Freedom of information Act (FOIA) request Under the Federal Debt Collection Practices Act, and the Fair Debt Reporting Act, I the Director/Executor/Beneficiary/Grantor/Sole-Shareholder, now exercise my lawful right to question the validity of this debt your agency claims has come due. From: Brett Jones the Director/Executor/Beneficiary/Grantor/Sole-Shareholder for (legal-name: BRETT JONES) Post Office Box 393 Veguita, New Mexico, (87062-9999) To: NCO FINANCIAL SERVICES Address: 507 PRUDENTIAL , RDHORSHAM, PA 19044 (800) 709-8613 Account Number: 1868.... Original Creditor: NCO/ASGNE OF AT T Address Identification Number: 06775548598 Date: 10/22/11 Re: Status: Collection account. $367 past due as of Nov 2010. Status Details: This account is scheduled to continue on record until Aug 2011. Date Opened: 11/2007, Reported Since: 04/2009, Date of Status: 04/2009, Last Reported: 11/2010 Type: Installment, Terms: 1 Months, Monthly Payment: $0, Responsibility: Individual Credit Limit/Original Amount: $244, High Balance: NA, Recent Balance: $367 as of 11/2010 Recent Payment: $0 Account History: Collection as of Apr 2009 to Nov 2010, Balance History: 10/2010 $366, 09/2010 $363, 08/2010 $362, 07/2010 $359, 06/2010 $357, 05/2010 $356, 04/2010 $353, 03/2010 $351, 02/2010 $349, 01/2010 $348, 12/2009 $344, 11/2009 $343, 10/2009 $341, 09/2009 $339, 08/2009 $337, 08/2009 $336 The original amount of this account was $244 To: Whom It May Concern and that of management staff: This letter is my formal written request to you to provide the following information: According to the Freedom of information Act (FOIA), and the Fair Credit Reporting Act, Section 609 (a)(1)(A), your company is required by federal law to verify - through the physical verification of the original signed consumer contract - 1. Debt validation request 2. Copy of certificate of satisfaction prior to transfer of account; 3. Copy of the note that was utilized to acquire the Certificate of Satisfaction prior to transfer of account; 4. I demand the account be verified 5. As well as actual accounting, to include charge-off’s, tax right off associated with the account referenced herein. "NATIONAL BANK ACT" SEC. 27. And be it further enacted, That it shall be unlawful for any officer acting under the provisions of this act to countersign or deliver to any association, or to any other company or person, any circulating notes contemplated by this act, except as hereinbefore provided, and in accordance with the true intent and meaning of this act. And any officer who shall violate the provisions of this section shall be deemed guilty of a high misdemeanor, and on conviction thereof shall be punished by fine not exceeding double the amount so countersigned and delivered, and imprisonment not less than one year and not exceeding fifteen years, at the discretion of the court in which he shall be tried. SEC. 28. And be it further enacted, That it shall be lawful for any such association to purchase, hold, and convey real estate as follows: — First. Such as shall be necessary for its immediate accommodation in the transaction of its business. Second. Such as shall be mortgaged to it in good faith by way of security for debts previously contracted. Third. Such as shall be conveyed to it in satisfaction of debts previously contracted in the course of its dealings. Fourth. Such as it shall purchase at sales under Judgements, decrees, or mortgages held by such association, or shall purchase to secure debts due to said association. Such associations shall not purchase or hold real estate in any other case or for any other purpose than as specified in this section. Nor shall it hold possession of any real estate under mortgage, or hold the title and possession of any real estate purchased to secure any debts due to it for a longer period than five years. SEC. 53. And be it further enacted, That if the directors of any association shall knowingly violate, or knowingly permit any of the officers, agents, or servants of the association to violate any of the provisions of this act, all the rights, privileges, and franchises of the association derived from this act shall be thereby forfeited. Such violation shall, however, be determined and adjudged by a proper circuit, district, or territorial court of the United States, in a suit brought for that purpose by the comptroller of the currency, in his own name, before the association shall be declared dissolved. And in cases of such violation, every director who