Sunday, July 21, 2013

Julian's Debt Contesting Experience - OPPT Success Stories


In loving memory of Jovan Julian Robles, February 19th 1988 - August 25th 2015.  

Since learning about the foreclosure on the worlds corporations including those masquerading as government, I began contesting the alleged debt that JOVAN J ROBLES "owed." I began doing this in March 2013 and have had quite a few interactions. Some have resulted in the debt being retracted from collection agencies and others still are attempting to collect a debt from a previously foreclosed entity. 



Contesting Debts and Allegations in General

Regardless of whether it is a debt, an order from a court, or any other request it is always guided by the rules of commerce; because Governments are Corporations held to the rules of Contract Law. You have a right to a transparent and open discourse: a meeting of the minds. You are a potential party to a contract, and have rights which can be asserted; if one knows thyself.

The Courtesy Notice and any other contesting method must achieve the following to be effective:

Assert who you are, ask who the other party is and where they derive the authority or right to make claims against you; granted by your explicit consent. 

If it is a corporation you are dealing with what proof do they have for the validity of the debt? Do they have a wet ink signature? Do they have a contract?

If it is an alleged Government contacting you, what authority did you give them to impose orders and directions on you? Remember, Governments derive their authority from the CONSENT of the GOVERNED.




Transparency is the name of the game and since the vast majority of these institutions are criminal organizations designed to scam the unsuspecting citizenry they do NOT want to act transparently. This is an advantage for us because the lawful system of Contracts and Commerce requires transparency, but only if that standard is upheld by a-party to the contract; this is you. To do nothing is to accept the criminal fraud and false allegations of someone sending you a letter or correspondence; AGREEMENT to their terms and conditions.

These tools clear the air, assert your rights, and declare how you will be engaging in business with them; they set the foundations for YOUR terms and conditions.


All Third Party Debt Collection is Fraud

A little secret about debt is once it is discharged by any party, that party looses prior claim to it.  Remember its all based on Contracts.  Lenders or Creditors claim their interest is the money that was lent to you.  If they recover that money, by selling the debt to a third partyor they retract their interest in the contract by discharging the debt, they lose all claims to it over you. 


Think about it, if a Lender was at risk of loss due to my lack of payment and then sold the debt for a sum of money that risk is gone because they have "recovered" their original interest in the contract.  How you can recover a debt by selling it to a third party and then still try to collect on it? 

This is exactly what happens in 3rd party debt collection.  The party you originally contracted with sold your debt, giving up their claim to it. And now a third party is trying to compel you to contract with them on a debt that had absolutely no valid enforceable authority in law, but only if you assert your rights and dispute the claim.  


A contract requires transparency and agreement of the parties involved.  Did you sign with your wet ink signature making a new contract with this third party? No you did not and the way they get around that is by asking for you to send them payment, even if it is very small.  This creates a legal (but not lawful) basis for contract which they can then try and use against you.  Legal but not lawful? How does that make sense, lets take a look.


The legal basis is referred to as Tacit Procuration. Tacit means:

Understood or implied without being stated
and Procuration means:
The act by which one person gives power to another to act in his place, as he could do himself. A letter of attorney.
Procurations are either express or implied; an express procuration is one made by the express consent of the parties; the implied or tacit takes place when an individual sees another managing his affairs, and does not interfere to prevent it.
Consent for Procurations can be 'implied' by failure to respond or 'stand up and state otherwise.' Given these meanings what we can understand is FAILURE to respond is CONSENT. We must REBUT the PRESUMPTIONS that this new third party has any claim to the debt. Contesting the debt with a written statement is, in law, absolutely effective as a means of rebutting the presumptions and REMOVES the IMPLICATION that this undisclosed third party may have PROCURED the claim on the debt by TACITUS means. 

It is unlawful because in order for a contract to be binding and enforceable there must be a "meeting of the minds" or full disclosure and transparency. A-party to a contract that sells off their interest to a new party without the express consent of ALL parties involved (which means your explicit consent) is unenforceable in law, unless you unwittingly allow them Tacit Procuration by NOT rebutting their presumptions and responding to their offer to contract. 


Is it not amazing how these simple methods, of rebutting presumptions and making offers, apply to small debts and individuals as they do with governments and corporations. These are the very principles the former OPPT used to foreclose on the slavery systems world wide. 


