• Report: #297594

Complaint Review: Alliance One

  • Submitted: Sun, January 06, 2008
  • Updated: Fri, March 14, 2008

  • Reported By:Macon Georgia
Alliance One
8589 Aero Dr San Diego, California U.S.A.

Alliance One Alliance One Harrassing calls, letters and then I caught em! Stopped Them! San Diego California

*REBUTTAL Individual responds: Update on Alliance One

*Consumer Comment: You're missing the point

*UPDATE Employee: Rockstar is right.

*UPDATE Employee: Rockstar is right.

*UPDATE Employee: Rockstar is right.

*UPDATE Employee: Rockstar is right.

*Consumer Comment: See, you contradicted yourself

*UPDATE Employee: In Reply to Johns question to Rockstar

*UPDATE Employee: just trying to help

*Consumer Comment: Yeah rockstar, why are you stalling?

*UPDATE Employee: Why Stall?

*UPDATE Employee: Why Stall?

*UPDATE Employee: Why Stall?

*UPDATE Employee: Why Stall?

*Author of original report: Alliance One - Response

*Consumer Comment: Im curious

*Consumer Comment: Im curious

*Consumer Comment: Im curious

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Alliance One began contacting me in Dec of 2006 regarding a tax liability.

The collector was loud, obnoxious and abusive. I asked for info to be sent by mail and then once I got his name, I dropped a bomb on them.

They no longer call me, they no longer mail me and they will not accept my phone calls.

I would be happy to share this with anyone.

John doe
Macon, Georgia
U.S.A.

This report was posted on Ripoff Report on 01/06/2008 06:05 PM and is a permanent record located here: http://www.ripoffreport.com/r/Alliance-One/San-Diego-California-92123/Alliance-One-Alliance-One-Harrassing-calls-letters-and-then-I-caught-em-Stopped-Them-S-297594. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 17Consumer 1Employee/Owner
Updates & Rebuttals

#1 REBUTTAL Individual responds

Update on Alliance One

AUTHOR: John Doe - (U.S.A.)

I think Kae has requested an update regarding Alliance One, and Rockstar and others have thrown the old "Why dont you just pay what you owe" rock at the plate glass window.

First of all, the government created the Fair Debt Collection Practices Act because debt collectors(Obviously not all of them, but that 99% who wont live by the rules give that 1 percent a really bad name) will not play fair.

Fair means to remain within the confines of the law.

Law says you have so much time, in my state, it is 4 years to collect a debt.

In my case - Alliance One signed up with the State of Georgia to collect tax debts, also with a four year limit. In my case, I have had a running battle with the State of Georgia who claimed to have assessed a tax debt against me for 1992.



In 1992, I resigned my citizenship from the State of Georgia in accordance with The Offical Code of Georgia Annotated OCGA 1-2-4. I sent all of my documentation to the Governor by certified mail, returned by driver's license and left the state. I also left the county. Here is the law that allows me to do that.

TITLE 1. GENERAL PROVISIONS
CHAPTER 2. PERSONS AND THEIR RIGHTS

O.C.G.A. 1-2-3 (2007)

1-2-3. Duration of citizenship

Until citizenship is acquired elsewhere, a citizen of this state continues to be a citizen of this state and of the United States.

TITLE 1. GENERAL PROVISIONS
CHAPTER 2. PERSONS AND THEIR RIGHTS

O.C.G.A. 1-2-4 (2007)

1-2-4. Right of expatriation

Except in time of war, every citizen of this state shall have the right of expatriation with a view to becoming a citizen of another country with which this state is at peace. Declaration or avowal of the intention to become a citizen of another country, accompanied by actual removal, shall be held to be a renunciation of all one's rights and duties as a citizen.

Many years later, I return to the United States, to another state and become a citizen of Utah.

In 2006, I am contacted by Alliance One claiming that I owe a debt to the State of Georgia for a tax bill from 1992, the year that I expatriated. I contacted the State of Georgia department of revenue - I ask them for information regarding this debt and was told simply that they were not required to answer me.

Here is the kicker - first, in the State of Georgia, which all the actions would be required to take place, there is a statute of limitations on civil suits for debt, it is 4 years.

