
06-15-2005, 04:44 AM
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Unplugged
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Join Date: Oct 2004
Location: Arizona State
Posts: 72
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CPN returned from Debt Collector
If this is not the right place, please move it.
I have recieved a reply from ACADEMY COLLECTION SERVICE, INC.
They returned my CPN for the following reason:
We are not authorized to accept this form of payment. We recieved your dispute and are requesting verification from the creditor.
The alleged creditor is WACHOVIA. The form letter was not signed.
I did a search on this forum and couldn't find anything that seemed relevaent and I am looking to see what people have suggested to do after they had a CPN returned for non acceptance of form of payment.
If someone could point me in the right direction, I greatly appreciate it.
Thanks,
Chuck
__________________
"Nothing real can be threatened.
Nothing unreal exists.
herein lies the peace of GOD" - A Course in Miracles.
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06-15-2005, 04:54 AM
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Mental Jujitsu
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Join Date: Oct 2004
Location: near .. illinois
Posts: 864
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UCC 3-603 Tender of Payment
Check out --sub (b) -- you tendered payment, they refused -- you have their letter saying they refused -- therefore, the debt is discharged. I'm sure others will have more guidance here (Jerseee?)
Seeker
3-603
Sec. 3-603. Tender of payment.
(a) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.
(b) 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, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.
(c) If tender of payment of an amount due on an instrument is made to the person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.
__________________
"A person cannot cling to anything unless she believes in it; belief always precedes action, therefore a person's deeds and life are the fruits of her belief." - Above Life's Turmoil
When every single thing you do aligns with your values,you will be among the happiest people on this earth. - Peter Thomas
Best-selling author, Century 21 world brand developer, Four Season hotel developer, and mega-success story
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06-15-2005, 05:04 AM
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He heh.
Seeker is right on.
You need to reply ASAP with certified mail, in an affidavit form, stating that the Debt Collector returned your tendered payment.
Refuse any counter offers that they sent you for cause, and let them know that you consider the debt discharged, and copy "WACHOVIA" on your communication (CERTIFIED RETURN RECEIPT also)
They just gave you a golden goose egg.
Then whistle, and smile when you get the green Domestic Return Receipt back.
You just had a good day...
I am feeling faint... Tell me again, did they use the word "payment"?
Henry Franklin
P.S. Chuck, any way you can post the contents of the letter verbatim without your private information on it? I'd like to use it as a wallpaper.
Seriously, it may be a very good example if you could do it.
Last edited by HenryBowman : 06-15-2005 at 05:20 AM.
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06-15-2005, 06:43 AM
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Unplugged
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Join Date: Oct 2004
Location: Arizona State
Posts: 72
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Thanks for the info. I will reply to them.
[QOUTE=HenryBowman]
I am feeling faint... Tell me again, did they use the word "payment"?
[/QOUTE]
Yes they did! I will get this uploaded soon.
Thanks again.
__________________
"Nothing real can be threatened.
Nothing unreal exists.
herein lies the peace of GOD" - A Course in Miracles.
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06-15-2005, 12:06 PM
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Is there a dictionary here?
To show my complete ignorance, can someone tell a newbie just what a "CPN" is?
It took me a week to figure out "FRN"
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06-15-2005, 12:44 PM
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cpn
im going thru something now as we speak with a cpn. the creditor is trying to get me to recontract back into the debt. they said i was playing games. i said, well, if your position is legally correct, then disregard the note and move on forward with collection. they havent billed me in over a month. hmmmm.
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06-15-2005, 12:59 PM
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CPN= Certified Promissory Note.
Don't feel bad Hillbilly, I have been here over a year, and I still have to have reminders.
They say your memory is the second thing to go.
I can't remember what the first one is.
Henry Franklin
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06-15-2005, 04:56 PM
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Practice Makes Perfect
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Join Date: Oct 2004
Posts: 228
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Legal Document Abbreviations
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06-16-2005, 03:50 AM
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Thank you so much
Thank you, Mr. Henry and test.
I printed the list and now feel less like I am trying to speak a foreign language.
This is an impressive alphabet soup, indeed.
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