here's some questions to ask the bank's agent under oath?
Did credit card company sustain a true LOSS in this matter?
If so, WHAT did they LOAN and WHERE did they get it? Money or Credit
Did they lose anything that they already had before they gave the guy a "loan"?
Did they lose any of their depositors' "money"?
Here’s a letter to send to debt collector. Modify to your particular circumstance. It brings up a set of questions that goes around their usual dunning/complaint LSS computer generated crapola. They also use this crapola to provide 'Prima Facie' evidence, to stick you with the "burden shift" they need to move right to summary judgment.
Debt Attorney LLC
Re: Your "client" in interest to Predatory Lender Bank
File No:0000000000
I received your letter dated July 32, 20000029, regarding above "account"
Enclosed, please find material for the immediate attention of your or your banks legal and finance departments.
This is constructive notice that I am disputing the validity of this alleged debt, and its originating contract for reasons and causes including but not limited to constructive fraud, fraud on the contract, and fraudulent conveyance.
This alleged debt will stand invalid and herby disputed, until the following questions and demand for documentation are satisfactorily addressed by you:
1. Is this bank regularly examined by employees of Thrift Supervision?
2. Does this bank follow the monetary expansion rules laid out in the Federal publication 'Modern Money Mechanics'?
3. Does this bank employ the 'transaction concept' of money, as revealed in the Federal manual named above?
4. Did this bank accept some form of 'promissory note' and exchange it for a bank 'liability' to open this particular alleged account?
5. Did the bank raise an 'asset' in the same account when it was opened?
6. Did the bank use my alleged signature on the note to raise this 'asset'?
7. Is it the bank's policy to return or refund this 'asset' to me?
8. Where in the contract was I informed of this use of my alleged signature?
9. Please produce certified copies of the initial balance sheets for the alleged account in question.
10. Please produce what the bank considers to be the entire promissory note.
11. Please produce what the bank considers the entire alleged agreement.
You are now informed that if this bank should decide to litigate against me, I will counterclaim for causes including but not limited to constructive fraud, fraud on the contract, and fraudulent conveyance.
You are now also informed that I allege that the cost and risk in the note was misrepresented and has shifted, as revealed by the money trail.
I will seek more discovery. Please prepare your(or your client's) chief auditor to address the above interrogatories. Also Thrift Supervision will have to be subpoenaed as they won't come if I just invite them; they will be deposed as experts. Thrift Supervision has grudgingly confirmed the above in other cases and I do not expect they appreciate that role being thrust on them.
You are now informed that, having properly challenged and disputed the validity of the alleged 'debt', I require answers to the above as is due. Failure to answer is prima facie evidence(use it on them for a change) of this banks intent to dodge the issue, and possibly continue fraudulent collection, or post information that would damage me.
My position is clear: this banks unconscionable contract of adhesion is void, ab initio, for causes of action including, but no limited to, fraud on the contract. It will be construed against them as a standard of review. Failure to discharge the alleged account will be considered continuing acts of fraud, which are actionable. I will demand the return of alleged original asset; the bank can't have it both ways, using the initial note as instrument and funds.
Our differences are ones of fact, and only a jury may decide them. I don't believe a jury is going to like what they will discover the bank actually does to them.
If I do not receive a proper response from you within 30 days, I will assume this matter to be closed. reporting this alleged account as anything but 'discharged', or any further collection effort without satisfying the above will be considered an act of harassment an will be responded to according to the FDCPA Laws
This and all records regarding this case are made and kept as evidence for a jury.
Notice to agent is notice to the principal.
Thank you for your prompt attention to this matter.
Yours,
Name here
(+)
Also send a Certificate of Service
Or do this
I usually just fire the 3rd party, I usually do not hear from them again.
(Mark in red)
Attention: Third party intervener, I do not give you permission to enter the contract, You are hereby immediately Fired !
(Mark in Green)
by; Jack-Rabbit: Dated
Made a copy of it for my records and sent the remittance back to them.
