Beruflich Dokumente
Kultur Dokumente
Pursuant To: The Truth in Lending Act, 15 USC §1601-1667j (full disclosure) § 809.
Validation of debts [15 USC 1692g], Generally Accepted Accounting Principles
Hierarchy & Generally Accepted Auditing Standards
Date Sent:___________________________
SEND ALL CORRESPONDENCE TO: SENT TO: THE ALLEGED DEBT COLLECTOR:
THE ALLEGED DEBTOR: ©™JOHN DOE WEST ASSET MANAGEMENT
DIDDLY©™ c/o 2703 N. HIGHWAY 75, SHERMAN, TEXAS, 75090
c/o 12345 67TH STREET NORTH SENT VIA:
West Palm Beach, Florida, near [33412]
ALL RIGHTS RESERVED UCC 1-308
In Spears vs. Brennan, “the collector cannot get a judgment until the debt is validated.”
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NOTICE OF NON-RESPONSE/ FAULT #1
Pursuant To: The Truth in Lending Act, 15 USC §1601-1667j (full disclosure) § 809.
Validation of debts [15 USC 1692g], Generally Accepted Accounting Principles
Hierarchy & Generally Accepted Auditing Standards
(c) An obligor is not obliged to pay the instrument if the person seeking enforcement of the
SEND ALL CORRESPONDENCE TO: JOHN DOE DIDDLY
c/o 12345 6TH STREET NORTH
West Palm Beach, Florida, near [33412]
ALL RIGHTS RESERVED UCC 1-308
Page | 2 of 14
NOTICE OF NON-RESPONSE/ FAULT #1
Pursuant To: The Truth in Lending Act, 15 USC §1601-1667j (full disclosure) § 809.
Validation of debts [15 USC 1692g], Generally Accepted Accounting Principles
Hierarchy & Generally Accepted Auditing Standards
Page | 3 of 14
NOTICE OF NON-RESPONSE/ FAULT #1
Pursuant To: The Truth in Lending Act, 15 USC §1601-1667j (full disclosure) § 809.
Validation of debts [15 USC 1692g], Generally Accepted Accounting Principles
Hierarchy & Generally Accepted Auditing Standards
Page | 4 of 14
NOTICE OF NON-RESPONSE/ FAULT #1
Pursuant To: The Truth in Lending Act, 15 USC §1601-1667j (full disclosure) § 809.
Validation of debts [15 USC 1692g], Generally Accepted Accounting Principles
Hierarchy & Generally Accepted Auditing Standards
NOTICE OF FAULT:
FAULT #1: You failed to produce to me an accurate 1099INT (Reportable interest for the tax
year) and 1099OID (Original Issue Discount) regarding this tax year.
FAULT #2: You failed to produce to me your Social Security Number or your Employer or
Employee I.D. Number or your Tax Identification Number, or your ITIN (i.e. a properly filled
out W-9 tax form, request for EIN), along with your business license number, insurance
number, and/or BAR admission number, (for verification purposes and tax return).
FAULT #3: You failed to fully disclose and discover to me the full name, status and identity
of the person requesting payment from me.
SEND ALL CORRESPONDENCE TO: JOHN DOE DIDDLY
c/o 12345 6TH STREET NORTH
West Palm Beach, Florida, near [33412]
ALL RIGHTS RESERVED UCC 1-308
Page | 5 of 14
NOTICE OF NON-RESPONSE/ FAULT #1
Pursuant To: The Truth in Lending Act, 15 USC §1601-1667j (full disclosure) § 809.
