Help ME////Validation/Letter - Page 3 - Credit Repair Forum from Creditnet
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  1. #21
    betacredit is offline Senior Member
    Join Date
    Nov 2001
    Posts
    691

    Re: Help ME////Validation/Letter

    Thank you,Whyspers

    I don't remember. I think since 99. I am not sure because Gulf States had it first then sold it to ASSet.

    I have filed complaints against them so I am hoping they will delete, that's all I want.

    If they call me, then that's a violation and I DEFINATELY will sue for money!!!

  2.  
  3. #22
    parkslorra is offline Junior Member
    Join Date
    Feb 2002
    Posts
    14

    Re: Help ME////Validation/Letter

    matt_r and betacredit

    As I stated in my earlier post I'm been dealing with Asset Accept and Financial Credit Corp. With Asset I started making payments before I reading forums like this one so I don't know if its to late to us the information that I have. I'm in TX Ihave been tring to find out if I made partial payments will the statue of limitation resets. I sued Financial Credit Corp. for FDCA violations and TX Finance Code violations for 3200. My court date is set for April.
    I called the 1900 # betacredit was given and THEY ARE NOT LICENSED. I hope this info helps you

  4. #23
    matt_r is offline Senior Member
    Join Date
    Mar 2002
    Posts
    247

    Re: Help ME////Validation/Letter

    ARE YOU SERIOUS?!?!?!?!

    I wonder if there is a way to obtain verification from the state of Michigan that they are not licensed. This is interesting. I know they also have offices in Ohio though; I wonder if they are licensed there.

    Anyone have any ideas??

  5. #24
    betacredit is offline Senior Member
    Join Date
    Nov 2001
    Posts
    691

    Re: Help ME////Validation/Letter

    If they are not licensed at their main office then and they are not licensed in FL then they probably aren't licensed in Ohio or in Maryland either!

    It does help but I am trying to get in contact with my rep from the Banking and Finance dept. So I can pass this info. onto him.

    I think I'll give him a call this afternoon.

    Thanks for the info. Pat.

  6. #25
    matt_r is offline Senior Member
    Join Date
    Mar 2002
    Posts
    247

    Re: Help ME////Validation/Letter

    Hmmmmmmmm....well let me know what you find out. Email me if you like (I think you have me email address already).

    I'll try to see if I can get a letter from the state of MI stating they are not licensed to collect. That's good ammunition, if I would ever need to use it.

  7. #26
    betacredit is offline Senior Member
    Join Date
    Nov 2001
    Posts
    691

    Re: Help ME////Validation/Letter

    ok, I called the licensing board and they stated they do not need to be licensed in the state of MI if they buy own their own debts.

    So I think an angle would be to find out if they own the debt or if it's assigned.

    If it has not been bought, then they are in violation of the law.

    The lady who answered the phone said she gets alot of complaints against asset.

  8. #27
    morgan is offline Newbie
    Join Date
    Aug 2004
    Posts
    1

    Re: Help ME////Validation/Letter

    I just recently reviewied the FDCPA and it's very vague in validation. So I turned to the Uniform Commercial Code. For those interested read UCC 3-204, UCC 3-301, UCC 3-302, UCC 3-305 (defenses in recoupment were not utilized in the letter below), UCC 3-407 (not used below), among the most important in all commercial transactions... UCC 3-501.

    If anyone here has read the Credit Secrets Bible, I wrote it's 2003 update and am now testing the UCC in new letters for its' 2004-2005 update. I have also been studying the new FACT Act. There's some good stuff there too that I've been using for private clients.

    Here is a sample of a letter I finished yesterday (well, nothing is ever finished!). It's always a rough draft.

    I would be interested to hear any comments.

