And it Has Begun

[Campy]

Greetings All.

This is my first post on this site, and I am so glad I am involved with patriots such as yourself.

I am just starting to apply what I have learned in the past 8 months, and I was wondering if I could get some help with a particular situation I am in.

Firt off, I would like to say I am happy to be a part of this site. Thank you all for all of your wonderful information.

Ok, here is my skinny.......
I understand trial are supposed to be a lesson learned from God, but so much is happening at once, and I am starting to realize I may be over y head, and call out for help. Everything at once has been so difficult.

Anyway, I would like to give you the history of the credit card company I am dealing with. (and I appreciate your help with this). I had a Citibank MasterCard since 97, and have had nothing but a good standing with them, with superior credit. About 6 months ago, I was put in a financial position that prevented me from paying the minimum on my balance. I paid between 50-150 p/m to make them happy that I was still paying, but within the 2nd month, they raised my rates to a phenomenal amount, closed my account, and charged me 3k interest/fines totaling my balance an exhorbant amount.

I tried working things out with citicard, but nothing they offered was doable. So, I continued to make payments that I could afford while constantly being hounded by collectors of Citicard. I then got a letter saying that they would send this to a collections agency and do a "charge off" of my account which they warned is harder to get off of a credit report that a bankruptcy (paraphrasing). I then got calls every night for 2 weeks straight after 9 pm from person (nameless for now) from "Client Services, Inc." He said he could take off 40% if I could pay it off now (which I cant) so I told him after he said he couldn’t take what I was offering, that he would have to start the litigation process taking this to court.

I told him I contacted my lawyer (which I really didn’t, just wanted to say I did) and told him my lawyer wants in writing from his company what they are charging, signed by a person, not a department, and what they are trying to collect. I told them I wanted to verify the debt, and that I am entitled to 30 days to do so.

They sent me a letter (with no physical signature) from the representitive.

Below is what it says

1-25-05

Reference # xxxxxxx

RE: Citicards - Classic Matercard
Balance: $xx,xxx.xx

The above account has been placed with our firm for payment in full.

You may communicate with us in writing at the above address or by calling us at our toll free number, xxx-xxx-xxxx.

Sincerely, (nameless)

This communication is from a professional debt collection agency.

This is an attempt to collect a debt. Any information obtained will be used for that purpose. Unless you notify this office within 30 days after receiving this notice that you dispute the validity of the debt or any position thereof, this office will assume the debt is valid. If you notify this office in writing within 30 days from receiving this notice, that the debt, or any portion thereof is disputed, this office will obtain verification of the debt and obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request this office within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from current creditor

CB809
New York City License No. 972214

----------------------------------------------------------

Where do I start?

Can anyone give me what legal standings I have via form of written letter? Is there a packet f info that I could purchase?

Again,

Let me say I am once again a student, and my eyes are opened.

thank you all for your postings.

Campy

You may want to try the “The Million-Dollar Letter”...

This is what is called The Million-Dollar Letter. Please read this page first before using it. This letter is simply a request for validation as prescribed by the Fair Debt Collection Practices Act, and applies only to debt collectors collecting on unsecured debt. The second page is a form that the collector is requested to complete and return to you. If the collector does this, it will prove to you why you do not owe the collector any money. It will also help in your defense if you are sued. This is one reason none of our subscribers has ever lost a collection case and why less than 1% ever ended up in court. Debt collectors are companies who have accepted assignment of a credit account for a contingency, or conditional, fee. An assignment is not necessarily a sale or purchase, but it is a transfer of certain collection rights.

Because the assignee—in most cases—cannot provide the same services or products as did the original creditor, and because the assignee was not named specifically in the account agreement between the account holder (you) and the creditor, the assignee debt collector cannot legally enforce the debt collection. Another reason that the debt collector has no standing to enforce a claim against you is that, even if there is a written assignment agreement between creditor and collector, it was not something that you agreed to; therefore, it cannot be used against you. The collector chose to incur the debt, and did it at his own peril. The law does not allow the collector to recover his loss by suing you.

As well, creditors and collectors make insurance claims and tax deductions for “uncollectible accounts.” They do not stand to lose any money if you do not pay—but the real secret is that banks do not actually make loans. The customer who signs the promissory note or the application for credit is in fact the depositor who provides the funds for the "credit" account. In law, this is known as "failure of consideration" or "breach of contract" and violates disclosure obligations under the Truth in Lending Act (Regulation Z). Most people do not know this and that is why many collectors are able to collect. This is so true that you can legally maintain a claim against your bank or mortgage company for "money lent" because the bank owes you the value of your account. They obtained your money and property for free by accepting your credit application or depositing your promissory note.

