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Sis - Help NOC


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OK, I thought these people went away - well guess that was wishfull thinking on my part.

Last year we had a problem with Company called Hughes Network Systems aka DirecWay - ISP from Hell.

We have legitimate disputes - even tried BBB - no avail, got exasperated with their games and give up. I can't find contract anywhere, even tried combing their site for such a thing to no avail. But I would think that their failure to uphold their end of the contract - should of voided it out.

We canceled service because - they could not fix the problems and we where just getting no where, well they sent one bill which was not on credit report so I paid it - about $20.00

Now, they send second bill for almost $500, that I will not do - by their agreement, failure to keep service results in a automatic $400 fee, but as of yet, they have already accomplished stealing money from our credit card account - which by my estimates should make this balance a whole lot lower then they are showing. I will have to do some digging around for all of the past credit card statements to figure up as of yet what they have got away with. Our disputes where granted - then later reversed. :evil:

This letter says nothing about rights to validate debt, I can hunt the other one down, but don't know if they are considering the first bill to be notice for this second one - to me they were seperate letters - since they did not have this amount included on the first bill.

I don't care about the signed contract part - I want a billing & payment history :!: If I could of found that darn contract I would of already gone to the court house to file a judgement against this company. I am not even really sure what all I need to make a good case - since most of my story is just hearsay. No documentation - since everything was done over the phone, I do have past phone bills Cell Phones to show for this part. And our scribled notes on the matter.

NOC don't bother me, but Direcway does, I would like to take them down somehow - :twisted:

Anyway - can you help me, with the Debt Validation part, I know I don't pay attention in class well on the letters used, and know there are so many samples, I guess I need one of these to get the ball going.

Know the last time I spoke to NOC I told them, they should have more pride then to work for Direcway!

Thanks, in advance for any help on this matter.

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I can't believe you are still having to deal with this. Here is the first letter, if this don't work, I will post a second letter to use.

Your Name

123 Your Street Address

Your City, ST 01234

Big Bad Credit Collector

Their Street Address

Some City, ST 56789

6/8/1999

NOTICE

This notice is my response to your unsigned letter dated May 28, 1999 [copy enclosed].

As I have no account with you, nor am I your customer, nor have I ever entered a contract with you, nor have I ever even heard of you, I must ask you to provide the following information:

1. Please evidence your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter.

2. What is your authorization of law for your collection of information?

3. What is your authorization of law for your collection of this alleged debt?

4. Please evidence your authorization to do business or operate in this state.

5. Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.

You have 30 days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter in error, and that this matter is permanently closed.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

I affirm, under penalty of perjury under the Laws of the Land for these United States of America, that the foregoing is true and correct, to the best of my knowledge and belief.

Witness My Hand and Seal this 8th day of June, 1999.

your signature

Your Name

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Letter 2

Your Name

123 Your Street Address

Your City, ST 01234

Big Bad Credit Collector

Their Street Address

Some City, ST 56789 7/18/1999

NOTICE

This second notice is my response to your unsigned letter dated May 28, 1999 [copy enclosed].

As I have not heard back from you in over 30 days since my notice of dispute dated 6/8/1999, and since you have not supplied the demanded proof of the alleged debt, under the doctrine of estoppel by silence, Engelhardt v. Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists.

In a good faith effort to resolve the matter amicably, I restate my demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action, and correct any erroneous reports of this debt as mine.

For the record, I state again: As I have no account with you, nor am I your customer, nor have I ever entered a contract with you, I must ask you to provide the following information:

1. Please evidence your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter.

2. What is your authorization of law for your collection of information?

3. What is your authorization of law for your collection of this alleged debt?

4. Please evidence your authorization to do business or operate in this state.

5. Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.

You have 20 days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter in error, and that this matter is permanently closed. Your continued silence is unacceptable. Either provide the proof, or correct the record to show this debt as void.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

I affirm, under penalty of perjury under the Laws of the Land for these United States of America, that the foregoing is true and correct, to the best of my knowledge and belief. Witness My Hand and Seal this 18th day of July, 1999.

your signature

Your Name

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You can send this one to directway if you want. Maybe get letters out to the ca and oc at the same time.

Company

Address1

Address2

City, State Zip

Date

RE: Account XXXXX-XXXX-XXXXX

Dear Sir/Madame:

I am writing to dispute the account referenced above. I have disputed this account information as inaccurate with the credit bureaus <insert names of credit bureaus here>, and you have been able to verify this debt. How is this possible? I was <not late> <this is not my account> <I am only an authorized user>.

In the event that you can not verify the item pursuant to the FCRA, and you continue to list the disputed item on my credit report I will find it necessary to sue you for actual defamation damages and declaratory relief under the FCRA. According to this regulation, I may sue you in any qualified state or federal court, including small claims court in my area. You have severely limited my ability to <purchase a home> <get a job> <get a credit card>.

In light of the recent court case opinion No. 00-15946 CV-99-00290-D.C. by the US Court of Appeals 9th Circuit, Nelson Vs. Chase Manhattan, the court ruled that the creditor has the responsibility to investigate and make sure that correct information is being reported to the bureaus, and that the consumer has a right to sue under the FCRA, should his or her rights be violated.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FCRA.

I look forward to an uneventful resolution of this matter.

Sincerely,

Signature

Your Name

Your Address

City, State Zip

Enclosures <you can enclose a copy of the court case referenced above>

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Most people know to not sign them, but if you leave in the wording as it is, you would have to sign it. I will suggest to take out the last part and just print the name.

Take out this

I affirm, under penalty of perjury under the Laws of the Land for these United States of America, that the foregoing is true and correct, to the best of my knowledge and belief. Witness My Hand and Seal this 18th day of July, 1999.

Witness My Hand and Seal this 8th day of June, 1999.

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Thanks, I have taken both of the letters for the collection agency - oops NCO, lol

As of yet, we don't think this is on the credit report, but I should check to be sure - since it will be against DH. I know they want their equipment back, should get back on DH's case to send it back, and hope he don't send it in pieces.

Was thinking my first time around, I overlooked sending complaint to Attorney General and should most likely take care of that as soon as possible.

Just that darn contract disapeared and have not been able to find hide of hair of it. Unfortunately - my memory is starting to get a bit shakey on details - wonder if BBB keeps back complaints that I can go and obtain the original copy from them. When I talked to lawyers, they just bulk and say it could never be done - I don't know.

Just wish there was a way to enter into some kind of class action against this company - everything about them is terrible. I could easily post a number of sites to prove my point on this matter.

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