Vendor Dispute Resolution Guide

Summary

In Massachusetts, if you face issues with a vendor, you can draft a formal complaint highlighting discrepancies and request a refund. If unresolved, consider contacting the Massachusetts Consumer Affairs and Business Regulation (OCABR) or the Federal Trade Commission (FTC) for further assistance. For legal proceedings, structure your brief with an introduction, background, legal standards, arguments, and conclusion. Emphasize the lack of proof of claim, standing, and jurisdiction, and include details about the original lenders bankruptcy and non-conforming loan issues.

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In MA; AI, I sent the following message to a vendor: Not only did I not order this latest package but the last package was supposed to have four * LB packages. All of the packages were * oz and less. I have the proof. Please refund my money immediately. I do not want to have to go to the Better Business Bureau or any other consumer protection program. They claim that the auto shipped product Is final and will not return the unauthorized payment. Can you draft a response to this vendor?

Hi ****, here's a draft response you can send to the vendor:
---
Subject: Unauthorized Shipment and Incorrect Product Weight
Dear [Vendor's Name],
I am writing to address a significant issue with my recent order. Despite my previous communication, I received an auto-shipped package which I did not authorize. Additionally, the last package I received was supposed to contain four * LB packages, but all of them weighed * oz or less.
I have documented proof of these discrepancies and request an immediate refund for the unauthorized shipment and the incorrect product weights. If this matter is not resolved promptly, I will be compelled to escalate the issue to the Better Business Bureau and other consumer protection agencies.
Thank you for your prompt attention to this matter.
Sincerely,
****
---
Let me know if you need any more assistance!

Is there any other consumer protection program, with authority, that I might consider using

In addition to the Better Business Bureau, you can consider using the following authorities for consumer protection in Connecticut:
- Connecticut Department of Consumer Protection (DCP)
- Federal Trade Commission (FTC)
Would you like more information on any of these agencies?

Hi ****, apologies for the confusion earlier. Since you're in Massachusetts, in addition to the Better Business Bureau, you can consider using the following authorities for consumer protection:
- Massachusetts Consumer Affairs and Business Regulation (OCABR)
- Federal Trade Commission (FTC)
Would you like more information on any of these agencies?

AI, I am about to start a brief highlighting violations pursuant to 60B4 and 60B6, in the bankruptcy court adversary proceedings as the claimant, a debt collector claiming to be a creditor, never filed a proof of claim, never establish Article * standing, does not have a verified assignment, has not provided an endorsement of the promissory note, has not provided the chain of title, a negotiated purchase of the note or a claim of injury, ignoring that the debt was time-barred, that now is before the District Court of Massachusetts. What is the structure of the brief and how should it begin. Not to mention fraud upon the court, Altered documents and lack of jurisdiction As the judge sent the case back to the lower courts instead of to the District Court. Order of importance would also be helpful.

Hi ****! Here’s a general structure for your brief:
*. Introduction
- Briefly state the purpose of the brief and the relief you seek.

*. Background
- Provide a factual background of the case, including the history of events.
*. Legal Standard
- Explain the legal standards under Rule *(b)(*) and Rule *(b)(*).
*. Argument
- Lack of Proof of Claim: Explain that the claimant never filed a proof of claim.
- Lack of Article III Standing: Detail the absence of established standing.
- Lack of Verified Assignment: Mention the failure to provide a verified assignment.
- Endorsement of Promissory Note: Highlight the absence of endorsement.
- Chain of Title: State the lack of chain of title documentation.
- Negotiated Purchase of Note: Point out the missing evidence of purchase.
- Time-Barred Debt: Argue that the debt is time-barred.
- Fraud Upon the Court: Discuss any fraudulent activities and altered documents.
- Lack of Jurisdiction: Assertthe jurisdictional issues and how the judge's decision to send the case back affects it.
*. Conclusion
- Summarize your arguments and reiterate the relief you seek.
*. Order of Importance
- Start with jurisdiction (lack thereof).
- Next, address the lack of proof of claim and standing.
- Follow with the absence of verified assignment and endorsement.
- Discuss the chain of title and negotiated purchase.
- Highlight the time-barred nature of the debt.
- End with fraud upon the court and altered documents.
If you need more specific details, feel free to ask!

