here are some of the points of cc suing me, and my attorneys response, maybe it will help someone else
count 1
defendant breached the agreement by failing to pay the sums of money due in accordance with the terms and conditions of that contract.
defendant owes plaintiff the principal sum of 4100 plus interest, attorneys fees and cost as a result of defendants failure to abide by the terms and conditions of the written/credit agreement entered into between the original creditor and defendant
demand for payment has been made
the credit agreement entered into by the defendant provides for attorneys fees if lkthe original creditor or its assignee is required to pursue litigation to collect on this debt.
plaintiff has retained the undersigned attorneys for representation in these proceedings and is obligated to pay its attorneys a reasonable fee for services rendered.
count 2
the defendant received a financial benefit, which was in fact appreciated by the defendant, the defendant accepted the financial benefit.
by virtue of the circumstances surrounding the use of the credit card, the defendant knowingly requested the funds in issue and/or knowingly and voluntarily accepted the benefits bestowed.
it would be inequitable for this court to allow the defendant to retain the befefits or to be unjustly enriched at the expense of the plaintiff or allow the defendant to retain the value of the funds in issue without repaying the plaintiff the value of same.
attorneys response motions to dismiss plaintiffs statement of claim
defendant moves this court, pursuant to rules 7.050 and 7.090(c)fla.sm.cl.r. to dismiss plainfitts statement of claim for failure to state a cause of action. in support of the motion, defendant states.
1.defendant moves to dismiss count one of statement of claim because it fails to state a cause of action. in count one plaintiff seeks damages for defendants purported breach of contract. plaintiff failed to attach the signed credit card application, request or agreement executed by defendant in violation of rule 7.050.fla.sm.cl.r
2. plaintiffs statement of claim fails to state facts essential to a cause of action for a credit card or other contractual debt, including the date of alleged contract, dates and amounts of alleged charges, fees or other debts incurred under the contract and the date of the alleged payment default, and fails to allege compliance with 15.u.s.c.1642 15 u.s.c. 1637(a) 15 u.s.c. 1637 (b)
3 the statement of claim alleges the plaintiff is owner and holder of debt pursuant to an assignment agreement from the original creditor. however no evidence of assignment is provided. the statement of claim should be dismissed because there is no showing the plaintiff is real party in interest.
4. the unjust enrichment claim is founded upon the legal fiction that a contract should be implied in absence of a written contract. this fiction amy not be maintained and the law will not imply a contract where an express contract exists concerning the same subject matter.
defendant specifically reserves his defenses and counterclaims, including but not limited to the statute of limitations, untill after this motion is resolved.
thats for the most part the defense, hope it helps someone in florida up against junk debt buyers,