VOD Letters - Who To Contact???

if you need names of CEO's, COO's, EVP's, CIO's, etc and corporate contact information http://biz.yahoo.com/ic/fscons_cl_all.html is a great resource.

[Jerseee]

Originally Posted by dashboy

Ok so if my accounts have been deleted off the credit report (equifax, experian, and Transunion, I am assuming the collection attorney and the creditor did not verify the debts! How should this affect the judge when He sees the evidence for this? I am finished writing my motion to dismiss based upon the fact that the alleged debts have not been verified and have been removed from the credit reports, thus no enforceable contracts/notes! any thoughts?

Also the collection attorney did a very poor job of writing the complaint. I think they did this on purpose so that perhaps the case does get dismissed so they will not have to defend against the fraud! I have about 15 letters telling them to apply my cert prom notes upon verification of the alleged debts or send me everything back including all original notes, all sweat equity extortion payments ever sent, and my cert Prom notes immediately or face the dashboy wrath! Of course they dont answer! haha!

I am almost finished with my answers should my motion be denied which I have a funny feeling it will not be. I was kinda hoping Cutie Pie Cutechick would post some of those case laws she found under 12 USCA 24!
Hey Cutie Chick what sources would I use to cross over those case to California? I think there is a source that can be used to do that. Any ideas?

One other thing People, If you are in California the creditor who collects upon his own debts is held responsible also under the FDCPA as a state statute
dashboy~~

Dashboy,

Remember my power move tactic with the notary being present when you faced these guys in their office? If you have to go to court I would keep that same tactic on standby to prevent an argument about an alleged debt.

You already have proof that the CRAs cannot verify it and you have a public official who can witness your signature on the CPN if there seems to be a problem.

They are there to get paid--nothing more. If they are there for that reason and want to start to argue--I would cut all that sh*t short and tender a CPN right then and there in front of the judge. I wouldn't say sh*t. I would just let the attorney ramble on, then I would face the notary while the chump was talking and I would swear to the note and sign it. I am sure that once they see you raising your right hand (for the note only--not to be their witness) then have the balliff give it to the judge to make presentment. Then I would ask what is the argument about now? Does counsel want blood or my first born?

just my thoughts

Originally Posted by Jerseee

Dashboy,

Remember my power move tactic with the notary being present when you faced these guys in their office? If you have to go to court I would keep that same tactic on standby to prevent an argument about an alleged debt.

You already have proof that the CRAs cannot verify it and you have a public official who can witness your signature on the CPN if there seems to be a problem.

They are there to get paid--nothing more. If they are there for that reason and want to start to argue--I would cut all that sh*t short and tender a CPN right then and there in front of the judge. I wouldn't say sh*t. I would just let the attorney ramble on, then I would face the notary while the chump was talking and I would swear to the note and sign it. I am sure that once they see you raising your right hand (for the note only--not to be their witness) then have the balliff give it to the judge to make presentment. Then I would ask what is the argument about now? Does counsel want blood or my first born?

just my thoughts

jersee, you make it sound like tendering a CPN is the same as money, and no matter what your situation with the bank, your debt is discharged, end of story.

a CPN is a promise to pay. with this promise you require resonable demands to be performed before it can be presented for payment. if these reasonable demands are met, and the note is presented for payment you better have the FRN's on hand to pay. now if the demands are not met or they reject it, then ya its discharged. but can we have some clarification?

[Jerseee]

Originally Posted by droog79

jersee, you make it sound like tendering a CPN is the same as money, and no matter what your situation with the bank, your debt is discharged, end of story.

a CPN is a promise to pay. with this promise you require resonable demands to be performed before it can be presented for payment. if these reasonable demands are met, and the note is presented for payment you better have the FRN's on hand to pay. now if the demands are not met or they reject it, then ya its discharged. but can we have some clarification?

Droog,

Very interesting request...okay.

before I can answer your post, I need to know something from you so that my answer will be clear.....what is money?

If you are equating FRNs to money then that is where you are going wrong. FRNs are CPNs too. Furthermore, it is the language on the CPN that makes it very powerful.

Now my other questions are:

Did the creditor loan any "money"?

Were they at risk of losing something?

Where is the original application (unaltered)?