Validation of debts [15 USC 1692g], Generally Accepted Accounting Principles
Hierarchy & Generally Accepted Auditing Standards
FAULT #4: You failed to give me the full name, place of business, city, state and zip code of
the accountant, fiduciary, trustee, and/or nominee appointed over and is responsible for my
financial records (i.e. Assets and liabilities, revenues and expenses, accounts receivable and
payables), balance books, ledger records, transaction records, income statements, and assignment
records pertaining to my alleged account. Pursuant to U.C.C. Section 9-210, which deals with
requests for an accounting and statement of account; UCC Sections 9-608(a) and 9-615(d) to the
extent that they require accounting for or payment of surplus proceeds of collateral; and UCC
Section 9-616, which deals with explanation of the calculation of a surplus or deficiency;
Furnish a W-9 to me to verify your EIN, SSN, TIN or ITIN and a tax form 4506T (tax transcript)
if you happen to have a copy of mine. Thank you.
FAULT #5: You failed to provide me with an affidavit of fact under your unlimited commercial
liability, under risks, pains and penalties of perjury, stating that your record is true, complete and
not misleading. You failed to secure your claims and statements. PROVE YOUR CLAIM
FAULT #6: You failed to prove that I was a borrower in the original transaction and not a
creditor (by producing the accounts receivable and accounts payable regarding assets and
liabilities; revenues and expenses) and you failed to prove that you withdrew any funds from
your own account or from an identifiable account, on the day, time, and hour that you claim to
have gave me a loan (produce the record and file number). You failed to prove that the alleged
loan was credited to my account or gaven to me in my hand (i.e. a tangible cash exchange) on
that day.
FAULT #7: You failed to admit that you actually lent me anything and what did you
actually give me and/or risk in tangible value when you allegedly loaned and/or gave
me anything. You can only prove the contrary with your revenues and expenses
SEND ALL CORRESPONDENCE TO: JOHN DOE DIDDLY
c/o 12345 6TH STREET NORTH
West Palm Beach, Florida, near [33412]
ALL RIGHTS RESERVED UCC 1-308
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NOTICE OF NON-RESPONSE/ FAULT #1
Pursuant To: The Truth in Lending Act, 15 USC §1601-1667j (full disclosure) § 809.
Validation of debts [15 USC 1692g], Generally Accepted Accounting Principles
Hierarchy & Generally Accepted Auditing Standards
FAULT #8: You failed to prove that you are the holder in due course (Per UCC §3-
302. HOLDER IN DUE COURSE and §3-308. PROOF OF SIGNATURES AND
STATUS AS HOLDER IN DUE COURSE) of my original wet-ink signed promissory
note (per UCC §3-104 regarding NEGOTIABLE INSTRUMENTS).
FAULT #9: You failed to prove that you are an entitled party (per UCC 3-301, "Person
entitled to enforce") of my note and you failed to prove that this debt is not an illegal
debt which in nature is a counterfeit copy of the original and potentially contraband in
the process of being hypothecated and leveraged.
FAULT #10: You failed to prove that you are GAAP compliant and that my asset(s)
have been applied to my liabilitie(s) and the accounting books are accurate, true, and not
misleading and can be readily traced back to its original source (i.e. to the cause of the
credit, extension, or “loan”).
FAULT #11: You failed to prove that you are not a fiduciary, servicer, nominee or trustee of my
account for the benefit of me, the lawful beneficiary of the account and by tacit acquiescence you
admit that you are a fiduciary, servicer, nominee, or trustee of my account. By default I assume
that you are a servicer of my debt and you are holding my debt discharging instrument sent to
you Certified mail # 70150640000466264414, Return Signature Receipt #
9590940304155163194684, 09/19/2015 (September 19, 2015).
FAULT #12: You failed to prove that this account #12345678 has not been settled
and/or sold already to a third party creditor and that YOU are not acting as a debt
collector soley in the name and impersonation of the original creditor. Identify yourself.
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NOTICE OF NON-RESPONSE/ FAULT #1
Pursuant To: The Truth in Lending Act, 15 USC §1601-1667j (full disclosure) § 809.
Validation of debts [15 USC 1692g], Generally Accepted Accounting Principles
Hierarchy & Generally Accepted Auditing Standards
FAULT #14: You failed to prove how much interest have accrued in my soo called
account and how much of my funds went to the principle amount and how much went
just to the interest.