Once they have Tacit Procuration they will attempt to enforce their claim against you. Usually this is done with a summary affidavit, which again if not rebutted is cured and turned into a judgement. You sending them payment is "agreement to the new terms and conditions" with this new third party; again by tacit procuration.


This is why knowing yourself and the world is so important.  If you unwittingly agree to pay the debt, after it was retracted, it breathes life back into a discharged debt. Now you can be contractually held to a new agreement to pay a debt that does not actually exist anymore!

The Tools


Before we get into the examples I have, lets go over the tech/tools used to contest debts:

Courtesy Notice - Here is a sample courtesy notice with terms and conditions, the standard tool I have been using. Not only does it contest the debt it also notifies the individual of the foreclosure of the corporations world wide. Especially those operating under the guise of the interest of the one people; "Governments."

                 


                 


               


               


               


Certified Mail - Always send it certified, to track it.  The reason for this is because in commerce assertions made by either party are "cured" over time.  When you send your terms and conditions (a courtesy notice or another form of terms and conditions) you are making an offer to contract, an event which can be tracked via a third party.  In this case the Post Office holds PROOF we made an OFFER to contract.  The courts use this same method when they send traffic tickets and court orders directing you to appear or what not.



Debt Contesting Letters - There are a multitude of different ways to word letters to contest debts but all primarily use the same basic concept. A great resource is www.getoutofdebtfree.org, this is where I got the basis for the following letters:






Self Knowledge - Be informed, know your self, and your inalienable rights. The best preparation or tool anyone has to work with is themselves, and empowering that with key knowledge is a profound tool for asserting one's rights.  Know thyself, know the system (even if it is corrupt) and have a personal experience with these concepts.  Belief is not enough, as it puts your faith ultimately in the hands of another.  


This other person may not have your best interest at heart and the legal systems which allow these corporations to operate do not intend on being fully transparent.  Step aside from belief and enter knowing.  Research and develop a personal knowledge. You must live the truth to know it.




Examples




We are going to detail the following letters in 2 sections: Ongoing Negotiations and Discharge Letters. 


Section 1: Ongoing Negotiations

Niagara Credit Solutions, Inc (alleged)

Niagara is part of a huge success and I will be discussing that later, however this is the first part of a story related to Chase. 

I received this attempt to collect a debt from a previously foreclosed entity (NIAGARA). A Courtesy Notice was sent to the CEO of Niagara Credit Solutions and no response was ever received. I called Niagara and they informed me they had retracted their stance and had "given" the debt back to Chase.  In other words Niagara Credit Solutions, Inc., upon the receipt of my Courtesy Notice, decided they did not want to contract with me and walked away. 


This is success! 


There are several reasons why debts which are sold to a third party are un-enforceable in contract law.  As we discussed earlier. Once a debt is discharged it has been "written off" by the original party to the contract; they consented to remove their interest in the contract which makes the contract non-binding.  Even though, Niagara "gave" the debt back to Chase that does not mean it is now enforceable  At this point the debt is dead and for all intents and purposes you do not owe anything. However, the system at large deceives you into thinking you still owe.  What I did, was call Niagara on their bluff: 

"If I own you this debt, prove to me where I agreed as such with your company, Niagara Credit Solutions, with a wet ink signature contract." 
Since Niagara was not ever a party to the original enforceable contract (the one with your wet ink signature) they did not have a valid claim and retracted any claim.  


The Niagara contact:







Now that Niagara's claim to debt was discharged back to the original holder, I began attempting to contact Chase.


J.P. Morgan Chase Bank N.A. Chase (alleged)

I called Chase. At first I was put on hold and told I need to speak to a specialist but the call went straight to voicemail.

After leaving a voicemail and not getting any contact for over a month I decided to contact Chase again via phone and they finally sent me this as of June 26th 2013:





After receiving this letter, I sent out my first debt contesting letter on July 3rd 2013, which is also a contract between myself and the individual who contacted me; much like the Courtesy Notice. It simply states that I would be happy to settle any financial obligation I might lawfully owe, as soon as they can prove I do lawfully owe it.