The Department of Revenue knows this - so they turn it over to the debt collectors, which is a violation of the State of Georgia Constitution as wells the U.S. constitution as well.

Now here comes Alliance One. I got the first letter in Dec of 06, and the collectors name is Art Gonzolez. I called him and profusely thanked him for contacting me over this matter. I think he was shocked that someone was thanking him rather than attacking him.

I told him the conversation was being recorded, just so there would be no misunderstandings.

My statement to Art was to the effect that since Alliance One had become involved, it was now legally up to them to provide the information that was required by federal law.

I told Art, that the State of Georgia, Department of Revenue had put both him and Alliance One in a very serious position - federal law requires the collection agency to obtain the information necessary to prove the debt even if the original creditor does not. I asked the state of Georgia (GDOR) for the proof and they refused, so now - Alliance One, the official representative of GDOR, had to provide it within the alloted time.

I explained to Art that GDOR was not responsible, but that ART was now on the hook, that Alliance One was on the hook.

Art understood what I was saying was exactly true, and that ART was now being recorded, he knew he cannot claim good faith excuse any more and that ART now put Alliance One on the hook.

I did not hear from Art again, so I sent Art a letter 4 or 5 weeks later, here it is, I have removed my personal info. It was never answered.

December 4, 2006

Art Gonzalez
Alliance One Receiveables Management Inc.
8589 Aero Drive
San Diego CA 92123

Dear Art,

It has been sometimes since our telephone contact. I have not heard from you. I called the office and got this address.

During my conversation with you, I asked you to ensure that you include the words In Care Of or the initials c/o prior to the street address, or the post office will not deliver this letter to this address as I have filed a change of address out of the United States.

If you have forgotten this matter, please correct it, if not, I am still waiting your correspondence.

You said this is a matter regarding the collection of an alleged tax debt to the State of Georgia. I have been trying to resolve this matter for a number of years and look forward to working with you.

I have some questions for you to get the ball rolling. I have a copy of the Fair Debt Collection Practices Act,

803. Definitions [15 USC 1692a]
As used in this title --
(2) The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium. Email, telephone, mail
(3) The term "consumer" means any natural person obligated or allegedly obligated to pay any debt.
(4) The term "creditor" means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.
(5) The term "debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.


Q1 - Regarding to item (5), where it says any obligation . . . to pay money arising out of a transaction in which the money, property, insurance or other services, . . for personal, family, or household purposes . ., please advise me which of these items relates to dealings with the State of Georgia for the purpose of taxes comes into play.

Q2 I have dealt with an agency in the past that alleged to represent a business, however, the agency took the money and failed to turn it over to the creditor. How do I know that you actually represent the State of Georgia?



808. Unfair practices [15 USC 1692f]
A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.
(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.
(3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.
(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.
(5) Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.
(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if --
(A) there is no present right to possession of the property claimed as collateral through an enforceable security interest;
(B) there is no present intention to take possession of the property; or
(C) the property is exempt by law from such dispossession or disablement.
(7) Communicating with a consumer regarding a debt by post card.
(8) Using any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.
809. Validation of debts [15 USC 1692g]
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) 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 any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

Q3. In regards to any alledged debt from the State of Georgia, I hereby notify you in writing right now, that the debt is disputed. Please obtain veritication of the debt, and not a mere statement on anyones part, that the debt was properly processed, and please provide a copy of the certificate of assessment, signed by a competent person in authority to sign under penalty of perjury that the debt is valid.

