Respondents:

Kim Messer
Assistant Vice President
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
September 30, 2014
RE: DEMAND FOR DEBT VALIDATION AND VERIFICATION IN REGARD TO DEROGATORY
REPORTING ON ACCOUNT# 1115143
Encl (1 Evidence of Derogatory Record, 3 pages
Encl (2)Proof of Payment, Receipt, and ABC Mortgage 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
To the Respondents,
1. This is an attempt to validate a debt, against Kim Mill, Executive Vice
President of ABC Mortgage, and Tom Jones, 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 Fair Debt
Collection Practices Act (hereinafter FDCPA). I am exercising my legal
right to validate a debt that your Company claims is owed.
2. As evidenced in the attached record, it appears that derogatory and
defamatory information was reported to Experian Credit Monitoring service
by ABC Mortgage, causing damage to my person and resulting in an inability
to obtain credit for vehicle financin. Seen Enclosure (1.
3. This response is not a refusal to pay, this is my conditional acceptance
pursuant to conditions set-forth as outlined in the FDCPA, 15 USC 1692g
Sec. 809(b). I accept your claim, contingent upon the Debt Collector(s)
providing verifications and proof of debt as follow:
a. I demand you provide verification of your claim that the Account
#1115143 held by ABC Mortgage, is not paid in full as evidence by your
receipt of final payment on December 8, 2012, and your acknowledgment of
satisfaction of debt as evidence in Enclosure (2. I have seen no
evidence to to support any allegations to the contrary, and I believe no
such evidence exists.
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:
(1)To provide proof you must exhibit an original, or a genuine
instrument in accordance with the UCC inter alia, Georgia State Law,
UCC 3-501(B)(12, and any local applicable laws, inclusive of the
genuine original Promissory Note and genuine original allonge(s)
showing chain of title, and the official accounting ledger.
(2)To provide proof you must exhibit an authoritative copy of the
obligatory instrument or record, timed and date-stamped, which
identifies the ABC Mortgage, as the assignee of the the alleged
Secured Party as the assignee of the record or records. To be valid,
copies or revisions that add or change the Assignee of the
authoritative copy can be made only with the participation of the
secured party pursuant UCC 9-10.
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
a. I demand and request you provide an audit and accounting conducted
in accordance with with the Generally accepted government auditing
standards, the Comptroller Generals standards for audits of federal
organizations, OMB Circular A-732 as basic audit criteria for
federal agencies.
5. I am demanding proof of claim that there is money in circulation, by
which any debt including this one alleged by Kim Messer and ABC Mortgage
may be paid, and that the value of the attached Bankers Acceptance
received by Kim Messer on December 8, 2012 is sufficient to discharge this
debt under the following laws:
a. Fair debt collection Practices ACT (FDCPA), 15 U.S.C. 1692 et
seq., 1978 Title VIII of the Consumer Credit Protection ACT of 1978
b. The Indentured Trust ACT of 1939
c. HJR 192, 112 Statutes at Large 48, and P.L. 73.10 of 1933
d. The Securities Exchange Act of 1934
e. The Fair Credit reporting Act Public Law No. 91-508 enacted in 1970
f. The Bankruptcy ACT of 1933
g. 12 USC 411, P.L. 97-280
h. UCC 1-103, 1-308, 2-221, 2-104, 3-415-419, 3-500-510
6. 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.
7. Be advised that verification in defined (Blacks Law Dictionary, Sixth
Edition) as follows: Confirmation of correctness, truth, or
authenticity, by affidavit, oath or disposition. Affidavit of truth of
matter stated and object of verification is to assure good faith in
averments or statements of party.
8. 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).
9. 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.
10. 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.
11. If a response confirming your willingness to comply not received within
10 days from the date of your receipt, all references and/or derogatory
information reported to this account must be completely removed from the
credit file and a copy of such deletion request shall be sent to the
addressee immediately. Your response to the allegations shall not exceed
30 days, which is inclusive of any other timelines specified by the
governing law and this conditional acceptance.
12. Contracts of adhesion are hereby terminated between Kim Miller and ABC
Mortgage.
13. 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.
14. 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.
15. 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
16. 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
17. 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,
John A. Doe
Without Prejudice
All Rights Reserved
UCC 1-207/1-308
State of Georgia )
)ss JURAT
County of Fulton )
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