Now as I am writing this it is July 20th 2013, to this date I have not received any further correspondence from Chase in regards to this account; they have agreed to my terms and conditions. However I am not waiting on Chase to settle this for me. In the correspondence I sent it clearly stated they had 10 days to get in contact with me otherwise they would be agreeing to my terms and conditions which state:


1. That the debt did not exist in the first place;

OR

2. It has already been paid in full;

AND

3. That any damages suffer, you will be held culpable;

4. That any negative remarks made to a credit reference agency will be removed;

5. You will no longer pursue this matter any further.

6. You agree to pay all fee schedules.



I have sent them a reminder, part of the contract I am creating with them on July 16th 2013:




At this point I am awaiting to see if I get any contact, specifically any of the items I requested so that I can settle this alleged debt.


Asset Acceptance LLC (alleged) 
This is actually the first corporation I started my debt contesting with and therefore have the most correspondence with. This was my guinea pig if you will and as you will see I made quite a few "mistakes" or happy little accidents which taught me how to conduct myself/respond in the future.

I learned, I should only be sending my correspondence to one individual from the corporation, they will undoubtedly attempt to shift you around to multiple different departments. Especially when they are not sure what to do with your claims.


Here is the first letter I received on February 1st 2013, it was an offer to contract:




Creditors and Collectors give us the appearance they help us. Don't let them fool you. I then sent a Courtesy Notice to the person who sent me this letter, as well as the company CEO.

I received a letter on March 12th 2013 from another department in the same company, addressed from another individual. In the letter you can clearly see they have no idea what I am referring to, indicating lack of due diligence. Their solution? Continue to attempt to collect on a fraudulent debt, also notice they do not provide any of the information I asked for in my Courtesy Notice  This generates an invoice for the original individual I contacted:




After receiving this letter I actually sent a reminder on April 10th 2013, in regards to the Courtesy Notice, the fee schedule, and an overdue notice. Reminding them again how we can resolve this:






After sending this letter I received correspondence stating they do not understand my claim but do realize I am disputing the accuracy of their records. This action incurs another invoice for the original individual who had first contacted me, as well as this new individual from the separate department on April 25th 2013:






Invoice #2 for first individual, invoice for contact on April 25th 2013.


Invoice #1 for April 25th 2013 initiated contact from new individual:
At this point I am trying to help them see what I am talking about, seemingly to no avail. I sent this as a follow up:


When they saw that I included THE FAIR DEBT COLLECTIONS PRACTICES ACT they immediately got my case over to an attorney.


I found it interesting that this person (in their mad rush?) misspelled my fictitious name as JOVAN J. ROBLE, and in the first sentence of the second paragraph they don't even bother including the original creditor address in their copy/paste form. 



When I received this contact I began using a new tool besides the Courtesy Notice, a simpler debt contesting letter/contract (which I discussed above).






 I also sent a FINAL NOTICE to the original individual for their first INVOICE.





Now it has been past the 10 day mark for the attorney to respond to my letter with the information I am requiring to settle this account. They did not respond, here is my follow up:



 Also needed to send OVERDUE NOTICES(2) for previous INVOICES:
Update July 23rd 2013:

After my second letter went without response past the 10 day period set forth in the contract, I sent the 3rd follow up letter. In this letter you will see an additional term:


8.     You have not proven any debt, if you sell the alleged liability, and/or appoint an agent to act on its/your behalf on this matter you will have broken our agreement and you agree to pay the following fee schedule  $6400 for dishonoring our agreement, $1000 per hour or part of it of Authorized Representatives time nunc pro tunc, $1000 per recorded delivery or any other form of response nunc pro tunc also any further contact is now not necessary, if however you deem a need to contact me by phone or letter the fee is $100 per item payable in advance, place the check in the envelope, if no payment is made in advance the fee will rise to $1000 per item and you will also be held culpable for any cost incurred while recovering the debt you owe.


As per instructions I am following from GetOutofDebtFree.org, I will be sending out a Debt Estoppel if I receive no response from this individual/corporation.

"If you don't [get] anything more from them for 30 days after sending the third letter, send them the Estoppel document. If you do hear anything from them, send them a Bill and start charging them!"

In 30 days I will update this, unless of course I do receive duly verified documentation in which case I will update it sooner.

At this time I am continuing to follow the time table set forth in the contracts I have started with these individuals, which can lead up to a commercial lien process for the invoices I sent them.

If you feel empowered to do so and want to learn more about how to use these letters please visit getoutofdebtfree.org and be sure to read the Getting Started page. They also have a video you can watch 
http://youtu.be/Oi4F5QqyjVw.




