Banks, Collectors, and CRAs Discuss the elimationa of secured and unsecured "debt", as well as tactics for dealing with debt collectors and credit reporting agencies.


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  #1  
Old 02-05-2006, 11:05 PM
dmc53 dmc53 is offline
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Join Date: Oct 2004
Location: North Carolina
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Collection Letter from Attorney

Long story short

Early in December 2005 I mailed a CPN to First National Bank to pay off a credit card. This was done in the style of CPN that Jaylon prepared for a friend who sent it as a stand-alone document and had some apparent success.

A few weeks later I received a couple of phone calls from them about the payment being late. I informed them that payment had been tendered in full and that I had verification of their receipt. I asked for a computation of the interest due so that this could be paid and the account satisfied. I then mailed a check to them for that amount.

I later received a new statement with late payment fees etc.

I then received a letter from FNB dated 6 January 2006 in which Jennifer L. O’Connor stated that FNB was in receipt of my “tender of a document purporting to be a negotiable instrument”. She then stated that “tender of this instrument as payment is hereby expressly rejected”.

She also stated that the original instrument was attached. She attached a photocopy.

Because I was entering new territory having sent the CPN with no other documents and did not have any time to research and plan a course of action I then sent a check in payment for the amount due per the statement.

I am now the proud recipient of a collection letter from an attorney here in North Carolina.
It goes like this:


Dear Mr. Doe:

My firm has been retained to collect the monies owed by you on your past-due account to First Nat. Bank Omaha. Your current balance is $XX,XXX.XX. Please send a cashier’s check payable to First Nat. Bank Omaha to our office at the above address for $XX,XXX.XX. Please send your payment within 30 days of receipt of this letter.

Unless you notify us within thirty days after receipt of this letter that the validity of this debt of any portion of it is disputed, we will assume that this debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. Also, upon your written request within thirty days, we will provide you with the name and address of the original creditor if different from the current creditor

Thank you.

Sincerely yours,


Debra S. Harpe
Attorney At Law



After several hours of research I have decided to prepare this letter to send to her based upon one found in the “Unsecured Debt Resolution Package” from “Law Research Group”




Via: U.S.P.S Priority Mail, Delivery Confirmation No. _____________________

Post Office Box XXX
XXXX, XXXXX
North Carolina Republic

6 February 2006

DEBRA S. HARPE, ESQ.
HARRY PAVILACK & ASSOCIATES, P.A.
Post Office Box 2212
WILMINGTON, NORTH CAROLINA 28402

Re: Alleged Creditor: First Nat. Bank Omaha
Alleged Balance Due: $XX,XXX.XX
Alleged file No: 06-45
Inquiry Dated: 27 January 2006

Dear Debra S. Harpe:

Thank you for your recent inquiry. This is not a refusal to pay, but notice that your claim is disputed.

This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form.

Be advised that this is not a request for “verification” that you have my correct mailing address. I am requesting a validation; i.e. 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 might constitute mail fraud under federal and state law.

Your failure to satisfy this request within 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.

Sincerely,



John Henry Doe



Enclosures: Collection letter dated 27 January 2006



I will also send the three-page “Disclosure Statement” referenced in the letter from the “Unsecured Debt Resolution Package”.

This appears to me to be the best course of action.

Comments please.
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Last edited by dmc53 : 02-06-2006 at 11:11 PM. Reason: removing personal information mistakenly included
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  #2  
Old 02-06-2006, 03:28 AM
idknow idknow is offline
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Quote:
Originally Posted by dmc53
Long story short

Early in December 2005 I mailed a CPN to First National Bank to pay off a credit card. This was done in the style of CPN that Jaylon prepared for a friend who sent it as a stand-alone document and had some apparent success.

A few weeks later I received a couple of phone calls from them about the payment being late. I informed them that payment had been tendered in full and that I had verification of their receipt. I asked for a computation of the interest due so that this could be paid and the account satisfied. I then mailed a check to them for that amount.

I later received a new statement with late payment fees etc.

I then received a letter from FNB dated 6 January 2006 in which Jennifer L. O*Connor stated that FNB was in receipt of my *tender of a document purporting to be a negotiable instrument*. She then stated that *tender of this instrument as payment is hereby expressly rejected*.

She also stated that the original instrument was attached. She attached a photocopy.

[cut]

She sent back a photocopy? LOL! thats highlarious!

So, if you had sent a FRN, and she did the same thing, would that mean that you got a photocopy of an FRN?

wait a second, WAIT A SECOND!

isnt that called forgery and counterfeiting?