813. Civil liability [15 USC 1692k]
(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --
(1) any actual damage sustained by such person as a result of such failure;
(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or
(B) in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and
(3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs.
(b) In determining the amount of liability in any action under subsection (a), the court shall consider, among other relevant factors --
(1) in any individual action under subsection (a)(2)(A), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or
(2) in any class action under subsection (a)(2)(B), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector's noncompliance was intentional.
(c) A debt collector may not be held liable in any action brought under this title if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.
(d) An action to enforce any liability created by this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.
(e) No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Commission, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
814. Administrative enforcement [15 USC 1692l]
(a) Compliance with this title shall be enforced by the Commission, except to the extend that enforcement of the requirements imposed under this title is specifically committed to another agency under subsection (b). For purpose of the exercise by the Commission of its functions and powers under the Federal Trade Commission Act, a violation of this title shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions and powers of the Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person with this title, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act, including the power to enforce the provisions of this title in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule.
(b) Compliance with any requirements imposed under this title shall be enforced under --
(1) section 8 of the Federal Deposit Insurance Act, in the case of --
(A) national banks, by the Comptroller of the Currency;
(B) member banks of the Federal Reserve System (other than national banks), by the Federal Reserve Board; and
(C) banks the deposits or accounts of which are insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System), by the Board of Directors of the Federal Deposit Insurance Corporation;
(2) section 5(d) of the Home Owners Loan Act of 1933, section 407 of the National Housing Act, and sections 6(i) and 17 of the Federal Home Loan Bank Act, by the Federal Home Loan Bank Board (acting directing or through the Federal Savings and Loan Insurance Corporation), in the case of any institution subject to any of those provisions;
(3) the Federal Credit Union Act, by the Administrator of the National Credit Union Administration with respect to any Federal credit union;
(4) subtitle IV of Title 49, by the Interstate Commerce Commission with respect to any common carrier subject to such subtitle;
(5) the Federal Aviation Act of 1958, by the Secretary of Transportation with respect to any air carrier or any foreign air carrier subject to that Act; and
(6) the Packers and Stockyards Act, 1921 (except as provided in section 406 of that Act), by the Secretary of Agriculture with respect to any activities subject to that Act.
(c) For the purpose of the exercise by any agency referred to in subsection (b) of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this title shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (b), each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this title any other authority conferred on it by law, except as provided in subsection (d).
(d) Neither the Commission nor any other agency referred to in subsection (b) may promulgate trade regulation rules or other regulations with respect to the collection of debts by debt collectors as defined in this title.

I look forward to receiving the documentation, I have been unable to get them to provide it to me, I have even written the Governor of the State of Georgia and he cannot get them to obey the law. I look forward to your assistance in getting me this info so that I may determine for myself that I actually owe this amount.

Enclosed are some forms that will allow the State of Georgia to provide the information needed in order to make an assessment and to send me a bill. If there is no information presented, there is no liability. Please forward this to the State of Georgia and have them complete it and provide a copy of the certificate of assessment.

Thank you for your assistance in this matter.

Sincerely,

======

I never heard from Art again.

========

January 8, 2007, I sent Alliance One a promissory note offering to settle the debt IF THEY WOULD validate the debt, here is a copy.

PROMISSORY NOTE
January 4, 2007
Promise to Pay
To the order of
ALLIANCE ONE, INC.
On Demand the Sum of:



Three thousand dollars and no cents

Whereas this Promissory Note is a UCC Negotiable Instrument (UCC 3-104(2)(d) Notes).

Whereas this Promissory Note is hereby being tendered Without Prejudice by ___________, constituting a full discharge of an alleged debt owed to Georgia Department of Revenue / Alliance One, Inc., in the amount of $3,000.00.

Whereas this Promissory Note shall be redeemable at the location of c/o __________ Georgia, by appointment only. Any and all appointments are only to be made by a written request, and approved in writing by ME.

Whereas this Promissory Note shall become Void for any methods of redemption if not redeemed within three (3) months of January 4, 2007, with the alleged debt fully discharged.

Whereas the delivery of this Promissory Note hereby makes ALLIANCE ONE, INC. the Holder In Due Course under UCC 3-602 No discharge of any party provided by this article is effective against a subsequent holder in due course unless he as notice thereof when he takes the instrument.

Whereas if this Promissory Note is Dishonored in any form, then the alleged debt shall become discharged under UCC 3-604 Any party making tender of full payment to a holder when or after it is due is discharged to the extent of all subsequent liability for interest, costs and attorney's fees. (2) The holder's refusal of such tender wholly discharges any party who has the right of recourse against the party making the tender. (3) Where the maker or acceptor of an instrument payable or otherwise than on demand is able and ready to pay at every place of payment specified in the instrument when it is due, it is equivalent to tender

Whereas this Promissory Note herein discharges this alleged debt by the right to Cancel under UCC 3-605 The holder of an instrument may even without consideration discharge any party: (a) In any manner apparent on the face of the instrument or endorsement, as by intentionally canceling the instrument or the party's signature by destruction or mutilation, or by striking out the party's signature; or (b) By renouncing his rights by a writing signed and delivered or by surrender of the instrument to the party to be discharged. (2) Neither cancellation nor renunciation without surrender of the instrument affects the title thereto.