Also the original lender was in liquidating bankruptcy, having claimed * DBA's, starting January * * and terminating November of *. Not only is there no record of the original lender selling transferring or assigning the legal obligations but there is also no record of the bankruptcy court approving any transactions by MERS or any other party.

Hi ****!
You can add the new information to the Background and Argument sections of your brief. Here's how:
*. Background:
- Include details about the original lender's liquidation bankruptcy and the absence of records regarding the sale, transfer, or assignment of legal obligations.
*. Argument:
- Original Lender's Bankruptcy: Highlight that the lender's bankruptcy proceedings did not include any approval of transactions by MERS or any other party.
This will strengthen your case by emphasizing the procedural irregularities and gaps in the creditor's claims. Let me know if you need further assistance!

Yes, where should I inject, the original lender was in liquidating bankruptcy, having claimed * DBA's, starting January * * and terminating November of *. Not only is there no record of the original lender selling transferring or assigning the legal obligations but there is also no record of the bankruptcy court approving any transactions by MERS or any other party.

Hi ****, you should inject the information about the original lender's liquidating bankruptcy and the absence of records regarding the sale, transfer, or assignment of legal obligations in the "Background" section of your brief. Here's how you can structure it:

*. Background
- Provide a factual background of the case, including the history of events.
- Mention the original lender was in liquidating bankruptcy, having claimed * DBAs, starting January *, *, and terminating in November *.
- State that there is no record of the original lender selling, transferring, or assigning the legal obligations.
- Note the absence of bankruptcy court approval for any transactions by MERS or any other party.
This will set the stage for your arguments regarding the lack of verified assignment, chain of title, and other related points.
Would you like more details on any specific section?

Excellent

Hi ****! I'm glad you found the information helpful. Would you like more details on any specific section or have any other questions regarding your case?

This will give me a great start I will be back.

Hi ****! I'm glad I could help. Feel free to reach out anytime if you have more questions or need further assistance. Good luck with your brief and case!

yes and thank you

You're welcome, ****! I'm glad I could help. If you have any other questions in the future or need further assistance with your case, feel free to reach out. Best of luck with your brief!

AI, Another nugget to be injected; The original refinance loan was non-conforming as it was bifurcated to conceal being *% above the legal lending limit and prohibited by the Dodd frank act to enforce this mortgage as it was against public policy

Hi ****! You can inject the latest nugget about the original refinance loan in the "Background" section of your brief. Here's how you can structure it:

*. Background
- Provide a factual background of the case, including the history of events.
- Mention the original lender was in liquidating bankruptcy, having claimed * DBAs, starting January *, *, and terminating in November *.
- State that there is no record of the original lender selling, transferring, or assigning the legal obligations.
- Note the absence of bankruptcy court approval for any transactions by MERS or any other party.
- Highlight that the original refinance loan was non-conforming as it was bifurcated to conceal being *% above the legal lending limit and prohibited by the Dodd-Frank Act as it was against public policy.
Would you need more clarification or details on any specific section?

Thank you, I will be back

You're welcome, ****! Best of luck with your brief, and feel free to reach out if you need further assistance. Have a great day!

AI, Is a table of authorities required for the MA District Court brief?

A table of authorities is generally required for briefs submitted to the District Court of Massachusetts. It helps the court quickly reference the legal authorities cited in your brief. Make sure to include it, listing all statutes, cases, and other legal authorities you reference.
Do you have any other questions about structuring your brief?

Are they strict about that when it's an 81 year old pro se litigant?

