Greetings, I'm a new member and first posting.
First..a little background.
Long story but I lost my axx in a business deal in 2000. This is not debt created out of foolish consumerism, bad management, poor money/credit skills or even poor investment actions etc. Credit was used for development; operation and management of a business enterprise and an attempt perpetuate its existence. Since then...it has gone on to make well over 100 million...unfortunately without me....but thats another story.
Also, let me say that I don't feel good about not paying my debts, I have always been very good at handling my financial responsibilities. Although the losses were legitimate and I did not abuse the credit privileges that I had...I did borrow the money, I used it, I had agreed to pay it, I lost it and now I cant pay it....not yet anyway.
I had a perfect credit history and payment record up until 2001, I have been self endeavoring my entire life in various business enterprises, reasonably prosperous and self sufficient, I am 50 now and have nothing left. I have sold everything but reasonable and modest possesions in an attempt to satisfy and exist. I have been on an all cash basis of operation for years now and my operational history of success and prosperity was derived from my credit capacity that enabled me to be entrepreneurial developing new projects...now I don't have that either. This has caused great frustration and stress making it almost impossible for me to proceed into the future..I am somewhat desperate and "painted into a
corner" but still a little optimistic.
I have been able to hang on to my house that I built when I was twenty and still live in. Nothing fancy....small, humble and dry. I was only able to do
this by being "evasive and non-responsive" to previous attempts to collect losses created by the stated business failure of 2000. If I had filed bankruptcy...I understand that I would have lost the house too.
When I was in the first throws of this situation...BK seemed an option, afterall...everybody does it, right? Then I really researched it and discovered that BK seems to only serve those that plan for it in advance...I didn't.
The result would have been a seemingly perpetual slavery and real homelessness in my situation so...I took the "deadbeat" path and I hate it, it has about destroyed me mentally and physically but, I am still at home.
ThenI rean across UCC/Redemption, it seemed attractive because it seems to display a remedy for my whoas in that I could satisfy all the losses/debt to the holders satisfaction in an honorable way. It seems very complicated and reportedly wrought with peril. It is for these reasons and others that I have postponed the "leap" because frankly..I am weak at this point and could not survive an assault or spend my last years in court fighting ghosts. It also seems to require that I forfiet my Realty licence of 15 years...essentially taking me out of that business opportunity too.
My immediate problem requires that I make a decision on the issue at hand as described:
I received a letter from a local "feeder" reportedly representing Fleet Investments.
Do I respond to the collection letter from a local, aggressive attorney concerning an old $8000 account from Fleet (now owned by Bank of America)
that was sent to my name at the wrong address for an account where the last payment and contact with the OC was in 2001? The letter must be responded
to on or about the 13th of April if that is the right thing to do.
This may be the 4th or 5th different collection service/attny for this account since 2001, but the first in my state.
links represent their offices and the Attorney that sent the letter
Buffaloe & Associates website
http://www.bsattys.com/
Joel A. Vallejo
http://www.bsattys.com/jav/
As I have explained before....there were a lot of credit providers of which I had an account that were shorted after the 2000 effort. I did at one time have a Fleet Credit Card, the last payment activity on any of those accounts was July 2001, to the best of my recollection.
A couple of points......
Letter was sent regular mail, not certified and first and only contact.
The delivery address stated as mine is incorrect (stated as 9081 XXXXX...mine actually is, 9079 XXXXX, there is no 9081 address). (I have lived here 30 years so the postman just delivered it to the name)
The letter also assumes that I would have received the letter sent to the wrong address, it would be plausible that I didnt.
The letter from Buffaloe does not state the (or any) original Fleet account number.
The amount stated as owed is not specifically familiar but not unbelievable.
The statement within the letter, "In the event I do not receive payment in full or otherwise hear from you as requested above, I will recommend that my client file suit against you to collect. Please help to avoid this by cooperating as requested.", This may be a collection infraction(?) according to.....
It is also a violation to send a letter stating that the collector will "recommend litigation" or "advise the creditor to sue." Some of such correspondence has been found to violate the FDCPA because it, in essence purports to give legal advice to the creditor. The collector is not permitted to give legal advice, unless, of course, if the collector is an attorney himself.
Three to four years ago...Buffaloe attempted to foreclose on my second mortgage for Bank of America. I paid app. $6400 to stop that.
Now... all that being said, I have in the past gotten (and still do on occasion) lots of letters from collection attorneys and collection companies, probably 20 or more different companies over the last 4+ years. Some of the same accounts have been passed to as many as six different companies for collection, some have even revolved back to the same that tried years ago.
Typically, if they are out of state, (which they have all been till this one) I essentially ignored them and have not replied in any manner to any of them at any time in any way. I have not talked or resonded to any on the phone or by mail. I have not had credit, applied for credit or requested a review of credit reporting in any way since May of 2000.
I need these guys to "go away".
Since they have a "reputation" and they are "local" and they do "know me", I feel that I may need to be more proactive in this case before it gets to a point that my butt is dragged into court....if they get a judgement...I think I'm done. So, I guess a response of some kind (validation request/cease/desist/reject the attempted contract letter or similar) may be in order unless the "Wrong Address" issue would permit me to ignore this one as well.
I have not reaffirmed anything and have not knowingly contracted with anyone in these matters.
All that being said...I am open to the processes dicussed here and other locations and want to learn more about it..that's why I read and study every day.
I am fascinated with the UCC/redemption/cancellation materials available and have been reviewing as much material as my little brain can absorb for three
years. These concepts were discovered accidentally while looking for a way to resolve my financial problems in an honorable, legal and personally satisfactory way without rendering myself homeless and destitute.
There are aspects of it which just don't add up for me or I would have already taken the steps to gain sovereignty and separation from the corporate/commercial madness that is pervasive in our daily lives.
I have begun to take preliminary precautions in the form of check endorsements (stamp) etc but, I am state licensed (realty) for my livelihood and my perception of the material strategy is that I would have to relinquish that license/privilege to proceed.
Also...we still must function in commerce, use generally accepted currency, utilize 911 services, banking and post office services all of which seem to be in conflict with the UCC/redemption lifestyle. They don't make it easy do they?
I am sure that my understanding of these matters are flawed and incomplete but I am still trying to wrap my brain around the concepts presented and championed by so many brave souls.
I want to thank everyone here for their work and efforts and generally positive and compassionate attitudes, I thank you in advance for any advice and support you may offer and, I hope that I may one day be a significant part of the study here.