FAULT #15: You failed to prove that my signature was not an indorsement,
authorization and/or VALUABLE CONSIDERATION (Per UCC 3-303
"Consideration", Section 3-204 "Indorsement" Section 3-602 "Payment", and UCC
Section 3-303 regarding "Value") like a money order or pay check (cash item/ asset)
properly indorsed. UCC 3-103 (5) "Maker" means a person who signs or is identified in
a note as a person undertaking to pay.
FAULT #16: You failed to prove that this note/ "Item”/ account (per UCC 4-104) was
not marked down on your balance books as an asset after I executed the alleged
promissory note/ contract (Pursuant to Section 3-501 "Presentment" and Section 3-409
"Acceptance".).
FAULT #17: You failed to prove (pursuant to UCC 3-103 (10) "Prove") that my
promise to pay (pursuant to UCC Section 3-103 (9) "Promise”) note was not a ‘legal
tender’ (i.e. money; a medium of exchange; money equivalent) payment and asset, on
the banks ledger books (Accounts Receivable/ Payable) according to State and Federal
credit laws and accounting principles (GAAP/ FASAB/AICPA and GAAS), codes of
ethics (CPA), standards and conducts, in effect, under HJR 192, Public law 73-10, 48
Stat., 112, and Title 31 5118. Pursuant to UCC Section 3-103 (9) "Promise" means a
SEND ALL CORRESPONDENCE TO: JOHN DOE DIDDLY
c/o 12345 6TH STREET NORTH
West Palm Beach, Florida, near [33412]
ALL RIGHTS RESERVED UCC 1-308
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NOTICE OF NON-RESPONSE/ FAULT #1
Pursuant To: The Truth in Lending Act, 15 USC §1601-1667j (full disclosure) § 809.
Validation of debts [15 USC 1692g], Generally Accepted Accounting Principles
Hierarchy & Generally Accepted Auditing Standards
FAULT #18: You failed to prove that you have not been paid (Accounts Payable/
Receivable). A mere receipt and demand to pay is not sufficient proof of ledger
records (from an accountants point of view). I request for an audit of my account. A
thorough investigation has commenced.
FAULT #19: You failed to provide me with an ORIGINAL signed contract and other
supporting documentation that gave rise to the alleged obligation WEST ASSET
MANAGEMENT and/or COLUMBIA HOSPITAL is claiming owed.
FAULT #20: You failed to provide me with a statement, under penalty of perjury that:
a. your client is the bonafide party in interest of the contract and will produce said
ORIGINAL signed contract (#14 above) for my own and a judge’s inspection should
there be a trial to contest these matters. b. the name and address of all persons,
corporations, associations, legal firms or any other parties and entities having an interest
in the collection or legal proceedings regarding the alleged $ 1261.26 debt
(ACCOUNT #12345678).
You have not purchased evidence of debt and are proceeding with this collection
activity solely in the name of the original contracting party.
You know and understand that certain clauses in a contract of adhesion are
unenforceable unless the party to whom the contract is extended could have selectively
rejected the clause.
OPPORTUNITY TO CURE
NOTICE:
SEND ALL CORRESPONDENCE TO: JOHN DOE DIDDLY
c/o 12345 6TH STREET NORTH
West Palm Beach, Florida, near [33412]
ALL RIGHTS RESERVED UCC 1-308
Page | 9 of 14
NOTICE OF NON-RESPONSE/ FAULT #1
Pursuant To: The Truth in Lending Act, 15 USC §1601-1667j (full disclosure) § 809.
Validation of debts [15 USC 1692g], Generally Accepted Accounting Principles
Hierarchy & Generally Accepted Auditing Standards
Page | 10 of 14
NOTICE OF NON-RESPONSE/ FAULT #1
Pursuant To: The Truth in Lending Act, 15 USC §1601-1667j (full disclosure) § 809.