I think you may need to do some study on negotiable instruments and what makes a instrument negotiable.

have fun

[dashboy]

Yeah Jerseee! That is my First ACE in the hole. My second, should I lose and have a summary judgement against my straw, will be to demand a certified copy of the judges signed order and attach a cpn to it and toss it into the court record. If he starts talking about check, noney order, cash only crap, then I will draw up another cpn but title it "personal check or money order"! But I have a feeling that it may not come to that because the complaint this attorney wrote consist of less than 75 words on it. His complaint looks like it was written by my seven year old. They cannot be serious with this crap. I'll send you a copy. You will laugh when you see it. I am not taking this lightly by no means, but the fact that they wrote something like this makes me think they might not even show up. But i'll be ready should they. I am still trying to determine whether to put in a motion to dismiss based upon the jurisdiction problem they have concerning no validation of debt or should I just include that in my answer/counterclaim. My main problem right now is that I got way to much ammo and am not sure on how to make thos bullets fly. My biggest bullet is the fact that these clowns are perpetrating a fraud on the court with the evidence they have put in. A copy of a prom note that with no doubt has been altered by the notice they stamped on it and the fact that the stamped notice contains wording showing they sold the original. Here is what it says:
NOTICE
"Any holder of this Consumer Credit Contract is subject to all claims and defenses which the debtor could assert against the seller of gooda or services obtained with the proceeds herof. Recovery hereunder by thedebtor shall not exceed amounts paid by the debtor hereunder."

Wow, what nerve to stamp that right on there and stick it into evidnece! The other is a credit card app they are claiming I owe $4000 on but written right accross the top it say loan for 1992 BMW 325i $13,000. Why would they put this into court evidence when a seven year old can see that is not an acredit app for a $4000 credit card claim???

The judge will have to flat out dog me which I would not be surprised if he did but come on he cant be that stupid can he?? Would he give a summary judgement based on that crap??

So I am going to go with this stuff first in my answers along with some other goodies I got from Mike Brown/Justin Garriot concerning open book account, account stated, money had and received, all of which the clowns should have included in their complaint but did not for some strange reason. These clowns know that the note itself is not evidence of a debt!!

This leads me to think something else is up but I guess i'll have to wait and see!

CuteChick, can you send me that info on Truth in lending. I have been reading over the act but got a few road blocks in my mind concerning it. I know the main premise is disclosure but it seems to center around disclosure of finance charges and annual percentage rate stuff. Can you bring me up to speed on this?

dash~

Originally Posted by Jerseee

PJT04,

Cute chick has an absolute rock hard valid point. Who is at risk and what did they loan? Can they loan credit or money? It is the sole purpose of the demand. Also, I'm not sure if you know but, YOU are the source of funding. Nothing could have occurred without your signature.

I UNDERSTAND ABOUT THE FUNDING SOURCE BEING OURSELVES THROUGH OUR SIGNATURES, THAT'S THE WHOLE ARGUMENT WE HAVE AGAINST THE BANKS. MY POINT WAS REGARDING THE WAY C_C EXPLAINED HER CASE.

Originally Posted by cute_chick

Well put it this way . . . If you HONESTLY BELIEVED, beyond a shadow of a doubt, that you owed the debt, why are you demanding verification and validation? You already know that the bank gave you something of value (i.e. their money or their depositors money) in exchange for the loan check. . . . .

I don't know about you but, I ask for the funding source to make absolutely sure the bank is taking a fianancial risk and truly gave me a *loan* on the day of the loan closing. Otherwise, if the bank is not taking a fianancial risk and did not give anything of value, then no I don't owe the bank a damn thing . . . In fact, the bank owes ME for all those principal payments I made to it!

I'M NOT SURE YOU UNDERSTOOD MY POINT. I DON'T DISAGREE WITH YOU.
I DO EXACTLY THE SAME THING. I JUST NEVER ALLEGE THAT I DON'T OWE THE DEBT LIKE YOU MENTIONED ON A PREVIOUS POST. THE CREDITOR IS THE ONE THAT ALLEGES TO HAVE A CLAIM ON MY COMMERCIAL PERSON.
ANYWAY, LET'S JUST MOVE ON.

Originally Posted by cute_chick

Yeah and to piggy back on what Jerseee said (and on what I said earlier about the bank owing me principal payments), I spoke to the bank the other day - the bank that has my car *loan.* Well I've had this car for 2 years now and this month is the first time I'm late. So I told the rep that I'm going to be a little late this month because I'm sending a letter (i.e. VOD letter) along with my payoff payment (i.e. CPN). Well, the rep was quick to note that I will be 30+ days past due by the time my payment arrives at their office so he suggested that I simply pay the accruing interest (not principal plus interest) to prevent the account from becoming past due . . . Interesting . . . .

