Collection attorney letter

[seeker]

There should be some stuff in the download section -- by claiming 'special appearance' you eliminate their 'assumption' that you are their by 'general appearance' thus, on the surface, giving them jurisdiction over your person.
Check out Akira's OAS win in the success forum too.

You need to be clear who you are, WHAT you are and What you are willing to give to them, or to demand from them. There is a wealth of info on this stuff here, but ya need to search and find, then adapt!

Seeker

[Texasgil]

I have sent them two separate requets for validation of this debt,both by certified mail, with no respones untill today I recieved a letter from an Attorney, which states the original contract we entered into with Chase Manhattan Bank USA, N.A. provides for the resolution of claims or dispute by means of binding arbitration. Then ayt the bottom of the letter it says that if they don,t here from me in thirty day,s they will assume that the debt is valid
unless I dispute the validity of the debt. Ihave done this on two sepeate occasion with no response from them other than this letter.

ANY SUGESTIONS ON WHAT I SHUOLD DO!!!!!

[seeker]

'thank you for your correspondence which is unresponsive to my request. Please produce said original contract for reivew as requested. Until such time as you honor my requested for certified verified validation, I cannot ascertain the nature of your claim. Please respond as originally requested within 10 days or it will be taken as your stipulation that the debt and'or account cannot be so validated by original contract production and the matter is settled and closed."

Something like that -- maybe a cite or two if you feel the need -- as per the FDCPA -- they will keep asking until you either give-up and don't respond, or take it to the next level. Your call.

JMHO

Seeker

[Texasgil]

Thanks for the info!!!!!!!!

[dadmoonbunny]

I went to the members download section and downloaded the affadavit of special appearence. I changed it from the traffic example, but kept the lack of permission for usage, and in place of the officers name, I plugged in the name of the vultures.

I have been reading Crofts book on shutting down the bureaucracy, and it says to also ascertain if the folks that are filing against me or the attornies have a license to operate in the Republic I am in, . I plan to request whether or not either party has a lic. to operate.

The representative from the law firm against me has his name on the affidavit in Upper AND lower case letters. Think they are trying to use our tools against us now? If so, this may be a new idea that we will collectively have to deal with. His Law firm has its name in all caps.

I also plan to file a petition with the court for dismissal due to lack of claim on which relief can be granted. I am firming up all of my paperwork now, and will keep posting with results.

I have not filed my UCC, or any other papers. I suppose I shall have too, now. In for a penny, in for a pound. Prayers are requested.

Sic Gorgiamus Alus Subjuctatos Nunc

[masterduke]

In the book "Handling the collection case in Michigan a Creditors Guide" written to assist bloodsucking ticks (debt attny) they will view your proposals as mere "stall tactics" they have seen it all and think they know it all. Maybe filing a conterclaim against the original crediter (they don't like that) it then has to be handled by the debt attny as a seperate case. in the book it states that debt collection is a routine matter and is nearly always winnable for them. 90% to 95% of people do not even show up for their summons and complaint hearing, an automatic win by the debt attny. and all others they see as a win also with a few exceptions. That is why they send the greenhorns to court because its so cookie cutter, by nature. The trust Prospecus which is what "owns" the cerdit card/bank etc holds the key. There is info in there that states that the bank c.card is only the "servicer" of the account
and that all recievables that came in, or are to come in are Immediately placed in the trust and recorded as a sale to the trust so all of your credit card accounts are a $0 dollar amount. So what did the collection/debtattny buy? They bought an "empty account" But you need to know what you are doing and why you are doing it. How to present That and how to Prove that. Did the debt attny/collector buy that from the cc bank? Did the credit card bank get the recievables back from the trust? What did credit card bank sell to the plaintiff? The Creditcard account? Theres NOTHING in the credit card account anyway, no one had been using it. It had been charged off for the trust. "We bought the credit card account" (debt Attny) Well the credit card account was empty anyway, even if all the recievables had been paid in for any and all the use. Because all those recievables that came in and are to come in are the Property of that trust. This is what the Investment prospectus report, for that cerdit card, which is filed with SEC a "federal agency", says right in their own lititure. (also gives the investment poole share holders a tax write off since it is listed as a debt to them. interesting?)
hope this helped. SEC website using "Edgar" the search engine find the trust that was in place at the time that you had your alleged "account"
Aloha and God Bless