The request for validation should not be sent to the creditor. We have another process we use when dealing with a creditor. It involves sending a notice of final payment with terms. The terms of this notice allow you to terminate the agreement as “paid in full” and have your credit rating restored once the creditor charges off the account discontinues collection efforts. Our program also shows you how to stop creditor and collector phone calls immediately. You will most likely end up with two charge-off items on your credit history, one from the creditor and one from at least one collector. The creditors can be removed or corrected to "paid as agreed" because of the final payment terms in the notice we have written. The collector's claim can be removed because it is not your account.

“The Million-Dollar Letter” is a template we have used in thousands of unsecured debt collections. It can only be addressed to the debt collector (assignee). 90% of the time the collector will stop all communications with you upon receiving it. In some cases you need only make a second request.

The Million-Dollar Letter is just one example of how simple it is to get out of debt and avoid lawsuits and protect your property and good name forever. It’s all yours.

[Subscriber]
[Mailing location]

[City,state,etc.]

[Collector]
[Address]
[City, state, ZIP]

[Phone number]

[Date]

Re: Inquiry dated ________: Account No. ___________

Greetings:

Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete the attached form and follow the enclosed instructions and your claim will be processed as soon as this information is received.

Please be advised that I am not requesting a "verification" that you have my mailing address; I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you.

You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me.

Your failure to satisfy this request in accordance with the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.

CREDITOR DISCLOSURE STATEMENT

Name and address of collector (assignee):
__________________________________________________ ______________
Name and Address of Debtor:
__________________________________________________ ______________
Account Number(s):
__________________________________________________ ______________
What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms.
__________________________________________________ ______________
Have any insurance claims been made by any creditor or assignee regarding this account? Yes / No________________________________________________ _____________
Has the purported balance of this account been used in any tax deduction claim?
Yes / No
__________________________________________________ ______________
Please list the particular products or services sold by the collector to the debtor and the dollar amount of each:
__________________________________________________ ______________
Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action.
X________________________________ _________________
Authorized signature for collector Date

Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required do***ents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts. Please allow thirty (30) days for processing after receipt of your request.

[Campy]

This is awesome. Thank you. Also, since this is my firstday as a member, I now have access to such do***ents only available to members of this forum. You are very kind to respond so quickly.

The only bad part about having my eyes opened in the last 8 months, is that its hard to focus. I have changed my paradigm, and even though its scary, it is finally answering underlying questions I have had since I was a teenager. I want to know it all, and I am beginning to realize it will take me years until I am proficient enough to apply the laws and rights the framers of this country have bestowed upon us.

Thank you for your help,

Campy

Is this CampyBob?

HB

[Campy]

Hey HB!

No, this is not Campybob, I hae been nicknamed campy since my older brother received it in the 4th grade. I am just plain Campy (although there is nothing plain about me, just every one else

Ciao
Campy

Also as the offer was unsigned, it qualifies as JUNK MAIL and is not a true bill as it has been NOT been presented properly in strict accordance with the UNCITRAL Convention on International Bills of Exchange and International Promissory Notes, 1988

http://www.jus.uio.nolmun.bills.of.e...1988/doc.html]

[Campy]

FM, could you re check that link? It wasnt working for me.

thanks

Campy

http://www.jus.uio.no/lm/un.bills.of...i on.1988/toc

Good Luck and you are welcome. Remember to send everthing registered.

All of us have had our 'eyes wide shut' for much too long and navigating this Babylon whore of a monetary system is perilous at best.

We all need help for that, even in the best of times. :-)

free_martha

[seeker]

http://www.jus.uio.no/lm/uncitral/doc.html

See if that will work for you.

I think I might consider adding

".....will be construed as your stipulation of absolute waiver of any ..."

we are learning that having the oppostion's stipulation is an important factor --- but I defer to more studious members -- imfree, vanton?

Seeker

[Campy]

Free Martha, Seeker (or anyone else)

Thank you for this informaiton, but I am afraid I dont understand the website. I tried to read the information within, but I cant find particulars to how it relates to this thread. I m sure it does, I just cant make the correlation becausae my eyes havent been fully opened.

Are there any explanation on how I take the links you both gave me and apply it to my corespondance with the collection agency? Also, since I am a novice, are there seminars out there or teachers who can help the lay person grasp the concepts without being a vetran student of the law?

All my life, I was taught to be strong and figure it out yourself. I am glad there are people like yourself, along with the other users of this site who know how to make someone feel omfirtable when they ask for help.

Regards,

Campy