Credit card charge offs, and new collectors

[Cebu_4_2]

I know there is good information on here somewhere but I can't find it.

Story:
BoA cr card defaulted and charged off by bank. Now chimp out organization claims they will take me to court on the matter. I called and asked for written cause for a judgment as I do not understand any charges from that particular card they claim I owe. Chimp says I need to do my legwork on it and send them a hardship letter (admitting guilt I presume).

I know I have to send them a ceise and desist letter but what are the other things I need to request in writing from them. The internet is all fowled up with Bullshit saying anyone owes wven after a charge off which I remember being complete BS.

I sell you a car for 500.00, you stop paying, I don't get the car and write it off and sell the debt for 50.00 to Joe Chimp Incorporated, he calls you up.... says you owe him 700.00. You say wheres the title and in whose name.

I get that stuff but this chimp thing is really new for me.


I have this all written down somewhere but when I need it I can't find it.

Dont worry twisty titan I do not ask for you at all.

Just asking for the angle to search at least till I find all my data.

[SilverTop]

You can look over the documents I have attached below and see if they are something you can use.

[zap]

I wouldn't even respond to the collection agency, If you receive a judgement letter then you have to pay attention,and then you could settle if you had to for pennies on the dollar , most likely it would cost them more in court fee's/attorneys then you owe them and they are just using scare tactics.

[zap]

I wouldn't even respond to the collection agency, If you receive a judgement letter then you have to pay attention,and then you could settle if you had to for pennies on the dollar , most likely it would cost them more in court fee's/attorneys then you owe them and they are just using scare tactics.

Going silent is the worst action you can take. Going silent means you agreed with all the terms.

It probably would not work for you but should I receive a bill that is questionable I would send a copy of my recorded $21 silver bond which requires whosoever has a belief that I owe money must comply with the 1971 Truth in Lending Act. If THEY go silent then they have accepted the terms of this offer.


Possibly since he has already talked to them, but if you are receiving letters saying you owe this or that, you shouldn't respond to them period, prove that I received the letters, let em go to court then get a lawyer and then he can play with them.

[Twisted Titan]

You can look over the documents I have attached below and see if they are something you can use.




looks like good info I might try and whip one out.

T

[ShortJohnSilver]

You send them a letter, certified mail, but before you seal the letter, you write the certified mail # on the letter itself (off the little form at the post office).

The text of the letter asks them for proof (probably there is a letter in the .zip file above).

Sending it certified, and with the certified # on the letter itself, means that you have absolute proof they received it.

[iOWNme]

The only reason you go to court is for conflict. You create conflict (Dishonor) by not responding to Notices, etc.

The issue then becomes not 'do you owe us money' it becomes 'You are in default' for not responding in the time they requested.

EVERYTHING is contract 'Law' now. EVERYTHING. "Where there is no Contract, there is no case..."


If you 'deny' the debt, you have put yourself into 'Dishonor'. IMO i would always 'Conditionally except the debt', followed by YOUR conditions. This way you are not in Dishonor, and have stayed within the Lawful requirements for Notice's, etc.

Oh yeah, this is in NO WAY Legal advice. :)

[kregener]

Is this your original creditor coming at you? Or a Collection Agency?

Collection Agency:

Inform them in writing that under the Fair Debt and Collection Practices Act of 1977, you reserve the right to work out this debt with your original creditor. Certified mail. Done.

Original creditor:


Request the bank to provide you with three things:

1. validation of the debt (the actual accounting);
2. verification of their claim against you (a sworn affidavit or even just a signed invoice); and,
3. a copy of the contract binding both parties.

Write that you would be happy to pay any financial obligation you might lawfully owe as soon as you receive these three documents.

The banks can’t validate the debt because they never sustained a loss; they can’t verify any claim against you because you are not the NAME they are billing. They can’t produce a copy of the contract because one doesn’t exist. What exists is an unenforceable unilateral contract. What the banks refer to as ‘your contract with us’ is not a valid bilateral agreement since the four requirements of a lawful, binding contract were not met on the credit card ‘application’, namely:

1. Full Disclosure (we are not told that we are creating the credit with our signature);
2. Equal Consideration (they bring nothing to the table, hence they have nothing to lose);
3. Lawful Terms and Conditions (they are based upon fraud); and
4. Signatures of the Parties/ Meeting of the Minds (corporations can’t sign because they have no right, or mind, to contract as they are legal fictions). Credit cards are win/ win for the banks and lose/ lose for
everyone else – it is the slickest con game on the planet.

[Cebu_4_2]

Beautiful info people! I'm on it tomorrow morning. Had a terrible head cold in which my son made me tea and I am good to go. Glad he remembers some thing I taught him.