    NOTICE OF INSUFFICIENT VALIDATION

    (10-DAY RESPONSE REQUIRED)

    TO: FINANCIAL CREDIT NETWORK, INC.
    PO BOX 3084
    VISALIA, CA 93278-3084 * SIGNATURE CONFIRMATION *
    <PAGE 1 OF 2>
    FROM: *********************
    *********************
    *********************
    CONFIRMATION #: _______________________
    ATTN: LEGAL DEPARTMENT

    RE: ACCT # ***************

    DATE: 8-16-04

    DEAR LEGAL DEPARTMENT,

    I AM IN RECEIPT OF YOUR PRESENTMENT DATED 8-3-04, WHICH IS BEING RETURNED TO YOU BECAUSE OF THE FOLLOWING DEFECTS: YOUR PRESENTMENT LACKS INDORSEMENT (SEE UNIFORM COMMERCIAL CODE SECTION 3-204), AND YOUR PRESENTMENT LACKS SUFFICIENT VALIDATION (SEE ATTACHED FTC “LEFEVRE-WOLLMAN” OPINION LETTER, DATED MARCH 10TH, 1993).

    I AM IN RECEIPT OF AN ACCOUNT STATEMENTS, WITH A COVER LETTER STATING, “IN COMPLIANCE WITH YOUR REQUEST, PLEASE FIND ALL AVAILABLE INFORMATION ENCLOSED. WE EXPECT PAYMENT IN FULL WITHIN 7 DAYS.” NOT ONLY DOES YOUR PRESENTMENT LACK INDORSEMENT, ACCORDING TO THE FEDERAL TRADE COMMISSION, ACCOUNT STATEMENTS ARE NOT SUFFICIENT VALIDATION.

    YOU HAVE NOT VALIDATED THIS DEBT AND ARE CONTINUING TO COLLECT. THEREFORE, YOUR COMPANY IS NOW IN VIOLATION OF THE FAIR DEBT COLLECTION PRACTICES ACT. SINCE IGNORANCE OF THE LAW IS NO EXCUSE, I HAVE ALREADY FILED A COMPLAINT WITH THE FEDERAL TRADE COMMISSION, ATTORNEY GENERAL, AND THE POSTAL INSPECTION SERVICE (MAIL FRAUD DEPARTMENT).

    THIS IS YOUR LAST CHANCE TO CEASE AND DESIST ALL COLLECTION EFFORTS, AND IMMEDIETELY REMOVE ANY DEROGATORY INFORMATION BEING REPORTED TO THE CONSUMER REPORTING AGENCIES. OTHERWISE, I WILL SEEK DAMAGES IN SMALL CLAIMS COURT AGAINST YOU AND YOUR BONDING AGENT.

    YOU HAVE 10 DAYS TO RESPOND TO THIS LETTER. IF YOU NEED MORE TIME YOU MAY REQUEST SO IN WRITING. PLEASE INDORSE ANY AND ALL FUTURE CORRESPONDENCE PURSUANT TO UNIFORM COMMERCIAL CODE 3-204(a)(iii), INCLUDING THE IDENTITY OF THE INDORSER.

    THANK YOU IN ADVANCE FOR YOUR COOPERATION. I LOOK FORWARD TO RESOLVING THIS MATTER AS QUICKLY AND EFFICIENTLY AS POSSIBLE.

    RESPECTFULLY,

    (INDORSEMENT)

    (PRINT YOUR NAME)

    CC WITH FORMAL COMPLAINT TO:

    AZ STATE ATTORNEY GENERAL FEDERAL TRADE COMMISSION POSTAL INSPECTION SERVICE
    1275 W WASHINGTON ST. 600 PENNSYLVANIA AVE. NW 222 S. RIVERSIDE PLAZA # 1250
    PHOENIX, AZ 85007 WASHINGTON, D.C. 20580 CHICAGO, IL 60606
    ATTN: MAIL FRAUD DEPT.

