
03-28-2006, 11:46 AM
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Administrative Process complete-What next?
My wife and I have completed the administrative process with Bank of America and Chase (9k and 15.5k). BofA admited in a recorded phone conversation that they have received our BOE and it is in the "Executive Room". That was never heard again, it has been 3 weeks now, we get a collection call every other day like clockwork inwhich I point out that I have tendered via the BOE etc. etc. Chase has responded with letters during our administrative process that had nothing to do with the process, we accepted them for value and sent them back. After tendering the BOE, we received a rude unsigned letter from a financial counselor that the account has been closed. No further collections or adjustments have happened in a little over 4 weeks.
I know I am leaving some things out, but to keep from getting too long winded I wanted to work to my point.
We have since sent the required information to the Data Integrity Board with the request to investigate and send notice of default when it is found that the adminstrative process was followed to a T as well as both of these companies dishonor proven via the country recordes office as well as our notary and that we have stayed in honor at all times.
My question would be to anyone with experience up to and beyond this point of what is next and is there anything more that I may be overlooking in the process? I have telephone numbers to contact key people at the Data Integrity Board, do I call them? I have been told by some sources... they respond, but it takes awhile (approx. how long? weeks, months, years?)
In the mean time of course, the credit reporting companies have dinged our credit that was about 750+ down to below 400, any suggestions there? I do know what they are doing based on my common law copyright/trademark that they have been noticed with and they sent back to me stating they refused my request.... still can be enforced for their blatent violations... again... any suggestions? I do not want to go to war... I want to accept their offers for value and offset my prepaid account that has certainly been filed correctly to the best of my knowledge.
My wife and I are appreciative of any and all comments, suggestions, etc. that you may provide.
With Respect,
HTR
__________________
All truth passes through three stages.
First, it is ridiculed, second it is violently opposed and third, it is accepted as self-evident.
- Arthur Schopenhauer Philosopher, 1788-1860
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03-28-2006, 01:43 PM
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Practice Makes Perfect
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I suppose it never occurred to you that your "Bill of Exchange" idea never worked.
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03-28-2006, 02:07 PM
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Location: Virginia
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we get a collection call every other day like clockwork inwhich I point out that I have tendered via the BOE etc. etc. Chase has responded with letters during our administrative process that had nothing to do with the process, we accepted them for value and sent them back.
One thing I would like to point out. It's a small issue compared to the overall. Many here will tell you to never talk with anyone involved on the other end of your situation by phone. Verbal communication can, and likely will lead to mistakes. Tell them that all communications will through paperwork.
Anyone else want to this over and see if it would apply?
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03-28-2006, 02:10 PM
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Originally Posted by B Rookard
I suppose it never occurred to you that your "Bill of Exchange" idea never worked.
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I dont know why you are trying to provoke a debate... but the bill of exchange if tendered correctly has proven, court documented (I know... I know... like that matters) as well as dozens of success and use in the business world for hundreds of years.
Though... there is a very slim chance I have made an error in my Bill of Exchange....., Mr. Snow, Ira Hobbs, Bank of America, Chase, or their legal councils have never replied to my clear written instructions to inform me if I have made an error or if they refuse to adjust the account.
I appreciate getting at least one reply, I will hope I get more in the direction of suggestions etc.
As much as I love a good debate as the next person... save your energy for another person as I really want to apply my energy to not try and convince another person of my beliefs as I wouldnt want them to push theirs on me. I have done my research and believe in what I am doing, if you dont... thats fine, please dont buzz around my head... and I wont yours, this forum I will assume is for exactly the type of thing I am posting for, asking like minded others for support, suggestions, etc. If you are not like minded, you may want to try another forum that is more fitting to your thoughts as I dont think your policing here will change the thinking of many here.
HTR
__________________
All truth passes through three stages.
First, it is ridiculed, second it is violently opposed and third, it is accepted as self-evident.
- Arthur Schopenhauer Philosopher, 1788-1860
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03-28-2006, 02:16 PM
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Originally Posted by RickA
we get a collection call every other day like clockwork inwhich I point out that I have tendered via the BOE etc. etc. Chase has responded with letters during our administrative process that had nothing to do with the process, we accepted them for value and sent them back.
One thing I would like to point out. It's a small issue compared to the overall. Many here will tell you to never talk with anyone involved on the other end of your situation by phone. Verbal communication can, and likely will lead to mistakes. Tell them that all communications will through paperwork.
Anyone else want to this over and see if it would apply?
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Thank you very much for your reply.
I also was thinking of using that strategy. However, I have practiced my comments to those I deal with over the phone and I record the conversations. While I let them say what they want, when they are finished I simply state I have tendered payment and how, please note your records. They then state they will pass it on to their supervisor and that usually ends the call.
I took this advice from another person based on their success by actually making a call to Chase when they tendered their BOE, after the time had expired. Once he made his call, they then stated they were sorry for any inconvenience and they adjusted his account. (I wish I had it as easy as he did).
To avoid a wasted flame from those funny people that need to hang out... I know this person personally... physically watched their process in 2004, and again in 2005 as they eliminated the fraudulent "debts".