T-Mobile U.S.A. Inc. (alleged) 
This was another company I had on my credit report; I sent a Courtesy Notice to the CEO. I was contacted by another individual, generating a Courtesy Notice for them. Instead of invoicing the CEO per the Courtesy Notice they had already received, I sent a reminder to the CEO.

The letter I received in response:





I was then sent another letter from the second individual, this time generating an invoice for both. Notice in the letter they make reference to payment in United States Currency, which means they obviously read my Courtesy Notice requiring payment in silver and the Perth Mint:


The INVOICES:


In these letters T-Mobile insists I get in contact with Midland Credit Management, so I did. Here is what Midland had to say after a lengthy correspondence which I will detail later in this post. I also forwarded this to T-Mobile, they have not responded to this date:


From Midland Credit Management:




Merchants Association Collections Division (alleged) 
This is an interesting case because it is an old "debt." This is all medical debt that was placed on me when I contracted meningitis and was hospitalized. This company has multiple different accounts associated with me. Since I am not going to reveal the account numbers and since the letters are all the same I am going to only upload one copy of the 7 letters I sent.

I did receive a response 1 day before the 10 day period ended as stated in the correspondence; it plainly states "your request for proof." Then all they provide as "proof", which was not at all what I requested, was a balance on an account. Where is my wet ink signature?

I sent another letter, requesting the information again:

Awaiting response.





Department of the Treasury, Internal Revenue Service (alleged) 
For the IRS I had received a letter quite some time ago it was over a year old but I still decided to respond first with a Courtesy Notice. At around this same time I had found out about another tool to use which are the debt contesting letters/contracts. After I received response to my letter, I sent a debt contesting letter.


The first letter:


I dug that letter out of my records and sent my response to the IRS:
















Their response on June 26th 2013:


After receiving this letter I sent a response to the individual asking for proof of claim:


I did not receive a response within my 10 day terms and conditions. As such, I sent my second letter:


I await response.








Section 1: Discharge Letters

Niagara Credit Solutions, Inc (alleged) 
I had an old letter from this corporation I decided to respond to. After I sent them a Courtesy Notice they did not get in contact with me again, at which point I called them and was informed they retracted their claim on this debt. I had to contact Chase which I detailed earlier (VICTORY!).


 


Midland Credit Management Inc (alleged) 

This corporation actually called me one evening and I decided I would take down the information in regards to the accounts, and send them a Courtesy Notice.  A notice was sent to the individual I spoke to, as well as the CEO. Their response was an "Attempt to Collect a Debt" dated April 10th 2013: 


I sent a letter in response on April 23rd 2013:


After which I received a retracting statement (VICTORY!). I did not stop here. I went on to T-Mobile where I am still awaiting their response from the letter I sent on April 24th 2013:



                                      

     

Jefferson Capital Systems LLC (alleged) 

This corporation sent me a letter stating that "Everyone deserves the opportunity to have a fresh start" =). I sent them one letter and then received a retracting statement (VICTORY!).




The first letter (DATE UNKNOWN):


I did not send a Courtesy Notice this time because I did not have a person to contact. I thought they would attempt to try and collect again but I was wrong. This is the letter I sent them on June 3rd 2013:
Then, their retracting letter dated June 14th 2013:




Notice the lovely sentence "To resolve your dispute, we have terminated further collections efforts and closed our file."

I hope this will help others in their quest to declare their sovereignty and gain a KNOWING within themselves that this is real and can work!



- Julian

Supporting Material:

Public Notice of foreclosure on all Banks & "Governments":





Resources for this post:


• For information related to the Courtesy Notice, OPPT, Foreclosure of Corporations and a like, come here to the i-uv.com website. The site is vast make sure you take the time to explore all the sections:

http://i-uv.com/oppt-absolute/oppt-tools/oppt-courtesy-notice/

• For information related to Debt Contesting Letters come here:
http://www.getoutofdebtfree.org/
• The Wiki Page for the Fair Debt Collection Practices Act
http://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act
• Rubber Stamp Font
Rebecca Simpson @ rebeccasimpsondesign@gmail.com

• Dean Clifford 
http://deanclifford.info/
 • Judge Dale The Great American Adventure
http://briankellysblog.blogspot.com/2013/05/judge-dale-great-american-adventure.html
 • Trent Goodbaudy - Freedom From Government 
http://freedomfromgovernment.us/



Justin contributed to this Post.



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