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Cease & Desist letter

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  • Edward Wheeler
    OK Guys For those having trouble opening the attachment, Here it is below. Sorry about that. Ed Certified Mail# 7000 1111 2222 3333 4444 July 12, 2003
    Message 1 of 1 , Jul 28, 2003
    • 0 Attachment
      OK Guys
      For those having trouble opening the attachment, Here
      it is below. Sorry about that. Ed

      Certified Mail#
      7000 1111 2222 3333 4444

      July 12, 2003 Your Name
      Your Address
      City/State/Zip

      Debt Collector
      His Address
      City/State/Zip

      Greetings;

      In response to your letter dated July 07,2003. This is
      not a refusal to pay, but a notice that your claim is
      disputed. This is a request for validation made
      pursuant to the Fair Debt Collection Practices Act.
      (FDCPA) Please complete the attached Form and follow
      its instructions and your claim will be processed as
      soon as this information is received.

      Please be advised that I am not requesting a
      "verification" that you have my mailing address, or
      that of the original creditor. I am requesting
      "VALIDATION", that is, competent evidence that I have
      some contractual obligation to pay you.

      You should also be aware the sending unsubstantiated
      demands for payment through the United States Mail
      System might constitute mail fraud under Federal and
      State laws, and you may wish to consult with a
      competent legal adviser before your next communication
      with me.

      This is also your one and only notification, that I
      will only negotiate with the original creditor/s.
      You will not telephone me at home or at work, neither
      will you communicate with me further, except as noted
      above, or as provided by law. I did not hire you and
      will not be in need of your services. Public Law
      95-109 & 99-361 of the FDCPA provides me with these
      rights. Your failure to comply will result in civil
      and criminal law suits against you and your company
      and swift filing of a complaint with the Federal Trade
      Commission and the Attorney General's Office of your
      State. I will document all contact and record all
      conversations to enforce these laws. If any negative
      credit information is placed with the credit reporting
      bureaus by your company after the date of receiving
      this certified Cease and Desist letter, a law suit
      against you and your company for all legal remedies
      afforded me by law Will result.

      Your failure to satisfy this request within the
      requirements of the FDCPA will be construed as your
      absolute waiver of any and all claims against me, and
      your tacit agreement to compensate me for cost and
      attorney fees.

      You have (15) fifteen days of receipt of this notice
      to comply with this request.


      Best Regards:

      (place this line in footer)

      This is an attempt to make a debt collector obey the
      law. Any information obtained will be used for that
      purpose.


      (second page)

      DEBT COLLECTOR DISCLOSURE STATEMENT

      Name and address of Collector (assignee)
      _______________________________________________________
      Name and address of alleged Debtor
      _______________________________________________________
      What are the terms of assignment for this alleged
      account ? You must attach all facsimile of any records
      relating to such terms.
      _______________________________________________________
      Have any insurance claims been made by any creditor or
      assignee regarding this alleged account?
      Yes / No (If yes attach all supporting documentation)
      _______________________________________________________
      Has the purported balance of this alleged account been
      used in any tax deduction claim ? Yes / NO (If yes
      attach all supporting documentation)
      _______________________________________________________
      List all the particular products or services sold by
      the Debt Collector to the alleged Debtor and the
      dollar amount of each, and attach with all supporting
      documentation.
      _______________________________________________________
      Does there exist a verifiable bona fide, original
      commercial instrument between Debt Collector and
      alleged Debtor containing alleged Debtors bona fide
      signature ? Yes / No (If yes, attach all supporting
      documentation)
      _______________________________________________________
      Does there exist verifiable evidence of an exchange of
      benefits or detriment between Debt Collector and
      alleged Debtor ? Yes / No (If yes, attach all
      supporting documentation)
      _______________________________________________________
      Has Debt Collector a bona fide affidavit of assignment
      for entering into alleged original contract between
      alleged Original Creditor and alleged Debtor ?
      Yes / No (If yes, attach all supporting documentation)
      _______________________________________________________
      Upon failure or refusal of Debt Collector to validate
      this collection action, Debt Collector agrees to waive
      all claims against the alleged Debtor named herein and
      pay alleged Debtor for all costs and Attorney fees
      involved in defending this collection action.
      The undersigned hereby declares under penalty of
      perjury of the laws of this State, and of his State
      that the statements made in this Debt Collector
      Disclosure Statement are certified as being truer and
      correct in accordance with his first hand knowledge
      and belief.

      X_____________________________________
      Authorized Signature of Debt Collector
      _______________________
      Print Name
      ____________
      Date

      Please return this completed Form and attach all
      assignments or other transfer agreements that would
      establish your right to collect this alleged debt.
      Your claim cannot be considered if any portion of this
      Form is not completed and returned with the required
      documents. This is a request for validation made
      pursuant to the Fair Debt Collection Practices Act. If
      you do not respond as required by law, your claim will
      not be considered and you may be liable for damages
      for continued collection efforts. Please allow (30)
      thirty days for processing after receipt of your
      request. You have (15) fifteen days of receipt of this
      notice to comply with this request.

      __________________________________
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