kelly64 Posted July 3, 2003 Report Share Posted July 3, 2003 can any one help me locate ITS sample letter for collection agency ignoring my first validation and second estoppal and still verifying with TU and re-aging the account.THANK YOU in advance Link to comment Share on other sites More sharing options...
sisflomi Posted July 3, 2003 Report Share Posted July 3, 2003 Here is a strong estoppal co/creditreportrights.comSovereign DOMICILE: T 1N, R 11W, Sec 1 (c/o: Mail Box # 55555 Your St.) ( Post Office) County of (NO Z.I.P. code) Date 00/00/O3 P.O. Box 666 , Postal Zone 55555 By Registered Mail (R.R.R.)#Ê__________________ RE: "Account number XXXX XXXX XXXX XXXX" ESTOPPEL I received, without predjudice, your letter of 00/00/93 where you did not prove true and correct any of the demands in my NOTICE and DEMAND of 00/00/93; to wit: You did not: 1. Prove that you have not CREATED, LOANED and charged me INTEREST on 'CREATED CREDIT' as per several court decisions that have found this practice FRAUDULENT and USURIOUS; First Natl. Bank v. Monroe, 59 S.E. 1123; St. Louis Savings Bank v. Parmales, 95 U.S. 557; American Express Co. v. Citizens State Bank, 181 Wis. 172; and, 2. Prove that you have not CREATED THIS CREDIT AS A BOOKKEEPING ENTRY such as was done in the case of First National Bank of Montgomery v. Jerome Daly, Credit River Minnesota 12/7/1968, "Plaintiff's act of creating credit is not authorized by the Constitution and Laws of the United States, is unconstitutional and void, and is not a lawful consideration in the eyes of the Law to support any thing or upon which any lawful rights can be built"..."The bank had given nothing therefore nothing was all they were entitled to get back" and other such court cases; and, 3. Prove that you did not use "Fractional Reserve Banking Procedures" where you created "money" out of nothing on your books and records for this account; and, 4. Prove that you have given Lawful Consideration and Substance on this account as per the Constitution for the United States of America Article I Sec 10:1, "...gold and silver Coin...", and as per the Constitution of the State of California (1849) Article IV Sec. 34, "...for the deposit of gold and silver, but no such association shall make, issue, or put into circulation, any bill, check, ticket, certificate, promissory note, or other paper, or the paper of any bank, to circulate as money" and Article IV Sec. 35 "The legislature of this state shall prohibit, by law, any person or persons, association, company or corporation from exercising the privileges of banking, or creating paper to circulate as money."; and as per the U.S. Supreme Court decision clearly designating gold and Silver Coin to be lawful money in Bronson v. Rhodes, 74 U.S. 229, 247, 19 L. Ed. 141; "Lawful Money of the United States could only be gold and silver coin or that which by law is made its equivalent so as to be exchangeable therefor at par, and on demand, and does NOT include a currency which though nominally exchangable for coin at its face value, is not redeemable on demand.", and as evidenced when a Act of Congress in 1862 created "United States notes", and in doing so stated that coin (gold and silver) is the only lawful money as opposed to a creation by act of legislature (Congress), and as stated in Perry v. Washburn, 20 CAL 318; and, 5. Prove that you have complied completely with the Monetary Control Act of 1980; and, 6. Prove that you have a proper Charter to operate within California; and, 7. Prove that you have been properly bonded to operate within California; and, 8. Prove that you are complying completely with the Laws of the land in California and the Constitution of the State of California (1849), and not operating under laws of any foreign country or entity such as the District of Columbia or any other foreign country or entity regarding this "account"; and, 9. Prove that you did fully disclose all of the foregoing in any agreement or contract with Me; and, Because you did not prove the foregoing to be true and correct, no debt to you or contract with you exsists or ever existed; This suposed debt is void; You must now make my person whole by returning the entire amount paid to you under the heading of principal and interest, and then enter a ZERO BALANCE on this account and that you CLOSE and CANCEL this account forthwith, and correct by withdrawal of any and all information from any "credit reporting agency" that may have financial information for this "account"; and, I hereby invoke the doctrine of estoppel, I hereby invoke the California Constitution (1849) and I hereby invoke the Constitution for the United States of America on you; and, If you continue to try to extract any money from my person, I will consider it attempted Extortion and or Embezzlement and will bring lawfull action on any such crime; There may also be issues of Postal Fraud; Further "colle... Link to comment Share on other sites More sharing options...
sisflomi Posted July 3, 2003 Report Share Posted July 3, 2003 Here is its letter co/creditreportrights.comCollection Agency 104 E. road Harker Heights, TX. 12345 Re: Account # 4314-XXXX-XXXX-XXXX 06/24/2002 Collection Dept, I have tried repeatedly to get your company to prove that I owe this debt to you. The information I have been provided with DOES NOT satisfy the validation request. You allege that $797.11 is owed to you, but you have not sent me a print out of charges, any statements, receipts, or even a contract signed by me. Have payments been made? If so, by who? Who agreed to pay these charges? I didn’t. Who is Genesis Financial Services? I have never incurred any debt to a company by that name. These questions would be answered if you had responded fully to my original requests, which conveniently included a form requesting this information. Your failure to properly respond to the requests I have made over the past two months is completely unacceptable and I have reached the end of patience regarding this matter. In this light, it is my intention to sue Genesis Financial Services for its continued violations of the FCRA and the FDCPA. I will file suit in a U.S. District court for Dallas Texas on the morning of July 14, 2002 requesting damages and a trial by jury. Pursuant to the Civil Practices and Remedies code, I will cause process to be served to your company’s registered agent for service of process and file my suit. Although you have no recourse in law or in the facts, I am willing to entertain any pre-trial settlement offer you wish to propound. All future communications MUST be done in writing and sent to the address noted in this letter. Regards, Real E. Madd Link to comment Share on other sites More sharing options...
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