    CERTIFICATE OF MAILING * SIGNATURE CONFIRMATION *
    <PAGE 2 OF 2>




    (INSERT PS FORM 3817 HERE)
    (MAKE 3 COPIES)

    ---------------------------




    ---------------------------
    POST OFFICE SEAL









    CERTIFICATION OF PARCEL INVENTORY BY POSTMASTER AGENT:


    [ ] NOTICE OF INSUFFICIENT VALIDATION – PAGE 1 OF 2

    [ ] CERTIFICATE OF MAILING - PS FORM 3817 – PAGE 2 OF 2


    I, AN AGENT FOR THE POSTMASTER GENERAL OF THE UNITED STATES OF AMERICA, HEREBY CONFIRM THE DOCUMENTS DESCRIBED ABOVE ARE ENCLOSED IN THIS PARCEL, ALSO KNOWN AS SIGNATURE CONFIRMATION # _____________________________; AND, I HAVE DEPOSITED SAID PARCEL WITH THE U.S. POSTAL SERVICE FOR DELIVERY TO THE INTENDED RECIPIENT(S).

    IN CONFIMATION HEREOF, I AFFIX MY SEAL:

    ---------------------------




    ---------------------------


    BTW, here are 2 great sites to search down corporate info, such as CEO, registered agents (sue or threaten to sue them along with the company's bonding agent).

    http://shmyl.com/dek
    http://www.registeredagentinfo.com/

    Anyway, that's all for now.
    Morgan
    flyingcarpet101 @ y-a-h-o-o.c-o-m
    Feel free to email me. Teamwork helps! :)

  9. #28
    lbrown59 is offline Senior Member
    Join Date
    Feb 2001
    Posts
    17,876

    Re: Re: Help ME////Validation/Letter

    ok folks what do you think of this?
    Originally posted by morgan
    I just recently reviewied the FDCPA and it's very vague in validation. So I turned to the Uniform Commercial Code. For those interested read UCC 3-204, UCC 3-301, UCC 3-302, UCC 3-305 (defenses in recoupment were not utilized in the letter below), UCC 3-407 (not used below), among the most important in all commercial transactions... UCC 3-501.

    If anyone here has read the Credit Secrets Bible, I wrote it's 2003 update and am now testing the UCC in new letters for its' 2004-2005 update. I have also been studying the new FACT Act. There's some good stuff there too that I've been using for private clients.

    Here is a sample of a letter I finished yesterday (well, nothing is ever finished!). It's always a rough draft.

    I would be interested to hear any comments.

    NOTICE OF INSUFFICIENT VALIDATION

    (10-DAY RESPONSE REQUIRED)

    TO: FINANCIAL CREDIT NETWORK, INC.
    PO BOX 3084
    VISALIA, CA 93278-3084 * SIGNATURE CONFIRMATION *
    <PAGE 1 OF 2>
    FROM: *********************
    *********************
    *********************
    CONFIRMATION #: _______________________
    ATTN: LEGAL DEPARTMENT

    RE: ACCT # ***************

    DATE: 8-16-04

    DEAR LEGAL DEPARTMENT,

    I AM IN RECEIPT OF YOUR PRESENTMENT DATED 8-3-04, WHICH IS BEING RETURNED TO YOU BECAUSE OF THE FOLLOWING DEFECTS: YOUR PRESENTMENT LACKS INDORSEMENT (SEE UNIFORM COMMERCIAL CODE SECTION 3-204), AND YOUR PRESENTMENT LACKS SUFFICIENT VALIDATION (SEE ATTACHED FTC “LEFEVRE-WOLLMAN” OPINION LETTER, DATED MARCH 10TH, 1993).

    I AM IN RECEIPT OF AN ACCOUNT STATEMENTS, WITH A COVER LETTER STATING, “IN COMPLIANCE WITH YOUR REQUEST, PLEASE FIND ALL AVAILABLE INFORMATION ENCLOSED. WE EXPECT PAYMENT IN FULL WITHIN 7 DAYS.” NOT ONLY DOES YOUR PRESENTMENT LACK INDORSEMENT, ACCORDING TO THE FEDERAL TRADE COMMISSION, ACCOUNT STATEMENTS ARE NOT SUFFICIENT VALIDATION.