Whereas this Promissory Note herein discharges this alleged debt by the right to Cancel under UCC 3-802 (1) Unless otherwise agreed, where an instrument is take for an underlying obligation: (a) The obligation is pro tanto (FOR SO MUCH) discharged if a bank is drawer, maker, or acceptor to the instrument and there is no recourse on the instrument against the underlying obligor; and (b) In any other case the obligation is suspended pro tanto until the instrument is due or if it is payable on demand until its presentment. If the instrument is dishonored, action may be maintained on either the instrument or the obligation; discharge of the underlying obligor on the instrument also discharges him on the obligation.(2) The taking in good faith of a check which is not post dated does not of itself so extend the time on the original obligation as to discharge a surety.

__________________________________________

==========

I heard nothing from them to this point and they were barred for ever in contacting me again about the debt, but I kept trying.

=============

I was going through my documents and noted that I had not heard from Alliance so I called them and Art was no longer there, the person over my case was Jesus Ramos, who said something interesting. He asked for my case number and I assume he was setting at a computer. He said my case was closed. I asked him why and he said he could not answer that, that I should contact the office in Washington State, so I did, that man also said my case had been closed out as well.

so I wrote them another letter -

September 22, 2007

Chief Executive Officer
Alliance One Receivables Management Inc.
8589 Aero Drive
San Diego CA 92123

Dear Sir or Madam,

I was going through my records and happened to see that it has been sometimes since we last corresponded regarding the alleged liability claimed by the State of Georgia.

My last correspondence with your company was dated Feb, 6, 2007. See the enclosed copy.

Under the provisions of the Fair Debt Collection Practices Act, you have failed to provide me with any documentation regarding your actions to validate the alleged debt you are attempting to collect from me.

Can you please tell me if you have in fact attempted to validate the alleged debt with the State of Georgia and if so, what the outcome was?

Once again, I am including a document to assist in determining the validity of the State of Georgia's claim.

Please notify me when these documents are delivered to the State of Georgia and when they are completed and returned.

Your assistance is this matter is required by federal law. Failure to comply could result in a federal law suit and since you used the United States mail to collect a false debt, how about mail fraud?

Since you are the debt collector, you are stuck with the law. Please comply, just like you expected me to comply.

Sincerely,



===================

Now, just to a final nail in the coffin, I sent this letter this past January

Sent Certified Mail #7005 3110 xxxx xxxx xxxxx January 4, 2008
with proof of service to:
ART GONZALEZ,
JESUS RAMOS
individually and
COLLECTION MANAGER, and
Alliance One Receivables Management Inc.
8589 Aero Drive
San Diego GA 92123

RE: Alleged Account #11591656

Dear Sirs:
I first received a letter from you regarding an alleged debt to the State of Georgia Department of Revenue dated December 4, 2006. Since that time, I responded to you disputing the validity of the debt. I wrote you again in February 2007 and again in September 2007 regarding this matter.

I believe that I called the San Diego office and the Gig Harbor office on or around December 4, 2007. I was told I would receive a letter that the account was closed. To date, I have received no such letter.

Since I must presume the account is still active, I will continue the process again.
This is Notice that I am disputing any alleged debt until you provide verification of the debt pursuant, but not limited, to my rights wider the Fair Debt Collection Practices Act (FDCPA), and the Uniform Commercial Code (UCC), State Commercial Code, Contract Law and the Fair Credit Billing Act (FCBA).

It appears to me from your correspondence that you are a debt collector, that I am a consumer, and that this is an alleged debt/debt subject to the provisions of the FDCPA in regards to this collection proceeding for an alleged debt owed by me. See: Britton v. Weiss, U.S Dist Ct., Northern Dist New York, 1988, and Laws v. Chesklock, US. Dist. Ct., Northern Dist. Illinois, East. Div., 1999.

