simple Affidavit of No response question

[scottinalaska]

I finally sent a VOD to one of the CC agencies. I was not late on payments or anything. I went ahead and splurged on Jason's "Unsecured Debt Package"
It is certainly not "Jersee style", being 15 pages in length. But it covers a lot of ground. I proofed it, made a number of grammatical corrections, spellings, and footnotations-that-led-no-where eliminations.
But that aside, it is quite a work. And I trusted it enough to mail her off with my novation and final 25 dollar payment.
It is approaching 30 days now with NO response.
It appears that Jason recommends getting an Affidavit of NO Response done.
But then what? Submit it to an Arbitrator? Mail it to the Billing Dispute dept? I am kind of lost here as to what to do next.
And yes, I know, I should ask the author of this method, but as some of you are surely aware, responses can be sporadic(my, that was a generous statement!)in my experience.
The nice part here is I will post my progress with this "Pay your fee, and see if IT will make you free!" program!
Well, any thoughts welcome. Timeliness is an issue here, I am sure.
scottinalaska

[jaylon]

The alleged creditor is alloted 10 days to respond, throw in a couple days for delivery and you can round it out to about 16 days in my opinion.
At that point, (according to the directions provided with the package) you should send out the affidavit of non-response.
If you used a third party witness and fudiciary mailing agent, you have him/her prepare it and send it to the alleged creditor.
Next, read the SPOA (Specific Power of Attorney) and use the powers that you have now been given by the non-response and tacit agreement of the alleged creditor to create your remedy to you liking.

I have used it several time, getting more than "we have no record of a valid dispute on file" from the alleged creditor, is not likely. However, I'm sure in some instances it's quite possible.

They will more than likely trash your credit and assign it to a debt collector. You must remember that you have already exhausted your administrative remedy, they have defaulted and waved all rights to collect. If it goes to a third party, use the docs in the package which are taylored for a third party collector.

Use the docs to get your credit corrected as well, it's not easy and it may be a fight, however if you have enough courage to send the package out then you must be prepared for anything they try to throw at you.

Try grabbing the DVD for the package, it's informative and it answered all of my questions.

[charlesa6]

Jaylon, right on the money,but you can get rid of debt collectors anytime of the day.

[scottinalaska]

This is amazing.
I spoke with yet another phone call agent from the CC company two weeks ago and read the "do not call...I have a written this to you, don't you have it?" to him. This agent told me, he didn't have it and asked where I mailed it. I told him to the only address I had, the billing dept. He gave me a different box number to mail it too. I told him out of courtesy, I would CC them the same packet.
After I got his name and employee number, he told me to hold while he got his manager. After 2 minutes on hold, I hung up. The next day, another person on the phone. Got her name and employee number and immediately told to hold for the manager. After 2 minutes on hold, hung up.
BUT TODAY, I get a fat packet that cost 9.00 to mail to me from the CC company! It is copy of EVERY check and statement I have ever mailed to them for the past 6 years! No cover letter, no certified to sign. Just a stack of copies more than an inch and a half thick!
Uh, I don't think they answered the questions I needed answers to, but it was nice of them to send me firestarter. It gets cold up here!
I believe my next step is to use the power of attorney to go ahead and close this account for them? Yes? Any further thoughts?
scott

Originally Posted by scottinalaska

I finally sent a VOD to one of the CC agencies. I was not late on payments or anything. I went ahead and splurged on Jason's "Unsecured Debt Package"
It is certainly not "Jersee style", being 15 pages in length. But it covers a lot of ground. I proofed it, made a number of grammatical corrections, spellings, and footnotations-that-led-no-where eliminations.
But that aside, it is quite a work. And I trusted it enough to mail her off with my novation and final 25 dollar payment.
It is approaching 30 days now with NO response.
It appears that Jason recommends getting an Affidavit of NO Response done.
But then what? Submit it to an Arbitrator? Mail it to the Billing Dispute dept? I am kind of lost here as to what to do next.
And yes, I know, I should ask the author of this method, but as some of you are surely aware, responses can be sporadic(my, that was a generous statement!)in my experience.
The nice part here is I will post my progress with this "Pay your fee, and see if IT will make you free!" program!
Well, any thoughts welcome. Timeliness is an issue here, I am sure.
scottinalaska

.................................................. ..........................
.................................................. ..........................