HTR
__________________
All truth passes through three stages.
First, it is ridiculed, second it is violently opposed and third, it is accepted as self-evident.
- Arthur Schopenhauer Philosopher, 1788-1860
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03-28-2006, 03:10 PM
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Practice Makes Perfect
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Join Date: Oct 2004
Location: Virginia
Posts: 491
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I realise my post didn't really offer much, but thought that was important. I have found myself saying things, verbally, I would not have otherwise, with matters totally unrelated and trivial, but that can occur no matter how prepared I thought I was.
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03-28-2006, 03:17 PM
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Quote:
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Originally Posted by RickA
I realise my post didn't really offer much, but thought that was important. I have found myself saying things, verbally, I would not have otherwise, with matters totally unrelated and trivial, but that can occur no matter how prepared I thought I was.
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I really am glad you replied. Any view... experienced or not, or just throwing from the hip is worth while. Sometimes we can "blurt" out the purest of thoughts on "autopilot". Also, 5 people can look at the same car.... and all 5 can see 5 different things, with this in mind, what you see, may save my butt from a simple mistake I may have overlooked.
Thank you for your comments.
HTR
__________________
All truth passes through three stages.
First, it is ridiculed, second it is violently opposed and third, it is accepted as self-evident.
- Arthur Schopenhauer Philosopher, 1788-1860
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03-28-2006, 08:06 PM
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Come and Get Some!
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Join Date: May 2005
Location: Water Wonderland
Posts: 1,185
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Be prepared to be contacted by debt attorneys at some point in the future. Those banks will sell your accounts boe or not to some thrid party debt collector. They have to after a 180 days past due time has elapsed. The investment prospectus that they file with the SEC will have that written in it. They have to do that to pay the investors their dividends. All moneys that came in, or are to come in are the property of the trust entity that has issued the credit accounts and as such the trust takes all of the assets out of the bank or lending institution and it is placed in the trust for the investment poole distribution. And so the investor doesn't get dinged for capital gains taxes the money taken in is listed as a "debt" (aren't they clever). So they have a interest in trying to collect past due accounts cause if there are too many defaults then the investors pay out may be reduced. These instruments are a generally sure fire pay out at the full amount type of investment. And if your a group A investor(big Spender$$) then you are garenteed the full amount short of an act of God. There have been trusts that have gone bust but not many. Usually the SEC will step in and take over the adminstration of the trust before it gets to that point. Can't let those millionaires lose now can we?
Start to prepare now so it won't be some chinesse firedrill when it happens. Take my word on this. There are good resources here and at your law library also Juris Dictionary can start to teach you procedure if you are unfamilar with court jive.
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03-29-2006, 12:01 PM
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Mental Jujitsu
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Join Date: Jun 2005
Posts: 901
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Quote:
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Originally Posted by hardtoremember
....
My question would be to anyone with experience up to and beyond this point of what is next and is there anything more that I may be overlooking in the process?
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At the risk of being blunt, you've accomplished zero.
The BOE "process" is legally meaningless and they've seen it often enough that they know how to proceed. For the amounts involved, you can rest assured you're going to be sued.
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Originally Posted by hardtoremember
I have telephone numbers to contact key people at the Data Integrity Board, do I call them? I have been told by some sources... they respond, but it takes awhile (approx. how long? weeks, months, years?)
In the mean time of course, the credit reporting companies have dinged our credit that was about 750+ down to below 400, any suggestions there?
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It appears they have labelled you a deadbeat for using a frivolous and completely illegal scheme for getting out of a debt.
Quote:
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Originally Posted by hardtoremember
I do know what they are doing based on my common law copyright/trademark that they have been noticed with and they sent back to me stating they refused my request.... still can be enforced for their blatent violations...
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There is nothing to enforce. You've fallen for another disproved and legally meaningless ruse. I only hope you didn't pay much for this version of an obsolete program.
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Originally Posted by hardtoremember
....again... any suggestions? I do not want to go to war... I want to accept their offers for value and offset my prepaid account that has certainly been filed correctly to the best of my knowledge.
My wife and I are appreciative of any and all comments, suggestions, etc. that you may provide.
With Respect,
HTR
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You're already at war - and you basically started it by firing blanks at the enemy. Within a few weeks, if not days, you'll be getting a notice that you've been sued and a summons to appear in either a court or in one of the arbitration forums. As evidence of your attempt to perpetrate a known fraud (BOE and a sham "administrative process"), they will probably present copies of the papers you submitted in the scheme to destroy what's left of your credibility.
That's the bad news. The good news is you may be able to actually have your credit score restored or at least improved by NOT letting it get to the arbitration or lawsuit stage, where you'll end up with a legally-recorded judgment that will haunt you for years.
If you and/or your spouse acquired products or services using the cards, and they can demonstrate with a preponderance of evidence that you did, the question eventually always boils down to your ability or wllingness to pay the debt.
The rest of the legal mumbo-jumbo doesn't mean diddly if you got stuff with the cards.
Willingness without ability or future ability often winds up not even going to court, i.e., if you don't have it and can't be expected to get it, why bother? A judgment against someone who has nothing and won't have much in the future is a waste of time and effort.