[dashboy]

Masterduke has hit it right on the head! What they are reporting to the regulators and what they are saying in court are two different things! Use the FOIA to get the info from the regulators!


dashboy~

[seeker]

Dashboy;

Could you elaborate on the FOIA request? To whom does it go and what is requested? I always wanted to do this for the CCC, but I didn't know WHAT I was asking for specific to my case!

Thanks!

Seeker

[dashboy]

Sure I can, but you need to know who your banks regulator is, then you can write a letter similar to the one attached. However,you can find alot of stuff online as well.

SEC: http://www.sec.gov/edgar/searchedgar/companysearch.html Look for an application or Registration form the bank filed with the SEC. This is a lot of times called an 8A form. If not, look for it by name instead of form number. 424 Form, This is the bank's Prospectus. It tells what they are selling etc. This will tell you who really is holder of the rights, title, and interest (ownership) of the security (debt obligation/note you signed). This one spells it right out. I found this one to be good as well
SEC INFO: http://www.secinfo.com/

.
These forms are sometimes over 100 pages long so it may take time to sift through them. The point here is to find out EXACTLY who you are dealing with. Is it an agent? Is it a Servicer etc?


FDIC http://www2.fdic.gov/idasp/ First to find out who exactly the company is and WHO owns them. Ie: Holding company and owners names. Then go into: http://www2.fdic.gov/call_TFR_Rpts/search.asp There are several forms that may come in very handy here too.
Look for an RC-T for starters. This will let you know if the bank has fiduciary rights to begin with. This will prove 2 things. How can a company/bank have, or not have, fiduciary powers unless they are an agent for someone else? Great questionto ask them!! Also once this is established a lot of times you will find they do not have fiduciary rights. Well if this is true, why are they in court stating you owe THEM? Did they lie on the form to the FDIC or are they lying now in court?


Federal Reserve Bank: This will confirm the FDIC and the FRB are the same and accurate according to what the Finance Co sent to the Fed. http://132.200.33.161/nicSearch/servlet/NICServlet?$GRP$=INSTSEARCH&REQ=DOM&MODE=SEARCH
Look for similar documents that are also found on the FDIC site.


Mortgages: See HUD YOU MUST DO A FOIA FOR THIS ONE. NO INFO IS ONLINE FOR THEM
A. This form is an application to be a GSE issuer.
B. The Directors Oath and signature forms.
C. The Commitment and guarantee from the Comptroller of Currency to the GSE.
D. This one is a master Servicer agreement between the Comptroller of Currency and the GSE.
E. The Release of docs between the Comptroller of Currency and the GSE.
F. The Principle P&I Servicer form by a Comptroller of Currency to a GSE.
G. The Debit Authorization. Where did it go?
H. The release of interest? Whose interest and who has it now?
I. The Certificate and Agreement
J. Mater Custodial agreement between the bank and the GSE.
K. The Servicers Escrow Custodial account between the Comptroller of Currency and the GSE.
L. The Deposit agreement. This one actually states the Comptroller of Currency has release all rights, title and interest over to the GSE. Who owns it again?

A few more sites I like for research but there may or may not be a fee:
http://www.knowx.com/ucc/search.jsp
http://access.edgar-online.com/

Also remember that this is not a privacy act request, so they will not send you specific personal info about your accounts. You must use your states equivalent for that stuff and send it to your states SEC equivalent dept.

I hope this helps!

dashboy~

[dashboy]

Also,

dont forget to either get it notorized or add some type of pucture ID with it, especially if you are doing a privacy act request.

dashboy~