Smarty Pants
kiwifarms.net
- Joined
- Dec 14, 2018
Are you that same anon, Spectre?Complaint reads:
Violation of Federal Reserve Regulation "E" Section 205.6 "Failure to adhere to consumer liability limits. Blames consumer, stalls investigation, delays police investigation, emotional distress caused.
Response (all defenses separate):
First Defense: Complaint fails to state a cause of action against BANA upon which relief may be granted and must therefore be dismissed.
Second Defense: Plaintiff has not been damaged by reason of any act of BANA, and Defendants have not breached any legal duty to Plaintiff, but have acted properly in all respects.
Third Defense: Defendants state that Plaintiff fails to allege any cognizable damages against BANA in this matter.
Fourth Defense: Plaintiff failed to name a necessary and indispensable party i.e. Hyun Wo, who appears to be Plaintiff's former business partner.
Fifth Defense: Defendants relied upon Plaintiff’s instructions in correctly sending the subject funds transfer(s) as directed by Plaintiff to a designated recipient identified by Plaintiff and as such, Defendants’ actions in so doing, does not constitute a wrongful transfer
Sixth Defense: Defendant BANA denied Plaintiff’s claim of unauthorized account access as Plaintiff had provided account access and authorization to a third party to perform various transactions.
Seventh Defense: The transaction(s) in question was authorized and/or ratified by Plaintiff.
Eighth Defense: Plaintiff’s action is barred by Plaintiff’s own negligence.
Ninth Defense: If Plaintiff sustained damages as alleged, which Defendants deny, such damages were caused by a person or entity whose conduct Defendants did not control and for whom Defendants are not legally responsible.
Tenth Defense: The conduct of Defendants was not the proximate cause of any damage sustained by Plaintiff.
Eleventh Defense: Plaintiff’s claims are barred due to the failure to mitigate, obviate, diminish or otherwise to lessen or reduce the injuries and damages alleged in the Complaint.
Twelfth Defense: This action is barred by Regulation E (12 CFR 205.1 et seq.) pursuant to the federal Electronic Funds Transfer Act, governing electronic transactions, including but not limited to deposits and debits to bank accounts.
Thirteenth Defense: Defendants deny that it is liable or indebted to Plaintiff.
Fourteenth Defense: Plaintiff’s action is barred by the principle of waiver.
Fifteenth Defense: Plaintiff’s action is barred by the principle of estoppel.
Sixteenth Defense: Plaintiff’s action is barred by the principle of laches.
Seventeenth Defense: Plaintiff’s action is barred by the principle of unclean hands.
Eighteenth Defense: Defendant BANA’s relationship with its depositor is based in contract as a matter of law and BANA is obliged to honor all withdrawal transactions by said depositor.
Nineteenth Defense: Plaintiff’s actions are barred by the various provisions of the applicable governing contract of deposit including BANA’s online banking agreement.
Twentieth Defense: Any recovery by Plaintiff herein would result in Plaintiff’s unjust enrichment.
Twenty-First Defense: Defendant Andrea Calderon is an improper party defendant.
Twenty-Second Defense: Defendant Andrea Calderon was not involved in the alleged unauthorized funds transactions filed by Plaintiff and it is unknown why Plaintiff has named her as a defendant. TWENTY-THIRD SEPARATE DEFENSE Defendants reserve the right to raise any other defenses or Counterclaims discovered through pretrial discovery or during the course of trial. WHEREFORE, Defendants, Bank of America, N.A., and Andrea Calderon demand judgment dismissing the Complaint of Corey R. Barnhill, together with such other and further relief as the Court deems just and proper.