participated in or assented to the same shall be held liable in his personal and individual capacity for all damages which the association, its shareholders, or any other person, shall have sustained in consequences of such violation. U.C.C. - ARTICLE 3 - NEGOTIABLE INSTRUMENTS..PART 5. DISHONOR § 3-501. PRESENTMENT. (a) "Presentment" means a demand made by or on behalf of a person entitled to enforce an instrument (i) to pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank, or (ii) to accept a draft made to the drawee. (b) The following rules are subject to Article 4, agreement of the parties, and clearing-house rules and the like: (1) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one of two or more makers, acceptors, drawees, or other payors. (2) Upon demand of the person to whom presentment is made, the person making presentment must (i) exhibit the instrument, (ii) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and (iii) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made. (3) Without dishonoring the instrument, the party to whom presentment is made may (i) return the instrument for lack of a necessary indorsement, or (ii) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule. (4) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cut-off hour not earlier than 2 p.m. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the cut-off hour. National banking corporations are agencies or instruments of the general government, designed to aid in the administration of a important branch of the public service, and are an appropriate constitutional means to that end. Pollard v State, Ala 1880, 65 Ala 628 See, also, Tarrant v. Bessemer Nat Bank 1913, 61 So 47,7 Ala App 285 Please be advised that You are required under the FCRA to have a copy of the original creditors documentation on file to verify that this information belongs to the account and is completely accurate. As the Director/Executor/Beneficiary/Grantor/Sole-Shareholder I am sure that you are well aware, that law states that, those utilizing Consumer Reporting Agencies bear grave responsibilities to ensure the accuracy of the accounts they custodians of, that holders in due course are acknowledged under Law. ****LEGAL NOTICE OF PENDING LITIGATION SEEKING RELIEF AND MONETARY DAMAGES UNDER FCRA SECTION 616 & SECTION 617**** The law is very clear as to the Civil liability and the remedy available to any Director/Executor/Beneficiary/Grantor/Sole-Shareholder for “negligent noncompliance” (Section 617) if you fail to comply with this Federal Law. Not that the Director/Executor/ Beneficiary/Grantor/Sole-Shareholder is a litigious consumer but that He fully intend on pursuing litigation in this matter to enforce the Director/Executor/Beneficiary /Grantor/Sole-Shareholder rights under the FCRA. In conjunction and in accordance with the FCRA in order to enforce the Director/Executor/Beneficiary/Grantor/Sole-Shareholder rights and seek relief as well as recover all monetary damages that the Director/Executor/Beneficiary/Grantor/Sole- Shareholder may be entitled to under Section 616 and Section 617 regarding your continued willful negligent and noncompliance, this document is being supplied to you. Despite all prior written requests, the validation of items listed above still remain allusive in violation of Federal Law. You are required under the FCRA to have a copy of the original creditor’s documentation on file to verify that this information is that of the Legal- Person and Name and is correct. You have FAILED provided ANY original documentation as required under Section 609 (a)(1)(A) & Section 611 (a)(1)(A). On the surface this matter is very disturbing and discouraging don’t you agree? By refusing to supply you will be violating the law and my rights under UCC. If your offices fail to respond to this validation request within 30 days from the date of your receipt it will be considered a default as you will be in dishonor. The aforementioned is true and correct and submitted by the Director/Executor/Beneficiary/Grantor/Sole-Shareholder Signed: ___________________________________________ Director/Executor/Beneficiary/Grantor/Sole- Shareholder UCC 1-308, 103, 415 Dated: 10-22-2011 Brett Jones Director/Executor/Beneficiary/Grantor/Sole-Shareholder any and all documents in this matter signed by the Director/Executor/Beneficiary/Grantor/Sole- Shareholder are done so under Reservation of rights UCC 1-308 and without recourse.
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