WOW,...15 pages?!!! I needed only two pages.
Like you , I was not in arrears to my CC company, but placed the balance in dispute and [being nice] requested a statement of account supporting their claim of the amount owed, and a copy of the debt instrument that caused the debt.
A simple statement that 'failure to rebut the issues shall constitute a legal admission that my facts are true and establish equitable estoppal if these issues are cited in the future.' I also stated that 'notice to principal was notice to agent, notice to agent is notice to principal.'
I allowed 14 days, not counting the day of service to respond, and an offer to extend the deadline if required.

After a wait of 30 calander days, I submitted a 'Notice of default' letter, with a 10 day deadline. Both letters were sent 'return receipt requested'-[I have both signed cards filed]

The last RRR card was recieved by me about 6 weeks ago. Since then I have not recieved the first statement, letter or bit of communication from them. OOPS, I almost forgot, a few days after the 10 day notice of default letter was sent, I got a bill from them, which I returned with a check for a nominal amount, with the notation "Satisfaction and Accord for account #xxxx", both on the front and above the endorsement area on the back. The CC company used the ACH method to 'cash' the check, so the only proof of that endorsement is on my duplicate.

So far, so good, still I need to check my credit report to make sure no adverse entries are made, but I can rebut them if I find any.

Greg 2

[scottinalaska]

I have still gotten a couple of bills, with interest rate now defaulting up to 31%, but now I have a letter. This is great:
Dear scottinalaska,
Are you working through your 2005 tax return(yeah, right) and wondering what to do with your refund?(decisions,decisions)...we may have just the plan for you.
If you can pay $11,579.00, which is only 70% of the balance, we will consider your account settled.. This could save you $4,963.38!
What a sweet letter! I have sent letters of nonresponse and am now at the point where I believe I use the power of attorney granted to me by their nonresponse to close this account for them. Ah, how sweet of me!
This "closing of the account" may be rife with conflict that I am not prepared to figure out, so I do contemplate telling them to save us all the hassle and embarassment, I'll cut them a deal for 30% instead!
Any thoughts?
scottinalaska

[charlesa6]

Originally Posted by scottinalaska

I have still gotten a couple of bills, with interest rate now defaulting up to 31%, but now I have a letter. This is great:
Dear scottinalaska,
Are you working through your 2005 tax return(yeah, right) and wondering what to do with your refund?(decisions,decisions)...we may have just the plan for you.
If you can pay $11,579.00, which is only 70% of the balance, we will consider your account settled.. This could save you $4,963.38!
What a sweet letter! I have sent letters of nonresponse and am now at the point where I believe I use the power of attorney granted to me by their nonresponse to close this account for them. Ah, how sweet of me!
This "closing of the account" may be rife with conflict that I am not prepared to figure out, so I do contemplate telling them to save us all the hassle and embarassment, I'll cut them a deal for 30% instead!
Any thoughts?
scottinalaska

They do this during the tax season, thinking you might used your refund to settle the debts. If you get the kudos might just give them a slack.
Debt collectors, used the same tactics too.

[scottinalaska]

I just got a short letter from the Senior Vice President, M. Pritchett, of Providian Washington Mutual today(March 23) dated February 23 telling that my "Visa Credit Card account is now closed.... Call if you have questions...We thanks you for having been a cardholder and look forward to future opportunities to serve you."
That's it.
My first letter went out to them disputing the 15K on the card on January 3, 2006. I have been diligent to send out no response letters.
No third party debt collector calling. No threats of turning it over to them. Just closed. I haven't even called the CRA to close it yet.
Is this a success or the calm before the storm of third party debt collectors. Anyone know?
Scottinalaska

I guess you need to look up your state's SOL. You could try to hold your breath till then.

If someone comes calling, send them a copy of the account closed letter.

Sounds like you did OK

[charlesa6]

Originally Posted by scottinalaska

I just got a short letter from the Senior Vice President, M. Pritchett, of Providian Washington Mutual today(March 23) dated February 23 telling that my "Visa Credit Card account is now closed.... Call if you have questions...We thanks you for having been a cardholder and look forward to future opportunities to serve you."
That's it.
My first letter went out to them disputing the 15K on the card on January 3, 2006. I have been diligent to send out no response letters.
No third party debt collector calling. No threats of turning it over to them. Just closed. I haven't even called the CRA to close it yet.
Is this a success or the calm before the storm of third party debt collectors. Anyone know?
Scottinalaska

Why don't you check with CRA, and find out if any derogatory on your record.