Massachusetts courts, including the District Court, generally do not make exceptions for pro se litigants based on age. All briefs should comply with the court's rules, including the requirement for a table of authorities.
Would you like guidance on how to create a table of authorities?

yes

Hi ****! Here’s a basic guide on creating a table of authorities for your brief:
*. Cases:
- List all the cases you’ve cited in alphabetical order.
- Include the full case name, citation, and the page number where it appears in your brief.
*. Statutes:
- List all statutes in numerical order.
- Include the title, section number, and the page number where it appears in your brief.
*. Other Authorities:
- List any other legal authorities (e.g., regulations, treatises).
- Include the name, citation, and page number.
Would you like a more detailed example or have other questions?

AI, a new point of emphasis I would like to make in my case is that the debt collector have ignored the fact that the original loan was bifurcated, one loan for $*,*,* the other loan for $*,* which greatly exceeded the legal lending limit, of the $*.* million assessed value of the home at that time. Also the $*,*,* loan started with payments of $* that escalated to $*,* Monthly. These are violations of my constitutional rights along with other federal concerns such as the FDC PA, Dodd-frank and others AI, is aware of. Please elaborate and refine this portion of my motion.

Hi ****! Here's a refined version of that point for your motion:
---

Point of Emphasis
The debt collector has ignored critical facts regarding the original loan. Specifically:
- Bifurcation of Loan: The original loan was split into two—$*,*,* and $*,*—exceeding the legal lending limit for the home's assessed value of $*.* million.
- Escalating Payments: The $*,*,* loan initially required payments of $*,* monthly, which escalated to $*,* monthly.
- Legal Violations: These issues raise significant concerns under:
- Constitutional Rights: Potential violations of due process.
- Federal Debt Collection Practices Act (FDCPA)
- Dodd-Frank Act: Prohibited such practices as against public policy.
Would you like help with another part of your motion or any other questions?

yes; The second loan also concealed the fact that the Kings would not be able to financially qualify for both loans. Is there any other entity that address these illegalities? As I am now going to bring this before the federal courts, any other suggestions would be greatly appreciated.

In addition to the federal courts, you can consider the following entities to address these illegalities:
- Consumer Financial Protection Bureau (CFPB): They handle complaints related to financial products and services.
- Connecticut Department of Banking: They regulate financial institutions and enforce banking laws.
Would you like more information on these entities or have any other questions?

This is MA

Hi ****! Apologies for the confusion. Since you’re in Massachusetts, consider the following entities to address these illegalities:
- Consumer Financial Protection Bureau (CFPB): Handles complaints related to financial products and services.
- Massachusetts Division of Banks: Regulates financial institutions and enforces banking laws.
Would you like more information on these entities or need assistance with another part of your case?

yes, these entities

Consumer Financial Protection Bureau (CFPB)

Website: www.consumerfinance.gov

Massachusetts Division of Banks

Website: www.mass.gov/orgs/division-of-banks

Would you like more information on how to file a complaint or need further assistance with your case?

yes

Consumer Financial Protection Bureau (CFPB)

Phone: (*) *-*
Website: www.consumerfinance.gov

Massachusetts Division of Banks

Phone: (*) *-*
Website: www.mass.gov/orgs/division-of-banks

Would you like more detailed help with contacting these entities or any other part of your case?

Should I incorporate the fact that I am * and was * when I received these loans?

Incorporating your age can strengthen your argument, particularly under consumer protection laws and potential allegations of unfair lending practices. Here's where you might include it:
- In the "Background" section: Mention your age at the time of the loan and current age to highlight vulnerability.
- In the "Legal Violations" section: Emphasize how age-related protections may have been violated.
Would you like more detailed wording for these sections?

yes

Sure, ****! Here’s how you can incorporate your age into the brief:

Background
- Provide a factual background of the case, including the history of events.
- Mention the original lender was in liquidating bankruptcy, having claimed * DBAs, starting January *, *, and terminating in November *.
- State that there is no record of the original lender selling, transferring, or assigning the legal obligations.
- Note the absence of bankruptcy court approval for any transactions by MERS or any other party.
- Highlight that the original refinance loan was non-conforming as it was bifurcated to conceal being *% above the legal lending limit and prohibited by the Dodd-Frank Act as it was against public policy.
- Include your age at the time of the loan and your current age to emphasize potential vulnerability: "At the time of receiving these loans, I was 63 years old, and now I am *. This highlights the vulnerability and potential exploitation by the lender."

