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Follow up letter to CMC - Hopefully Effective


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Is this letter too much ? My requests for verification with this OC have not produced anything. I faxed a very stern request over last week and they finally sent a few things, nothing of which verified the debt. Is this too much to send ?


Thank you for your letter postmarked April 10th 2007, in which you have sent some nice copies of my old Texas driver’s license and social security card from my old Consumer Mortgage Company employment files. Looking at my driver’s license picture, it’s hard to imagine that I once had that much hair. Just a note on this particular correspondence, postmarked April 10th 2007, are you aware that there was no letter on Consumer Mortgage Company’s Letter head, signed by anyone at Consumer Mortgage Company, nor was there any kind of Miranda, mini or otherwise. Congratulations, more prima facie evidence. Your violations now total 27, not counting Business & Commerce Code Chapter 17 violations.

Regarding your account #XXXXXXX, obviously a time-barred account (December 11th 2002, Statute of Limitations for Texas is 4 years) that you allege belongs to me. Be advised that a screen print that shows an account number along with a spreadsheet showing what appears to be payments, is not proper verification of debt. In order to reasonably determine that this alleged account is in fact my responsibility and that I do in fact owe Consumer Mortgage Company money, I have requested on at least 4 separate occasions, as you are aware, a copy of the original contract complete with my signature, the length or term of the loan, the original amount of the debt, the amount of interest charged and how it was calculated, and last but not least, what this debt is for. Anything short of these legally mandated requirements is considered deficient. It is my opinion that if you had these instruments, you would have provided me with them long ago in order to avoid any unnecessary embarrassment. In your fax, dated April 9th 2007, 1:04 pm, you made mention of my past employment with Consumer Mortgage Company, allow me to take this opportunity to expound. As a past employee of Consumer Mortgage Company, it’s hard for me to understand why you would go out of your way to willfully attempt to circumvent both federal and state laws. I say this because I am aware of your education and have always known you to be a fair person of good morals. The only logical conclusion that can be drawn is that you DO NOT know nor do you understand your responsibilities pursuant to Federal and State Law, more specifically, the FCRA, the FDCPA and the TDCA. There is little differentiation, however, between negligent non-compliance and willful non-compliance when it comes to fines and damages, all of which, I will be seeking $28,400.00 plus attorney fees and court cost.

I offer you one last chance to settle this matter prior to litigation in Federal Court. Update and Clear my credit bureau files concerning this alleged account at once and fax me a copy of the Universal Data Form (UDF) and a statement that it has, in fact, been transmitted to Equifax, Experian, Trans Union, et al.

Please take note that you are responsible for my attorney's fees. I accept no blame for fines, penalties or other sanctions levied by the Federal Trade Commission or state’s Attorney General.

This is the last attempt I will make at settling this alleged $246.72 debt.


CC: Bodenheimer, Jones & Szwak, LLC; 509 Market St, 7th Fl., United Mercantile Bank Building,

Shreveport, Louisiana 71101

Your input would be appriceated !


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