LOL, that's rich!

maybe I'm wrong?
tell me. (grin)
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  #3  
Old 02-06-2006, 08:51 AM
dmc53 dmc53 is offline
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Join Date: Oct 2004
Location: North Carolina
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I did the LOL when I saw the "original photocopy duplicate" too. She would probably have kept the FRN and been as happy as a pig in mud. Sending a photocopy and calling it the original seems to me to be counterfitting and fraud at least. These thoughts are being held in reserve for the moment while I deal with the lyster/collector who has alleged a debt owed by me to FNB.

Thanks for the input and the humor
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  #4  
Old 02-06-2006, 12:38 PM
jerrypitts
 
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More Chuckle material

Considering that they (the collection agency) have no signed contract with your signature on it, you might consider sending them an Acceptance of Offer to Contract. I believe a copy is still in the download area. It is hilarious how these folks usually respond to such as I have indicated above.

Jerry.
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  #5  
Old 02-06-2006, 02:06 PM
Shoonra Shoonra is offline
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You already have a contract with the credit card company. There were some forms you had to sign to get the credit card. You would do well to review all of them (ask the bank, or the credit card company itself, for a set of all the forms used to get a card, to make sure you see a full set). The forms probably made it clear that you agreed to pay the credit card bills and, if you didn't, the credit card company could farm out the bills to a collection office and/or take you to court.

The collection agency doesn't need a contract between itself and you. There's a contract between you and the credit card company, and another between the credit card company and the collection agency. That's good enough.
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  #6  
Old 02-06-2006, 02:46 PM
saythis
 
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to my understanding, the key to verification of debt is that the collection agency has to provide the actual signed copy of the contract provided at the onset of the account. The thing is, they can't because they purchased the debt in the hopes that you will just lay over. There is no way that they have a copy of the contract itself, i thought that was the cornerstone to the whole idea of requesting "verification of the debt". the validity is in question, without the contract they have no recourse....that is how i understand the concept.....i am in a similar situation with a utility company. i sent them the VOD template in the dowload section which happened to include a promissary note for payment. i received a letter from an attorney stating that i am a person identified as "using fictitious bond language" they even went so far as to tell me : if you name the person who coerced you to do this, your role will be viewed as innocent bystander (paraphrase) the reaction was so odd to me...i am contemplating how to respond and if i should just pay to keep my lights and heat on....any thoughts?
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  #7  
Old 02-06-2006, 04:00 PM
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mrg mrg is offline
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Quote:
Originally Posted by Shoonra
You already have a contract with the credit card company. There were some forms you had to sign to get the credit card.

You would do well to review all of them (ask the bank, or the credit card company itself, for a set of all the forms used to get a card, to make sure you see a full set).

The forms probably made it clear that you agreed to pay the credit card bills and, if you didn't, the credit card company could farm out the bills to a collection office and/or take you to court.

The collection agency doesn't need a contract between itself and you. There's a contract between you and the credit card company, and another between the credit card company and the collection agency. That's good enough.

mrg does not presume to speak for dmc53.

mrg seriously questions the motives, and accuracy of Mr. Shoonra's statement to Mr. dmc53.

Does Shoonra presume to speak for Mr. dmc53?

Does it not seem that Shoonra does indeed presume to speak for Mr. dmc53?

Shoonra knows as a matter of provable fact in law that Mr. dmc53 already has a contract with the credit card company?

Shoonra was there?

Did dmc53 provide Shoonra with verification by affidavit, oath, or deposition any validation that Mr. dmc53 already has a contract with the credit card company?

Why would Mr. dmc53 not ask for the full set of forms that dmc53 actually or purportedly signed, rather than blanks, as Shoonra seems to suggest?

Do the forms actually make clear, or probably make clear?

And what governs the definition of "makes clear?"

Unsophisticated consumer?

Does Mr. dmc53 appear to be asking to apply for a credit card?

Do debt collectors need to fully adhere to FDCPA?

Do credit card companies need to fully adhere to TILA?

Do banks need to fully adhere to TILA?

Shoonra is in possession of truth as a provable fact in law that the debt collector has adhered to, and is adhering to FDCPA to the letter of the law?

Shoonra is in possession of truth as a provable fact in law that First National Bank has adhered to TILA to the letter of the law in its alleged contract, or other alleged dealings with Mr. dmc53?

Shoonra is in possession of truth in fact that the credit card company has adhered to TILA to the letter of the law in its alleged contract, or other alleged dealings with dmc53?

Shoonra is absolutely certain there is, as a provable matter of fact in law, a "contract between [dmc53] and the credit card company, and another between the credit card company and the collection agency?"

Shoonra was there?

And Shoonra hopes to accomplish exactly what by attempting to, and possibly succeeding to convince Mr. dmc53 to accept without question that there actually exists as a provable fact in law a valid "contract between [dmc53] and the credit card company, and another between the credit card company and the collection agency"?