Validation of debts [15 USC 1692g], Generally Accepted Accounting Principles
Hierarchy & Generally Accepted Auditing Standards
6. Please also stipulate for the record whether or not my loan has been securitized,
and if so, the name of the REMIC/Trust my loan is bundled with.
7. The identity of the true holder in due course for my loan. If the loan has been
securitized, the name of the REMIC my loan was sold to and/or the CUSIP
number under which my loan was securitized to.
8. If my loan has been securitized, then please provide me the pooling and
servicing agreement that names my loan as well as any documentation that
explicitly gives you the right to service my loan as well as enforce the
promissory note in the event of litigation. If you are hiding these facts from me
despite my request, then you are hereby notified that you are committing fraud
and shall be named in a wrongful litigation civil action. A statement admitting
whether you have sold my note in a pooling and servicing agreement. This is
also known as securitization.
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NOTICE OF NON-RESPONSE/ FAULT #1
Pursuant To: The Truth in Lending Act, 15 USC §1601-1667j (full disclosure) § 809.
Validation of debts [15 USC 1692g], Generally Accepted Accounting Principles
Hierarchy & Generally Accepted Auditing Standards
10. What principles and methods of accounting do you use (i.e. Cash Based Method
or Accrual based Method)?
11. I request for you to produce to me, on and for the record, under risks and pains
of perjury, an accurate, original, and authentic snapshot of the financial
accounting ledger books, off-record balance sheets, the subsidiary ledger
books containing the supporting details regarding Asset, Liability, Debit, Credit,
Deferred payments, Principle, Interest, Revenue and Expense, income
statements, balance books, bank account(s) statement(s), escrow account(s)
statement(s), transaction records, transfer records, assignment records, your
accounts PAYABLE, my accounts RECEIVABLE, and an easy to read record
of the payments that I have already made, in a tangible, and reasonable form,
medium, and /or writing.
12. I request that you send me an accurately filled out IRS tax form showing the
correct amount and information on either the IRS Form 1099 INT (to report the
interest for the entire tax year), 1099 OID (to report the interest or dividend from
form 1099 INT or 1099 DIV), 1099 DIV (to report the Dividend), 1099 B (to
report Brokerage/barter exchange), 1099 C (to report cancellation/ forgiveness
of a debt), 1099MISC (to report miscellaneous exchanges), W-9 (a request for
your E.I.N. or SSN), W-4 (if there are any federal withheld income tax or
backup withholding) and/or a form W-2 (to report wages) regarding my personal
income, interest income, investment income, investment proceeds, accrued
interest, non-cash proceeds, credit, backup withholding funds, losses, gains,
brokerage/barter, dividends, cash and/or cash equivalent and/or etc. pursuant to
the IRS and its Publication 550 (codified in Title 26 United States Codes,
SEND ALL CORRESPONDENCE TO: JOHN DOE DIDDLY
c/o 12345 6TH STREET NORTH
West Palm Beach, Florida, near [33412]
ALL RIGHTS RESERVED UCC 1-308
Page | 12 of 14
NOTICE OF NON-RESPONSE/ FAULT #1
Pursuant To: The Truth in Lending Act, 15 USC §1601-1667j (full disclosure) § 809.
Validation of debts [15 USC 1692g], Generally Accepted Accounting Principles
Hierarchy & Generally Accepted Auditing Standards
IRS Definition of Nominee: “Generally, if someone receives interest as a nominee for you,
that person must give you a Form 1099-INT showing the interest received on your behalf. If
you receive a Form 1099-INT that includes amounts belonging to another person, see the
discussion on Nominee distributions. Nominee. If someone else is the holder of record (the
registered owner) of an OID instrument belonging to you and receives a Form 1099-OID on
your behalf, that person must give you a Form 1099-OID.”
“If you receive a Form 1099-OID that includes amounts belonging to another person, see
Nominee distributions in IRS Publication 550.”