    YOU HAVE NOT VALIDATED THIS DEBT AND ARE CONTINUING TO COLLECT. THEREFORE, YOUR COMPANY IS NOW IN VIOLATION OF THE FAIR DEBT COLLECTION PRACTICES ACT. SINCE IGNORANCE OF THE LAW IS NO EXCUSE, I HAVE ALREADY FILED A COMPLAINT WITH THE FEDERAL TRADE COMMISSION, ATTORNEY GENERAL, AND THE POSTAL INSPECTION SERVICE (MAIL FRAUD DEPARTMENT).

    THIS IS YOUR LAST CHANCE TO CEASE AND DESIST ALL COLLECTION EFFORTS, AND IMMEDIETELY REMOVE ANY DEROGATORY INFORMATION BEING REPORTED TO THE CONSUMER REPORTING AGENCIES. OTHERWISE, I WILL SEEK DAMAGES IN SMALL CLAIMS COURT AGAINST YOU AND YOUR BONDING AGENT.

    YOU HAVE 10 DAYS TO RESPOND TO THIS LETTER. IF YOU NEED MORE TIME YOU MAY REQUEST SO IN WRITING. PLEASE INDORSE ANY AND ALL FUTURE CORRESPONDENCE PURSUANT TO UNIFORM COMMERCIAL CODE 3-204(a)(iii), INCLUDING THE IDENTITY OF THE INDORSER.

    THANK YOU IN ADVANCE FOR YOUR COOPERATION. I LOOK FORWARD TO RESOLVING THIS MATTER AS QUICKLY AND EFFICIENTLY AS POSSIBLE.

    RESPECTFULLY,

    (INDORSEMENT)

    (PRINT YOUR NAME)

    CC WITH FORMAL COMPLAINT TO:

    AZ STATE ATTORNEY GENERAL FEDERAL TRADE COMMISSION POSTAL INSPECTION SERVICE
    1275 W WASHINGTON ST. 600 PENNSYLVANIA AVE. NW 222 S. RIVERSIDE PLAZA # 1250
    PHOENIX, AZ 85007 WASHINGTON, D.C. 20580 CHICAGO, IL 60606
    ATTN: MAIL FRAUD DEPT.

    CERTIFICATE OF MAILING * SIGNATURE CONFIRMATION *
    <PAGE 2 OF 2>




    (INSERT PS FORM 3817 HERE)
    (MAKE 3 COPIES)

    ---------------------------




    ---------------------------
    POST OFFICE SEAL









    CERTIFICATION OF PARCEL INVENTORY BY POSTMASTER AGENT:


    [ ] NOTICE OF INSUFFICIENT VALIDATION – PAGE 1 OF 2

    [ ] CERTIFICATE OF MAILING - PS FORM 3817 – PAGE 2 OF 2


    I, AN AGENT FOR THE POSTMASTER GENERAL OF THE UNITED STATES OF AMERICA, HEREBY CONFIRM THE DOCUMENTS DESCRIBED ABOVE ARE ENCLOSED IN THIS PARCEL, ALSO KNOWN AS SIGNATURE CONFIRMATION # _____________________________; AND, I HAVE DEPOSITED SAID PARCEL WITH THE U.S. POSTAL SERVICE FOR DELIVERY TO THE INTENDED RECIPIENT(S).

    IN CONFIMATION HEREOF, I AFFIX MY SEAL:

    ---------------------------




    ---------------------------


    BTW, here are 2 great sites to search down corporate info, such as CEO, registered agents (sue or threaten to sue them along with the company's bonding agent).

    http://shmyl.com/dek
    http://www.registeredagentinfo.com/

    Anyway, that's all for now.
    Morgan
    flyingcarpet101 @ y-a-h-o-o.c-o-m
    Feel free to email me. Teamwork helps! :)

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