Shoonra knows as a matter of fact in law that the referenced presentment Mr. dmc53 received is anything more than an allegation, or allegation of a claim, or an attempt by a third party debt collector to make a collection?

Shoonra has examined it and/or has first hand knowledge?

Shoonra knows as a matter of fact in law that Mr. dmc53 has no rights to see proof by valid substantiated verification of all claims, whether stated, presumed, assumed, implied, insinuated, assumed, etc., according to the operative law, and any other applicable law that Mr. dmc53 and his life, liberty, and property is protected by?

Shoonra suggests that Mr. dmc53 has no such rights to question allegations and alleged claims, and Shoonra has made a value judgement as to Mr. dmc53's character based upon unsubstantiated allegations?

Shoonra understands the concept of due process of law?

Shoonra is certain that dmc53 is not asking for due process?

Is Shoonra a bit presumptuous?

Does Shoonra not seem to have a proclivity for postulating and tendering presumptions, and then proceeding as if what is presumed, is fact?

What exactly is a credit card company?

What is a bank?

What is the difference?

What exactly is a contract?

What are all the conditions of a credit card contract?

Why would not Shoonra suggest that Mr. dmc53 acquire a lawful, authentic, acknowledged, certified, sworn, true, signed, and dated verified copy, (a well defined legal term) showing front and back, of those forms that Shoonra alludes to, that Mr. dmc53 allegedly signed as contract, and then compare each word, phrase, sentence, clause, paragraph, section etc., as well as the whole, and the parts of the whole in relation to the whole, with and against TILA, and any other law that may shed light in favor of Mr. dmc53's rights on the alleged claim?

Shoonra is not employing artifice to induce Mr. dmc53 to fall into error, or to detain him in it, so that he may make an agreement contrary to his best interests?

Last edited by mrg : 02-06-2006 at 07:42 PM.
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  #8  
Old 02-07-2006, 12:14 AM
dmc53 dmc53 is offline
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Join Date: Oct 2004
Location: North Carolina
Posts: 15
Jerrypitts,

I will check out the Acceptance of Offer to Contract in the download section. Acceptance is an area where I have questions. The dispute and verification request letter with the disclosure request form seems to me to give them something to work on. Odds are good that they will side step this and try to intimidate me into contracting with them in some other way.

BTW, how do these folks usually respond to the Acceptance of Offer to Contract? Where in the forum could I read about it's use?


Shoonra,

I have neither confirmed or denied the existance of a contract, I will only be requesting verification of such.


Saythis,

My understanding of verification is the same as yours.
Regarding the power company, I don't have enough details to understand your situation. You could always convert to a private power system.


mrg,

I always question Shoonra's motives so thanks for the detailed critique of that post. It is fantastic. I would never have taken that much time with it. If Shoonra's posts are written in good faith, then, OK. Otherwise, well, we all know that you reap what you sow.


Thanks to you all. Any more thoughts welcome.
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  #9  
Old 02-07-2006, 12:48 PM
saythis
 
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Saythis,

My understanding of verification is the same as yours.
Regarding the power company, I don't have enough details to understand your situation. You could always convert to a private power system.

Thanks! Your Private power system suggestion is intriguing!
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  #10  
Old 02-07-2006, 01:18 PM
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seeker seeker is offline
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Quote:
I then received a letter from FNB dated 6 January 2006 in which Jennifer L. O’Connor stated that FNB was in receipt of my “tender of a document purporting to be a negotiable instrument”. She then stated that “tender of this instrument as payment is hereby expressly rejected”.

She also stated that the original instrument was attached. She attached a photocopy.

Whoa! Go back to the original issue ... a letter to the nice lady to 'educate' her --
#1. Was the instrument presented for payment?"
#2. Was the NI rejected by the Drawee?
#3. If tender is rejected the ORIGINAL must be returned (perhaps a little education on "original" v "copy" would be in order).
#4. If the NI is rejected, the Payee must state WHY it is reject.
#5. The ORIGINAL is still out there .. WHO has it? Has it been converted? If this went to a bank, I'll bet is was.

We had a CCC that we submited an FBOE to; we had an online credit monitoring system; prior to the tender, the boxes were all RED -- (RED=BAD);after tender, the boxes were all GREEN -- (GREEN=GOOD). Not returned, not acknowldged, BUT The CRA reports balance 0. Debt attorney bought debt account and proceeded into court. Debt attorney + purchased debt + CCC 0 balance = FRAUD

ASK some questions -- after all they repeatedly use "OUR RECORDS SHOW .... " WHAT do YOUR records show?

TELL THEM and ask them to bring THEIR ceritifed, validated verification of their records! You will.
It's a put up or shut up thing.
We are pursuing presently.

Seeker
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