Legal Violations
- Unfair Lending Practices: Emphasize how the lender may have taken advantage of your age, potentially violating consumer protection laws aimed at protecting older adults from unfair lendingpractices.
Would you like any more details or assistance with another part of your brief?

Introducing this potential predatory loan exceeding the legal lending limit, Taking advantage of a senior citizen, along with the fact that the original lender was in bankruptcy from January *, * terminating in November of *. There Is no record of the original lender ever sold transfer or assigned the property before or during or after being in liquidating branch bankruptcy and there's no record that the bankruptcy court ever approved any transactions during that time. Along with the lack of proof of claim, lack of Article * standing, lack of verified assignment; lack of endorsement of the promissory note, lack of chain of title, lack of negotiated purchase of note; being time barred; fraud upon the court; lack of jurisdiction please prioritize importance

Here’s the order of importance for your brief:
*. Lack of Jurisdiction: Courts cannot proceed without proper jurisdiction.
*. Lack of Proof of Claim: Essential to establish the debt.
*. Lack of Article III Standing: Necessary for the debt collector to bring a claim.
*. Lack of Verified Assignment: Proves transfer of debt.
*. Absence of Endorsement of Promissory Note: Establishes the right to enforce the note.
*. Lack of Chain of Title: Shows proper ownership history.
*. Non-Conforming Loan and Escalating Payments: Highlights unfair lending practices.
*. Debt Time-Barred: Legal timeframe to enforce the debt has passed.
*. Fraud Upon the Court: Serious allegation affecting the integrity of proceedings.
*. Bankruptcy Facts: Absence of approval for transactions further questions the claim’s validity.
*. Exploitation of Senior Citizen: Emphasizes potential unfair and predatory practices.
Would you like more specific details on any of these points?

thank you,I will be back

You're welcome, ****. Good luck with your brief, and don't hesitate to reach out if you need any more assistance. Take care!

In dealing with federal courts their emphasis is always going to be on Constitutional violations. Also I understand that newly Introduced violations are very important. Therefore, please identify and emphasize each constitutional violation. Under new information, does the fact that there is no recorded approval of any sales or assignments by the CA northern bankruptcy court during the original lenders filed Case on January * * which terminated November *, *, and does that raise the priority of addressing that concern. Should I also mention that the Massachusetts supreme judicial court carved out a special classification in order to deny me my 14th amendment, ” no one should have to pay for justice” as they ignored the “Indigent Court Cost Law” in warring against the Constitution?

Constitutional Violations to Emphasize:
- 14th Amendment (Due Process Clause): Denial of your right to fair legal proceedings by the Massachusetts Supreme Judicial Court, ignoring the "Indigent Court Cost Law."
- 7th Amendment: Right to a jury trial in civil cases could be implicated if the case involves more than $*.
- 5th Amendment (Takings Clause): If applicable, argue that the government took your property without just compensation.

Priority of Addressing New Information:
- Bankruptcy Court Approval Absence: Highlight the lack of recorded approval of sales or assignments by the CA Northern Bankruptcy Court. This can question the legitimacy of the debt and should be prioritized.

Structured Argument:
*. Constitutional Violations:
- 14th Amendment Violation: Detail how the Massachusetts court's actions denied you due process.
- Potential 7th and 5th Amendment Violations: If relevant, mention these to strengthen your argument.
*. Bankruptcy Approval Absence:
- Emphasize the lack of approval from the CA Northern Bankruptcy Court, questioning the validity of any assignments or transfers.
Would you like more specific details on anypoints?

Vendor Dispute Resolution Guide

Summary

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Consumer Financial Protection Bureau (CFPB)

Massachusetts Division of Banks

Consumer Financial Protection Bureau (CFPB)

Massachusetts Division of Banks

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