Ability without willingness is a loser in court, especially in a jury trial.
I wouldn't recommend an attorney in this one. You'd be coming to court with unclean hands so it would be hard to find one who wants to take such a case, and I would venture to say he or she wouldn't share your view of the law in this area.
The second real issue is whether or not you need to use credit in the future. A credit score of 500 is meaningless to anyone who isn't looking to borrow money, get insurance or look for a new job.
If you have an income or assets, and if you think you need to use credit in the future, the only viable legal option is to either pay as per the terms of the agreement or negotiate a reduction of the debt or the interest rate. It's now too late to get another loan to pay them; they've done enough damage to your credit score to prevent that.
If you don't make some kind of deal, depending on the state you live in, you'll wind up with a judgment which could involve wage garnishment of up to 25% of your income.
Again - the IF question is the key. Thousands of consumers get ripped off with bogus debt collection efforts every year, but those who can prove they didn't actually use the card or that the account wasn't their's make the collector's attorney look like an idiot if they decide to push it that far.
Under all circumstances, IF your case is legitimate, make them prove everything - don't help them out with goofy legal theories.
Last edited by Judge Roy Bean : 03-29-2006 at 12:03 PM.
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03-29-2006, 01:18 PM
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Originally Posted by Judge Roy Bean
At the risk of being blunt, you've accomplished zero.
The BOE "process" is legally meaningless and they've seen it often enough that they know how to proceed. For the amounts involved, you can rest assured you're going to be sued.
It appears they have labelled you a deadbeat for using a frivolous and completely illegal scheme for getting out of a debt.
There is nothing to enforce. You've fallen for another disproved and legally meaningless ruse. I only hope you didn't pay much for this version of an obsolete program.
You're already at war - and you basically started it by firing blanks at the enemy. Within a few weeks, if not days, you'll be getting a notice that you've been sued and a summons to appear in either a court or in one of the arbitration forums. As evidence of your attempt to perpetrate a known fraud (BOE and a sham "administrative process"), they will probably present copies of the papers you submitted in the scheme to destroy what's left of your credibility.
That's the bad news. The good news is you may be able to actually have your credit score restored or at least improved by NOT letting it get to the arbitration or lawsuit stage, where you'll end up with a legally-recorded judgment that will haunt you for years.
If you and/or your spouse acquired products or services using the cards, and they can demonstrate with a preponderance of evidence that you did, the question eventually always boils down to your ability or wllingness to pay the debt.
The rest of the legal mumbo-jumbo doesn't mean diddly if you got stuff with the cards.
Willingness without ability or future ability often winds up not even going to court, i.e., if you don't have it and can't be expected to get it, why bother? A judgment against someone who has nothing and won't have much in the future is a waste of time and effort.
Ability without willingness is a loser in court, especially in a jury trial.
I wouldn't recommend an attorney in this one. You'd be coming to court with unclean hands so it would be hard to find one who wants to take such a case, and I would venture to say he or she wouldn't share your view of the law in this area.
The second real issue is whether or not you need to use credit in the future. A credit score of 500 is meaningless to anyone who isn't looking to borrow money, get insurance or look for a new job.
If you have an income or assets, and if you think you need to use credit in the future, the only viable legal option is to either pay as per the terms of the agreement or negotiate a reduction of the debt or the interest rate. It's now too late to get another loan to pay them; they've done enough damage to your credit score to prevent that.
If you don't make some kind of deal, depending on the state you live in, you'll wind up with a judgment which could involve wage garnishment of up to 25% of your income.
Again - the IF question is the key. Thousands of consumers get ripped off with bogus debt collection efforts every year, but those who can prove they didn't actually use the card or that the account wasn't their's make the collector's attorney look like an idiot if they decide to push it that far.
Under all circumstances, IF your case is legitimate, make them prove everything - don't help them out with goofy legal theories.
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Thank you for your reply Judge (Thug) Bean,
While I would love to banter and humiliate you based on what your thug brothers have written (law and code etc.) that is the basis of what you call "meaningless" is based on. If I read the rules of the game Monopoly, and follow them exactly as written... is that meaningless? No, it is following the rules of the game.
Instead of bantering, show me the RULES, LAWS, CODES which claim a properly written and tendered bill of exchange is meaningless. I am only following the rules of what your thugs brothers have written, I paid no one for this education, and I am confident that the fraud you support will fall in my particular case as it has in many others cases. The Federal Mafia will fall, as do many other organized crime thugs have in the past for the very reason of greed that consists in your need to harvest the energy of productive human beings.
HTR
P.S. Maybe someday I will take the time to read back to you what you already know exists in your rule books. However, today I know it is a waste of time as you will lie, and stereotype anyone who follows these written procedures, acts, statutes, codes etc. into groups of either patriots, crazies, lunatics, christian finatics, etc. that the mind control media has put out as word association to discredit anyone exposing what you and your thug brothers/sisters have fruadulantly done by the barrel of a gun and by force.
__________________
All truth passes through three stages.
First, it is ridiculed, second it is violently opposed and third, it is accepted as self-evident.
- Arthur Schopenhauer Philosopher, 1788-1860
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