I dont think you will need it)


>Count 2 - AccountStated   (we sent bills and they were not paid) 
4 year SoL


>Count 3- Open Account
4 year SoL


Count 4: Money Lent
> 4 years.

I am pretty sure Florida laws apply but I did notice that a lot of this came from North Carolina so their SoL may apply. Looks like North Carolina SoL is only 3 years.


 
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IN DEBT HELL
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« Reply #9 on: August 26, 2009, 07:52:36 PM »

I live in Brevard County. I got the card in 2006. The only date that I can see on the CCHA is 2004. The summons is for a pretrial conference. I called and spoke with the plaintiff and made an offer of 50 mo towards original debt and was told no that i now owe 7500 due o court costs and legal fees.. i asked how could i be charged legal fees if we havent gone to court, he told me we already paid them I told them I was going to a bankruptcy attorney, and that he wasnt getting anything. then i said good day and i hung p. I plan to send them a letter to valedate on friday, does this stop the process until they provide documentation, or do i still have to show for court, i really dont want to file bunkruptcy but 1200 toget rid of 15000 n debt is sounding mighty tempting.
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« Reply #10 on: August 27, 2009, 06:34:41 AM »

I live in Brevard County. I got the card in 2006. The only date that I can see on the CCHA is 2004. The summons is for a pretrial conference. I called and spoke with the plaintiff and made an offer of 50 mo towards original debt and was told no that i now owe 7500 due o court costs and legal fees.. i asked how could i be charged legal fees if we havent gone to court, he told me we already paid them I told them I was going to a bankruptcy attorney, and that he wasnt getting anything. then i said good day and i hung p. I plan to send them a letter to valedate on friday, does this stop the process until they provide documentation, or do i still have to show for court, i really dont want to file bunkruptcy but 1200 toget rid of 15000 n debt is sounding mighty tempting.

>I live in Brevard County. I got the card in 2006. The only date that I can see on the CCHA is 2004.

If there complaint says that you got the card in 2006 and the CC agreement is dated 2004 you have a great motion to dismiss. I will try to look up more info on that later today.


>I plan to send them a letter to valedate on friday, does this stop the process until they provide documentation, or do i still have to show for court,

Probably not a bad idea to send a DV but once you are being sued you are still going to have to go to court.

>i really dont want to file bunkruptcy but 1200 to get rid of 15000 n debt is sounding mighty tempting.

I dont think you have to worry about that now. Keep in mind though you have to take a class before you can file for BK. It is early yet but I think you can beat this, they dont have any proof you owe the debt, you just have to fight all the BS they file.

I dont think I would worry about BK untill your motion for dismissal and your discovery  is complete. There case is not that strong and they know that. They are just hoping you are stupid enough to do nothing and let them get their judgement.


When you have a moment please read this:

http://www.debtorboards.com/index.php/topic,2365.0.html

and this

http://www.debtorboards.com/index.php/topic,7217.msg18.html#msg18


You may need to create an account on debtorboards first.
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Fighting the Good Fight in FL
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« Reply #11 on: August 27, 2009, 07:47:11 AM »

I concur with everything Florida Debtor has written.

1. The FIRST and MOST IMPORTANT thing you need to do is file a written answer to the summons with the Clerk of Courts WITHIN the TIME ALLOWED. Look for examples here and at debtorboards and follow their format. You will need to answer EACH of CACH's allegations specifically in your answer. You can then post you answer here (with no identifiable information) and we will look it over.

2. File a Motion to Dismiss as Florida Debtor suggested. Same info as I gave you in number 1.

2. The next step is to then SHOW UP for the pre-trial conference and defend your rights. You need to understand the Florida Small Claims Rules:
http://www.floridabar.org/TFB/TFBResources.nsf/attachments/5e3d51af15ee8dcd85256b29004bfa62/$FILE/ATT9QYRJ/Small%20Claims.pdf?openelement
 
3. I have fought CACH LLC in Brevard county and beat them...well, at least got them to go away until the debt was outside the SOL. And I believe you can do the same.

4. Check your email.


What date you have to file an answer by?
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« Reply #12 on: August 28, 2009, 07:02:30 AM »

Does the certificate of assignment show your particular debt as being assigned by BOA?  If it's just a blanket assignment, that's not good enough and I would include that in the motion to dismiss.
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« Reply #13 on: September 02, 2009, 02:09:24 PM »

I plan to send them this letter. Is this ok to do legally or can they hold it against me when I do try to file BK?


To Whom It May Concern:
   This is not a letter that states acceptance of the debt being alleged. This letter is an offer being made to settle an alleged debt. I am quite aware that collection agencies purchase debts that have been written off and then make every attempt possible to collect on said debts. I called your office previously and was informed that I owe close to $7500.00. I want it made perfectly clear that I do not owe this amount to Bank of America nor do I owe it to CACH LLC. Nor do I owe it to The Law Offices of Melissa Ferris.

