Memorialize Your Convo's!

As you know we often discourage talking to these people on the phone but it can facilitate a faster resolution.

Especially in FCRA and FDCPA cases courts lend a great deal of weight to contemporaneous notes.

• con·tem·po·ra·ne·ous
  
  ... happening during the same period of time: the contemporaneous reigns of two monarchs.

Notes that are taken at the time of the event are fresh in your memory, and you're entitled to a high degree of presumption that your notes are accurate.

Reducing any written document to an affidavit, signed under penalty of perjury, becomes as valid as court room testimony.


So if you must talk to them on the phone, the most important thing to do [aside from not admitting the debt] is "memorialize" the conversation you had with them. You do that by writing a letter and including ALL the points you guys talked about on the phone, with whom you spoke, date and time, in she said, I said fashion.


IE.

This will confirm the points we discussed on the phone on xx/xx/xxxx, @ 21:23, with "Jody CSR", when she called me at home.

I said:
Jody said:

I said:
Jody said:

etc., etc..

But do be nice about it.


See below for an example.



This document will stand unless disputed in writing with equally counterweighted assertions. Since they did have the convo. I seriously doubt that would happen. Even if they wanted to they won't because they're lazy.



Your letter is basically done when you come on here and tell us what your adversary said. The rest is easy. Just copy/paste from your original post.


Then FAX it, from a third party fax machine, and follow up with a copy CRRR.

This forms a "Prima Facie Case" that the convo did actually take place as you outlined it.

THIS IS IMPORTANT GANG!!





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These guys folded FAST. They just wrote me a $1,000 check.

• September 03, 2002
  
  XXXXXXXXXXX Bank
  123 Main Street
  Anytown USA 12345
  
  
  EXECUTIVE MANAGEMENT TEAM
  Bill Smith
  Chairman and Chief Executive Officer
  
  Mary Jane
  EVP, Consumer Credit Card
  Marketing/Operations
  
  Certified Mail # xxxx xxxx xxxx xxxx xxxx (2 Pages + Copy of Denial Letter)
  
  To whom it may concern:
  
  To my absolute astonishment I received a denial letter dated 8/20/2002, (enclosed) regarding a credit card I allegedly applied for during a telemarketing call by your company on 8/9/02.
  
  I had a long conversation with both the marketing agent, who identified himself as Bill XXXXXXX, and the verifier who identified himself as Luke. I repeated 5 separate times (2 + 3 respectively) that am NOT authorizing an inquiry into my credit reports.
  
  Here is a brief outline of that conversation;
  
  Bill said: "You've been preselected to receive our card. All I need to do is verify your address so we don't send your card to somebody else".
  
  I asked: You do not have to pull a CR correct? Bills reply: "Nope you're all set".
  
  Again I asked: You say I'm 99.999% guaranteed. Bill replied: You've already cleared through all the hurdles, that's why we're calling you.
  
  Bill then transferred me to Luke, your verifier.
  
  Luke said: "You were preselected for this card because a credit reporting agency determined that you meet Our Silly Companies predetermined criteria for credit worthiness".
  
  And again; I said, You don't need to pull a report right? "No they look at copies of your report that have already been pulled so it would not be necessary to pull another one".
  
  I have received calls like this before and lived to regret it every time. Your people are experts at verbal slide of hand and outright lying just to get the application processed.
  
  Upon reviewing my Experian credit report, I noticed that (Your silly Company) obtained my credit report on 8/15/02. I did not authorize this inquiry and took valiant steps to make sure it did not happen. In fact you will note that my SSN is recorded in your system as 123-12-1234. I purposely declined to give my SSN so no credit report could be pulled.
  
  
  § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n] (a)(1)(B) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;
  
  
  Please explain your permissible purpose for obtaining my credit report.
  
  Please IMMEDIATELY DELETE the inappropriate hard inquiry from my Exp. credit report. An inquiry without a corresponding account is VERY detrimental to ones credit score. Please arrange for payment of $1,000 by 9/20/02. Unless both of these remedies are supplied by 9/20/2002, I will be forced to file suit against you for numerous willful and negligent violations of federal law, state law and my rights as a consumer.
  
  In your written reply please provide the name, address and phone number of your "registered agent". Your reply can be faxed to: xxx-xxx-xxxx.
  
  
  Regards,
  
  Mr. Butch
  
  
  
  
  
  Additional info:
  
  
  § 619. Obtaining information under false pretenses [15 U.S.C. § 1681q]
  Any person who knowingly and willfully obtains information on a consumer from
  a consumer reporting agency under false pretenses shall be fined under title
  18, United States Code, imprisoned for not more than 2 years, or both.
  
  § 621. Administrative enforcement [15 U.S.C. § 1681s]
  For the purpose of the exercise by the Federal Trade Commission of its functions
  and powers under the Federal Trade Commission Act, a violation of any requirement
  or prohibition imposed under this title shall constitute an unfair or deceptive act or
  practice in commerce in violation of section 5(a) of the Federal Trade Commission
  Act [15 U.S.C. § 45(a)]...
  

HTH



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Bump for the weekend crowd.

 

boom

 

Bump 4 Roni.

 

Bumpin 4 Broncsboi



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Good job Eric,


Faxing to an adversary from your oiwn fax machine might be questionable in court.

Sending from a 3rd party fax eliminates the possibility that you may have manipuklated the receipt and takes the argument off the table.

A CA sending you "all the information thay have" does not rise to the level of validation.

Hold your ground.



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Bumpin 4 EricaM

 

WOOOPS,

Sorry CM.

I'll go dig it up.



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Code:

********************************************************* 

[size=1]Sworn to before me and subscribed by Mrs. Crowmom, 
in my presence this ______ day of _________, 2004


_______________________ [Signature of notary] 

_______________________ [Printed name of notary]                        



[Seal]



_______________________ [Phone of Notary] 


My commission expires: ________, 20____ 

[/size]

 

Re: Re: Memorialize Your Convo's!

Oh I get ya.

Yes. That's perfect.

Affidavit of Mrs. XXXXXX X. Crowmom at the top.

"I certify under penalty of perjury, the foregoing is true and correct to the best of my knowledge and belief."

At the bottom



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