CPN returned & REJECTED comments please

#1 03-23-2004, 10:13 AM

Good day all,
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I received a dunning letter from a collector attorney a bit ago.& I followed up with a VOD and a CPN, like I always do.
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This is my situation.& Saturday in the mail I got my VOD and CPN returned to me with EVERY page stamped in big red letters REJECTED and the back of the pages stamped received <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:date Year="2004" Day="11" Month="3">Mar 11 2004</st1:date>.<o

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I know for certain that my tender of payment under HJR 192 was received and I also know that my good faith tender of payment for the alleged debt has been dishonored.<o

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My question is how do I stay in the up most of honor?& My thoughts are as follows:<o

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<LI class=MsoNormal style="MARGIN: 0in 0in 0pt; COLOR: black; mso-list: l0 level1 lfo1; tab-stops: list .5in">Send notice of dishonor.<o></o></LI>
<LI class=MsoNormal style="MARGIN: 0in 0in 0pt; COLOR: black; mso-list: l0 level1 lfo1; tab-stops: list .5in">Send a thank you note to the attorney for dishonoring the instrument, because according to my state code Title 30 § 604 (2) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender.& While I am on the subject of code I also found in my state code under Title 30 §419 (1) (1) the measure of liability is presumed to be the amount payable on the instrument, BUT recovery MAY NOT exceed the amount of the plaintiff’s interest in the instrument.<o></o></LI>
<LI class=MsoNormal style="MARGIN: 0in 0in 0pt; COLOR: black; mso-list: l0 level1 lfo1; tab-stops: list .5in">Would I just wait until their next correspondence, and at that point pass along the code stating that if an instrument is dishonored, there is discharge?& From experience I bet I get passed off, sold to, another collector.& If I had five Federal Reserve notes for every collector I have delt with it would really help cover the cost of certified mail.<o></o></LI>
<LI class=MsoNormal style="MARGIN: 0in 0in 0pt; COLOR: black; mso-list: l0 level1 lfo1; tab-stops: list .5in">I think I might even to a business search at the Secretary of States office to see if he is licensed to do business in my state.& I am really thinking not, their office is located more than half way across the country from me.<o></o></LI>

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Verina <o

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#2 03-23-2004, 10:40 AM

Hi, Verina,

I really can't offer much wisdom here, but I would most definitely write and ask for a copy of their license to do business in your state. I would hope they wouldn't find that simple request too much to handle. (Did that for a third-party collector re state income taxes and never, ever heard from them again.)

These people are so arrogant! Always falling back on their perceived "power" to try to make us do anything and everything they "decree."

Randy

charlene · #3 03-23-2004, 10:52 AM

the same thing happened to me. I did not have rejected on my docs, they just returned them. I waited the 21 days and sent them their default and dishonor notice.

I also sent a copy of my copyright. I informed the rats that they were in violation of the FDCPA.& So they sent it to a Lawyer Collector, I sent him a copy of VOD package.informed him- in the state of Maryland they could not do business in my state and that I would be most happy to send a letter to US Department of Commerece,Collecting funds across state line can be a very serious offense, when not registered with SOS to

do business in this state OHIO.

I have not heard from them again. I honored and they dis-honored the debt is paid. Hope this helps.This was

done in Jan we are now at the end of March.

Charlene

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Ice · #4 03-23-2004, 10:59 AM

The debt has been discharged.

Use Affidavit form... there is one that you can modify for your situation located in the download section.& This will be part of your documentation to demonstrate the collector admits and confesses to&judgment and estoppel in your favor.

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#5 03-23-2004, 10:00 PM

Thank you all for your comments,

I did find the Affidavit form in the downloads and modified it for my situation.

Cannot thank you all enough!

Verina