I must include a part of the interest in my income as OID each year. Each year the bank
must give me a Form 1099-OID to show me the amount I must include in my income for the
year (Tax Season), in respect to the instructions you give me.
If you are unable to provide this proof as I have requested within 7 days, then you admit to
not being a party of interest and cannot rightfully enforce your claim under U.C.C . -
ARTICLE § 3-301. If you are unable to provide this proof and verification of accounting as I
have requested from you within 7 days, then you admit to not being a true party of interest and
SEND ALL CORRESPONDENCE TO: JOHN DOE DIDDLY
c/o 12345 6TH STREET NORTH
West Palm Beach, Florida, near [33412]
ALL RIGHTS RESERVED UCC 1-308
Page | 13 of 14
NOTICE OF NON-RESPONSE/ FAULT #1
Pursuant To: The Truth in Lending Act, 15 USC §1601-1667j (full disclosure) § 809.
Validation of debts [15 USC 1692g], Generally Accepted Accounting Principles
Hierarchy & Generally Accepted Auditing Standards
Under US Code TITLE 15 CHAPTER 41 SUBCHAPTER V § 1692g part b), this debt is
in dispute. By law, all collection activities must cease and desist until this matter is resolved.
You are hereby given notice. Blatant disregard for this law is subject to fines by the FTC. You
are advised to consult legal counsel on this matter. I am giving you formal notice that failure to
respond to this letter through a verified and validated proof of claim within 7 days as I have
asked for, point for point will be taken as an administrative default. Please be advised. A
COPY of the said Note nor an Affidavit of Loss or any other forms will not be acceptable.
Litigation is very expensive and should be avoided at all cost. This is my good faith attempt to
resolve this matter before I am forced to litigate against your company. I am pleading with you to
resolve this matter privately and civilly as to avoid burdening our courts with this matter. If I
have to, I will see you in court. This is not an idle threat.
Contacting me again after receipt of this notice without providing procedurally proper
validation of the alleged debt constitutes a scheme of fraud by advancing a writing that you know
or should know is false, with the intention that the courts and/or others rely on the written
communication to impair or damage my credit rating, my reputation, my standing in the
community as well as intentionally inflicting financial and emotional harm upon me. I take this
notice, and my rights, very seriously and expect WEST ASSET MANAGEMENT INC
AND/OR COLUMBIA HOSPITAL to do the same.
In the event that this debt is not validated by you as required by the Fair Debt Collections
Practices Act, you have a legal responsibility to terminate the claim, restore my credit and
correct any negative credit reporting which may have been made in connection with this alleged
debt (Account number #12345678). You may want to obtain a legal opinion on this, but I believe
that would constitute a scheme of fraud if this debt were to be resold; assuming that WEST
SEND ALL CORRESPONDENCE TO: JOHN DOE DIDDLY
c/o 12345 6TH STREET NORTH
West Palm Beach, Florida, near [33412]
ALL RIGHTS RESERVED UCC 1-308
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NOTICE OF NON-RESPONSE/ FAULT #1
Pursuant To: The Truth in Lending Act, 15 USC §1601-1667j (full disclosure) § 809.
Validation of debts [15 USC 1692g], Generally Accepted Accounting Principles
Hierarchy & Generally Accepted Auditing Standards
I also will not respond to any future correspondence which is not signed or does not indicate
who at your firm has sent the demand for payment.
I expect timely responses to the above confirmations and that they be made in writing and sent
via certified mail to the address listed above. Alternately, a letter from your firm that the matter
has been satisfied and a copy of the letter you sent to all 3 credit reporting agencies asking them
that any adverse credit reporting relating to this transaction to be expunged by these three major
credit reporting agencies (Experian, Transunion, and Equifax) immediately.
Sincerely, ______________________________________________
John Doe Diddy., Beneficiary, Agent, Auth. Rep. and P.O.A.
For JOHN DOE DIDDLY
All Rights Reserved, Without Prejudice
UCC 1-308
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