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ABC Mortgage 3200 Newmark Drive Cleveland, OH 45444 Chief Financial Officer ABC Mortgage 3200 Newmark Drive Cleveland, OH 45444 Carbon Copy: Experian P.O. Box 9556 Allen, TX 75013 June 11, 2013 RE: DEROGATORY REPORTING ON CREDIT OF JOHN A DOE TO EXPERION ON ACCOUNT # 1115143 Encl (1) Evidence of Derogatory Record, 3 pages Encl (2) Proof of Payment Receipt, and ABC Acknowledgment to Satisfaction of Debt, 3 pages Encl (3) Authoritative Copy of Certified Statement of Account evidencing paid in full, zero (0) balance, proof of receipt, and certification of non-response, 8 pages Encl (4) Bill of Exchange, for Funds Transfer and discharge of Obligation To the Respondents,
1.
This is an attempt to validate a debt, against Kim Mills, Executive Vice President of ABC Mortgage, the present Chief Financial Officer of ABC Mortgage (hereinafter CFO), and ABC Mortgage, the parties of which may collectively be known as Debt Collector(s), under the Federal Debt Collection Practices Act (hereinafter FDCPA). I am exercising my legal right to validate a debt that your agency claims is owed. In accordance with the attached record it appears that derogatory and defamatory information was ledgered to a Credit Monitoring Company by ABC Mortgage, which has resulted in my being damaged, as such action causes th by way of denial of credit due to the inaccurate information. Seen Enclosure (1).
2.
contingent upon the Debt Collector(s) providing verifications and validation as follow:
b. I demand proof of claim, that ABC Mortgage, its CFO, or Kim Mills, is
the original holder in due course or proper assignee of the alleged obligatory instrument on Account of 03115943. Your proof must include the evidentiary requirements of section (a) or (b) below:
4. I demand proof that the Account #1115143 does not reflect a zero (0)
balance. I have seen no proof to support your allegation and I believe no such proof exists. See the authentic statement of account certified as of February 17, 2012, as evidenced in Enclosure 3
c. d. e. f. g. h.
HJR 192, 112 Statutes at Large 48, and P.L. 73.10 of 1933 The Securities Exchange Act of 1934 The Fair Credit reporting Act Public Law No. 91-508 enacted in 1970 The Bankruptcy ACT of 1933 12 USC 411, P.L. 97-280 UCC 1-103, 1-308, 2-221, 2-104, 3-415-419, 3-500-510
8. The Debt Collector is given notice that pursuant U.S.C. sec 1692g[b]: if
the consumer gives notice to the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a void judgment, or the name and address of the original creditor, is mailed to the consumer by the collector, and in 15 U.S.C. 1681-1681(u). If any of these accounts are over seven (7) years old, cannot be verified and/or have been discharged, written off, charged off, sold, referred to a third party, or cannot be validated, Affiant requires that these statements be deleted from the Consumers credit report.
10. Debt collector is further Noticed that this is not a request by Affiant
for a photocopy of any invoice, statement, bill, summary, agreement and the like and that any future communication received by Affiant from Debt Collector, in written as well as any other form, absent the above-cited requisite Verification of debt, irrespective of the inclusion of any photocopy of any related involve, statement, bill summary, agreement, and the like, constitutes Debt Collectors tacit admission, confession and agreement that Debt Collector has no lawful, bona fide, verifiable claim, re the alleged account, as per the Fair Credit Reporting Act and the Fair Debt Collection Practices, and Uniform Commercial Code (UCC).
11. This lawful request is made in accords with the aforementioned authorities
and shall further serve as a request for records as set-forth in the Administrative Procedure Act [USC 5 551]. In addition to other applicable provisions under this Act, you are advised of the obligation to notify me within ten (10) days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of my request to inform me of any refusal or unwillingness to comply, or provide records.
12. This is NOT a request for verification only, but a request for validation
and/or accounting where necessary as described above. During this verification and validation period, should any action be undertaken which could be detrimental to any portion of the credit files related hereto, it will constitute a breach and will result in consultation with legal counsel. This includes any listing of any information to any credit reporting repository that could be inaccurate or invalid or verifying an account as accurate when in fact there is no certified valid proof that it is.
14. Contracts of adhesion are hereby terminated between Kim Miller and ABC
Mortgage.
15. We have attached one instrument (bill of exchange) to initiate the funds
transfer to adjust and and discharge the obligations in your claim.
16. NOTE:
This items may only be used for setoff discharge and adjustment. It may not be used for ACH, it may not be used for deposit, it may only be used for electronic transfer of funds.
17. Your offer is now received and you now have our bankers acceptance of the
value of your offer for value. You may choose either option, to balance the account and bring to zero. Or you may choose the option of providing us the verification documentation requested above.
18. All statements, rebuttals, and responses to this validation request must
be made in writing verified in the presence of an authorized officer or notary public, signed and sworn to under penalty of perjury including the name, title, office, and telephone number of any official from ABC Mortgage, which shall serve to insure high standards of honesty, impartiality, character, and conduct as in accordance with Title 5 CFR Part 735.
19. Nothing in this document shall be construed as a waiver of any rights. The
affiant may use any and all responses as an attempt for determining the nature and basis of a case/counterclaim against Debt Collector, and any intonation contained within Debt Collectors Disclosure Statements, as well as any information obtained otherwise, such as by Debt Collectors commissions, omissions, and the like, will be used for that purpose
20. If your offices have reported invalid information to any of the three
major Credit Bureaus (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Therefore, if any negative mark is found on any of my credit reports by your company or the company that you represent, and the prescribed evidence is not provided we will not hesitate in bringing legal, lawful, and administrative actions against PNC Mortgage as well as the individuals responsible for breach of trust and damages to my person.
Sincerely,
) )ss )
JURAT
On this day of April in the year 2012 , before me, the undersigned notary public, personally appeared John A. Doe , known to me to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal.
__________________________ Notary/Witness
One will expect Experian to complete Experian's investigation within thirty (30) calendar days from the date Experian receives this dispute for investigation, or the item(s) being disputed will be considered unverifiable, subject to Permanent Deletion for this ET's Experian Credit Report.