   I am also aware that there are many ways that this situation can be handled.   

1. An agreement can be made between myself and the plaintiff and the pre-trial conference can be cancelled. Payments as agreed upon will commence until amount agreed upon is paid.

2. No agreement is made and we try to mediate on September 23rd, at which point the terms I set forth today will not change. Your party will at that point in time, have another opportunity to either accept of reject my offer. If it’s decided that you will accept payments as agreed upon will commence until the amount agreed upon is paid. If you do not accept  we will then have a trial date set so that the matter at hand can be heard by an Honorable Judge of the Court. At and during this period in time I fully intend to fight the allegations being made against me on the grounds that they are fraudulent and inaccurate as well as the fact that they violate the rights set forth by the FCRA including but not limited to: Violation of the Fair Credit Reporting Act,  Violation of the Fair Debt Collection Practices Act and Defamation of Character.

   I understand that these types of procedures can be a hassle on the lives of both the defendant as well as the plaintiff and I do not wish to make this situation any more difficult on either party then it has to be made. I however will defend my rights from each and every angle possible, be it until the very end if and when a Judgment or Garnishment is issued.   Be advised that this is not a refusal to pay, but a financial inability to pay the fraudulent amount that is being alleged. If the point in time is reached where there is absolutely no hope in reaching a reasonable agreement with the plaintiff, it will be then that I will have no other choice then to file for a Chapter 7 bankruptcy. This process will discharge all debts incurred, whether accurate or not, including the debt being alleged by your office which will undoubtedly hurt both parties, but as I said if an agreement cannot be made I feel there is no other option.

On that note I feel it is fair to inform you that I have already attained an attorney to file my bankruptcy. The wonderful staff at The Law Offices of Hurley Partin Whittaker have 25 years of trial experience in Florida with 17 of them being local bankruptcy. These empathetic people realize that sometimes in life we as Americans’ reach a rough spot where meeting such demands as the ones being set forth by CACH LLC. become impossible. With this realization they are more then willing to accept a payment plan towards the sum of $1000 which I am certain will be paid in full by mid October. If by any chance garnishments were ordered and set into motion in the short period of time between September 23rd and  October 23rd upon filing bankruptcy all garnishments will cease. Any amount that may be ordered for garnishment in that time period will undoubtedly not exceed the amount I am prepared to offer today. Please read the proposal being made and strongly consider the options and outcomes that are being faced by both parties.

I am willing to make payments equal to the amount that it would cost me to file a Chapter 7 Bankruptcy instead  to The Law Offices of Melissa Ferris toward the alleged debt on the stipulation that:

1. The total amount to be paid is $1000.00. No more and no less. Upon being paid $1000.00 The collecting party, The Law Offices of Melissa Ferris will accept the debt as being paid in full. A document declaring this acceptance will be signed and sent to the defendant upon receiving the last payment toward the $1000.00 being offered as settlement to said alleged debt.

2. That from this day forth no further interest, late fees, over the limit fees or any other fees may be applied to the alleged debt.

3 Receipt of payment and current balance be sent to myself, Amanda L Sylvia after each payment that is made toward the offered amount of $1000.00.


I recommend the offer made in the above paragraph be read and strongly considered. I would also like to inform you that this is the first and final offer I will make or accept. I would appreciate a letter stating your acceptance or declination of my offer. Your consideration in this matter will be greatly appreciated.

                     With all respect due,

                        <name removed by admin>.



   
« Last Edit: September 03, 2009, 10:27:36 PM by Florida Debtor » Logged
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« Reply #14 on: September 02, 2009, 02:17:37 PM »

 I also plan to send thisletter to valedate:

<name and address removed by admin>

Date: August 28th, 2009

CACH LLC. & The Law Office of Melissa A Ferris
1402 Edgewater Drive
Orlando, Fl 32804

Re: Acct Ref. #

To Whom It May Concern:

This letter is being sent to you in response to a summons for a pretrial for an unpaid debt.. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
What do I need you to provide as the debt validation.
What the money you say I owe is for.
Explain and display to me how you calculated the total you claim I owe
Provide me with copies of any papers that show I agreed to pay what you say I owe.
Provide a verification or copy of any judgment if applicable.
Identify the original creditor.
Prove the Statute of Limitations has not expired on this account.
Show me that you are licensed to collect in my state.
Provide me with your license numbers and Registered Agent .
Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent
I will not hesitate in bringing legal action against you for the following:
Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act
Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.
Please read the enclosure for an opinion regarding matters such as these from the Federal Trade Commission


Best Regards,


<name removed by admin>
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