Jaylon,
Good stand but trim it down a bit. Go through your work and see what can be used against you as testimony should you have to go to court. Remember, anything you say can and will be used against you.
Also, threat of a lawsuit can be considered a crime (misdemeanor). I know your upset--take it easy and let them walk into their own trap. All you need to do is spring it.
Good Job!!! Very pro-active-----I'm impressed.
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Originally Posted by jaylon
Thank you for your immediate response to my correspondence, great service! You are in receipt of this notice under the authority of The Fair Debt Collections Practices Act regarding your correspondence dated September 9, 2005. Since your organization had no legal rights to collect on this alleged account and you were not a party on the original promissory note; I was never a debtor and your organization was never a creditor or secured party. This being said, I am requesting the entire payment history of this account and a refund of any and all monies that your organization collected by fraudulent means. My records indicate that a payment was made to your organization some time ago in or around the amount of $600.00. I am also requesting a copy of any correspondence by your organization to the three major credit reporting agencies to validate your claim that this trade line will be deleted during your next reporting cycle, and receipt of a letter stating the account will be blocked from reappearing on my credit files and will not be sold or transferred to another company.
I do regret to inform you that your company is now the target of a lawsuit due to an endless circle of grief that you have caused me. I have been requesting verification of this alleged account since January of 2005. You have sent unsubstantiated demands for payment on numerous occasions and you have used a Notary to certify a phony irrelevant" Affidavit of Debt signed by your agent Desimber Wattleton.
It is under-handed to create a phony irrelevant affidavit using a secretary of the state and shows that you are either ignorant or oblivious to the law. To advance writing, which you know is false with the intention that others rely on the written communication to their detriment can be considered a "scheme or artifice" "caused to be delivered by mail," and constitutes Mail Fraud under State and Federal Laws. You have violated the Fair Debt Collections Practices Act as well as the Fair Credit Reporting Act on multiple occasions. I have an extensive paper trail along with substantial proof of these violations. Should this matter be brought before a judge, it would have to take place in Federal Court because this matter involves a number of "federal questions"; namely:
- Interstate Commerce
- Title 15 U.S.C. "Fair Debt Collection Practices Act"
- Title 15 U.S.C. "Fair Credit Reporting Act"
- Title 5 U.S.C. Administrative Procedures Act
Please take due heed to this notice, this is an attempt to rectify this while it is still a private matter. The case precedent is the Cleopatra Haslip case where plaintiff was awarded 4 times punitive and 200 times compensatory for conversion. If more time is needed please request it in a timely manner. I do look forward to your prompt response.
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