So during the validation period I plan to do just that - that is pay the interest to prevent the account from becoming past due and to prevent the bank from repossessing . . . . .

And here's another tidbit, the bank's website lists a laundry list of *acceptable payment methods* from money orders, personal checks and *certified funds* . . . If fact, if you pay by a certified fund, you'll get your title back in 4 business days . . . .

By the way, what is this that I'm hearing about it being illegal (or beyond the bank's scope of business) to issue credit cards to us or otherwise act as a co-signer of our ability to pay? What the legal rule(s) and caselaw supporting this???

LET ME KNOW HOW THIS METHOD TURNS OUT WITH YOUR CAR LENDER.
I'VE HAD SOMEWHAT OF A SUCCESS ELIMINATING A CAR LOAN. I NEVER ISSUED A CPN THOUGH. I JUST SENT VOD AND DEFAULT LETTERS. AFTER A COUPLE MONTHS I WAS DEALING WITH A CERTAIN "SPECIAL INVESTIGATOR".
THIS IS THE BOTTOM FEEDER YOU'LL PROBABLY BE DEALING WITH LATER.

I BELIEVE BY "CERTIFIED FUNDS" THEY MEAN A CASHIERS CHECK BUT YOU NEVER KNOW.

ANYWAY, I HOPE YOUR METHOD HAS GOOD RESULTS.

[Jerseee]

Originally Posted by dashboy

Yeah Jerseee! That is my First ACE in the hole. My second, should I lose and have a summary judgement against my straw, will be to demand a certified copy of the judges signed order and attach a cpn to it and toss it into the court record. If he starts talking about check, noney order, cash only crap, then I will draw up another cpn but title it "personal check or money order"! But I have a feeling that it may not come to that because the complaint this attorney wrote consist of less than 75 words on it. His complaint looks like it was written by my seven year old. They cannot be serious with this crap. I'll send you a copy. You will laugh when you see it. I am not taking this lightly by no means, but the fact that they wrote something like this makes me think they might not even show up. But i'll be ready should they. I am still trying to determine whether to put in a motion to dismiss based upon the jurisdiction problem they have concerning no validation of debt or should I just include that in my answer/counterclaim. My main problem right now is that I got way to much ammo and am not sure on how to make thos bullets fly. My biggest bullet is the fact that these clowns are perpetrating a fraud on the court with the evidence they have put in. A copy of a prom note that with no doubt has been altered by the notice they stamped on it and the fact that the stamped notice contains wording showing they sold the original. Here is what it says:
NOTICE
"Any holder of this Consumer Credit Contract is subject to all claims and defenses which the debtor could assert against the seller of gooda or services obtained with the proceeds herof. Recovery hereunder by thedebtor shall not exceed amounts paid by the debtor hereunder."

Wow, what nerve to stamp that right on there and stick it into evidnece! The other is a credit card app they are claiming I owe $4000 on but written right accross the top it say loan for 1992 BMW 325i $13,000. Why would they put this into court evidence when a seven year old can see that is not an acredit app for a $4000 credit card claim???

The judge will have to flat out dog me which I would not be surprised if he did but come on he cant be that stupid can he?? Would he give a summary judgement based on that crap??

So I am going to go with this stuff first in my answers along with some other goodies I got from Mike Brown/Justin Garriot concerning open book account, account stated, money had and received, all of which the clowns should have included in their complaint but did not for some strange reason. These clowns know that the note itself is not evidence of a debt!!

This leads me to think something else is up but I guess i'll have to wait and see!

CuteChick, can you send me that info on Truth in lending. I have been reading over the act but got a few road blocks in my mind concerning it. I know the main premise is disclosure but it seems to center around disclosure of finance charges and annual percentage rate stuff. Can you bring me up to speed on this?

dash~

good plan dashboy! Don't forget judicial notice and make sure it is on the record!

Originally Posted by cute_chick

Hey all! I'm having a hard time finding the *authorized agent* to send my VOD and Prom Note to for my (3) credit cards. I want to send this to either a Manager, Supervisor, or someone who will basically know what to do with this. The Banks are First Premier Bank, World Financial Network National Bank, and Credit First National Association. I found the name of the CFO at World Financial. Should I just send it to him???

I don't have this problem with the personal loan banks as I'm sending the letters and note directly to the Branch Manager or Loan Department Manager.

Hey CC: try visiting http://www.hoovers.com

It is a member site, requiring payment for full services, however, I have found that just visiting and getting preliminary information is available free of charge.

Jerry