I need to write a letter to a couple of OCâ??s and CAâ??a that I am afraid they could use against me. There exists in legal language the term â??Without Prejudiceâ? which means, â??A statements set onto a written document which qualifies the signatory as exempted from it's content to the extent that they may be interpreted as containing admissions or other interpretations which could later be used against the person signing; or as otherwise affecting any legal rights of the person signing. A lawyer will often send a letter "without prejudice" in case the letter makes admissions which could later prove inconvenient to the client.â? I am trying to figure out how to incorporate it into my letter. Does any one have any suggestions.
At the bottom of the sample letters you'll find the following: "This is a request for information only, and is not a statement, election, or waiver of status." Basically the same thing I believe. Or if you really want to use W.P., do it like this: "Without Prejudice, UCC 1-207" This is printed just above my signature on ALL of my checks.
Re: Re: Need Help Formatting Letter Hmm ... why would you need it on your checks? To avoid the admission that you have money in the bank?
Re: Re: Need Help Formatting Letter Thanks Butch for responding, I greatly value your opinion. Not in law school yet, but working toward it. I have a Cap1 charge off that I requested verification on. They sent me a copy of a signed "acceptance" form. It is my signature, but I have signed many of them. They also sent a copy of 2 billing statements at the time the account was opened. But the amounts showing on each statement is the same, which happens to be the charged off amount. They keep adding interest and late charges to the account and update it monthly with the CRA's. I understand that they cannot add interest and fees without sending me billing statements, but so fas I am unable to locate the FTC letter on this. I am trying to compose a letter saying I need the other statements, have not received any billing statements since, who know when. But I needd to CMA so they don't use it against me.
Re: Re: Re: Need Help Formatting Letter I found this: http://www.worldnewsstand.net/freedom/ucc4.htm Maybe Butch can shed some light for us. Butch.........
Re: Re: Re: Need Help Formatting Letter Well ... while technically correct C1 doesn't seem to care one iota about the law, and unfortunately neither does the FRB. Here's a link to Christine's board where she's dealt with this very issue. http://forum.creditcourt.com/cgi-bin/discus/discus.pl Excerpt: Capital One and Amerix, fka Genus Credit Management (collectors in disguise) After paying Capital One's collector NCO through Genus for almost 3 years, they thought they paid the charged off accounts in full. SURPRISE! Capital One claims that the payments barely covered the interest. Capital One never sent a single statement since the charge-off, and that's just FINE with the Federal Reserve Bank, Cap One's "regulator" We'll need to contemplate another angle. .
Re: Re: Re: Re: Need Help Formatting Letter Ouch!!! Time to re-think this one. Thanks Butch for the link.
