Tim sent this to me to forward to the list. Bear
Barry, you probably already know these because you know where I learned them.
I am also including the letter as attachment. This letter was used to respond to a collection agency "hired" by a party I gave a promissory note to. Here is the text.
Timothy John., Kiley
c/o general delivery
near S anta Monica ,
[ February 24, 2001 A.D. ]
S upervisor, Manager, CEO
Account Control Technology, Inc.
6918 Owensmouth Avenue
Canoga Park , California 91309-8012
Dear S upervisor, Manager, and/or CEO of Account Control Technology, Inc.:
I am writing on behalf of KILEY, TIMOTHY J in answer to your unsigned letter dated 02-15-01 (102-NTC1). As the accommodation party for UNIVER S ITY OF S OUTHERN CAL. and secured party for the debtor corporation, KILEY TIMOTHY J, it is my duty to handle this matter according to law under the Uniform Com mer cial Code.
I made a payment in full on the account you seem to be referring to in your letter. The payment was “in full” and was received by E Delosangeles , (postal Return/receipt card stamped received “LO S ANGELE S , CA DOCKWEILER S TA.) on January 27, 1999 . To my knowledge UNIVER S ITY OF S OUTHERN CAL. has never denied having received the payment I sent to them by certified mail # Z 432 429 999. Therefore neither I nor the debtor KILEY TIMOTHY J have any obligation to pay you or otherwise pay twice on the same debt. The debt was paid in full on the date given above.
In order to help you resolve this matter please answer the following questions:
1. How did Account Control Technology, Inc. (ACT) acquire the alleged account(s)/debt(s) referenced in the February 15, 2000 letter?
2. Did ACT pay something of value to UNIVER S ITY OF S OUTHERN CAL. in exchange for the alleged account(s)/debt(s) referenced in the February 15, 2000 letter?
3. Are you aware that the debt associated with UNIVER S ITY OF S OUTHERN CAL. account(s) number 285-58-6426-1 was discharged in full on January 27, 1999 ?
4. Is it a violation of the Fair Debt Collections Practices Act to collect twice on the same debt?
You may also contact Molly Poch at UNIVER S ITY OF S OUTHERN CAL. , who was the person that received the payment I sent. Please send your answer the questions I have posed to the mailing location exactly as delineated above.
Thank you very much Sincerely,
cc: Molly Poch
For mailing use: Excellence Unlimited, 17795 E. Eldorado Place #201, Aurora, CO 80013 303-484-9895 fax 810-958-6113
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