Debts can be purged using the Fair Debt Collection Practices Act. Credit history
can be restored by using the Fair Credit Reporting Act. Creditors can be defended
against with knowledge of simple contract law, Generally Accepted Accounting
Principles, rules of court and the basis that banks do not loan anything. Debt
collectors can be defended against with the basis that an assignee cannot
establish any contractual nexus to enforce a claim.
Banks are prohibited from loaning. They can’t loan other depositor’s money
because of the matching principle under GAAP. They can’t loan out nor risk any of
their own assets because of Federal Reserve regulations.
In order to accept a credit application or promissory note, the banks must convert
the customer’s note into a check and give it back to him. Only they can do this
because they have a monopoly on negotiable instruments. It is the customer who
creates the currency and funds the line of credit to himself. The customer is the
depositor (creditor). The banks conceal this fact by carrying out what appears to
be a loan approval process for each customer. There is no loan from the bank.
The object in defending yourself against a creditor that has not assigned the
account to a debt collector is to manipulate the creditor into a new agreement
and/or force the account into collections.
The creditor can be sent a notice of final payment with the expectation that the
creditor will not dispute the payment or its terms in writing, thereby accepting it
as payment in full. When the final payment is accepted, and the creditor has
failed to respond or object to the notice of final payment, it makes it very difficult
for them to maintain a claim against the account holder.
In practice, the creditor will call you to ask about late payments. It is prudent to
take a record of the caller’s name, company, mailing address, and phone and fax
numbers, date and time of call, and then request that the caller limit
communications with you only to writing. It is best to disconnect the call after
obtaining this information and then to send a written correspondence making the
If the calls continue, you can do this again or make a complaint with your state’s
attorney general’s office.
In most cases, the creditor will assign the account to collections. Once this
happens, the third party collection efforts are regulated under the Fair Debt
Collections Practices Act.
The debt can be assigned, but that doesn’t automatically mean that you have a
contract with the new 3rd party debt collector; in fact you don’t as long as you
don’t contract with them by acquiescence.
The third party assignee usually has no agreement with the debtor, so in order to
recover the loss that it chose to incur; it needs the debtor’s consent. This is
usually obtained by deceit, by tricking the debtor into accepting a new obligation.
You can request from them a validation of the purported debt. This they’re not
going to be able to fully respond to – the collector never provided any services or
products, neither is there an automatic obligation for you to pay.
When the collector responds with anything but some written agreement, evidence
of your consent or evidence of consideration (e.g. payment), they have failed to
Most collectors who receive this request will never pursue the collection.
If the collector persists in ignoring your request for validation, a complaint to the
Federal Trade Commission may be appropriate. Just listing the address for the
FTC on the second notice is likely to get positive results.
Get the full process with form and how to manual included in the Secured Party Creditor Pack..