Pursuant to the FDCPA, you must CEASE and DESIST any and all collection activity, in any and every form, regarding the alledged debt until you provide such verification herein requested. In Jang v. A. M. Miller & Assocs., U.S. App. (7th Cir.), 122 F.3d 480; 1977, the Court stated that 15 U.S.C. Section l692g(b) gives debt collectors two options when they receive requests for validation: provide the requested validations and continue their debt collecting activities, or they may cease all collection activities. See Smith v. Transworld Systems Inc., 963 F.2d 1025, 1031(6th Cir. 1992).

Your failure to provide anything less than the verification requested herein, your attempt to collect on the alleged debt may be deemed a violation of, but not limited to, the FDCPA for providing false, misleading and/or deceptive information, and misrepresenting the character, amount and/or legal status of the alleged debt for the purpose of harassment and coercion as well as failure to provide verification of the alleged debt. If you are an attorney, it may be deemed as a violation of your Code of Professional Responsibility and Civil Rule-11.
Any claims of money alleged to be owed based on an instrument/note/contract, as an operation of law, are subject to UCC 3-305, which in part states:
The right to enforce the obligation of a party to pay an instrument is subject to the following:

(1) a defense of the obligor bused on
(i) Infancy of the obligor to the extent It Is a defense to a simple contract,
(ii) duress, lack of legal capacity, or illegally of the transaction which, under other law, nullifies the obligation of the obligor,
(iii) fraud that induced the obligor to sign it). instrument with neither knowledge nor reasonable opportunity to learn of its character or its essential terms, or
(iv) discharge of the obligor in insolvency proceedings;

NOTICE OF POTENTIAL CIVIL RIGHTS VIOLATION
If you and/or your agents, assigns or successors attempt, or continue to attempt, to collect on the alleged debt in any manner, method or form including court action, negative credit reporting (conspiring with the credit reporting bureaus), letters/statements in the mail (conspiring with the United States Post Office/Service), after failing/refusing to provide verification and adequate assurance (proof of claim) of the alleged debt you claim I owe as required by, but not limited to, UCC, Contract Law, FCBA, FDCPA, it may be deemed a violation of my Civil Rights pursuant, but not limited, to 42 U.S.C. 1985, 1986, and subject you to a lawsuit for damages sustained as well as potential criminal prosecution. Those Civil Rights laws do NOT require State action/involvement for one to be found guilty of violating them. This was recognized by the US. Supreme Court in Griffin v. Breckenridge. 403 U.S. 88 ,91 S.Ct.1790, 29 L.Ed.2d 338 (1971) where they stated, [T]he failure to mention any such (state action] requisite can be viewed as an important indication of congressional intent to speak in section 1985(3) of all deprivations of equal protection of the laws' and equal privileges and immunities under the laws.' whatever their source. Also, see Chapman v. The Higbee Co., 6th Cir. Apps. (2003). Any collection action involving a court of law, judge, clerk of courts, attorney will subject you to a violation of my Constitutional and Civil Rights pursuant to 42 U.S.C. 1983. Such action in connection with the state will deem you to be a state actor. See Supreme Court decisions: See Adickes v. S. H. Kress & Co., 398 U.S. 144 (1970) and Lugar v. Edmonsen Oil Co. Inc., et al., 457 U.S. 922; 102 S. Ct. 2744: 73 L. Ed. 2d 482 (1982).

1. THIS IS NOT A REFUSAL TO PAY, but a request for proof of claim: verification of money alleged to be owed pursuant, but not limited, to 15 U.S.C. 1866(b) of the Fair Credit Billing Act, 15 U.S.C. 1692g - Fair Debt Collection Practices Act;

2. I dispute the entire amount allegedly owed by me to The Georgia Department of Revenue and/or it's agents, successors and/or assigns;

3. The amount allegedly owed by me to GDOR appears to be a billing and/or an accounting error;

4. I do not agree to any changes, notices, alterations, amendments or the like previously, allegedly, mailed by Georgia Department of Revenue and/or GDOR's agents to me in regard to this account and I opt out of any such notice, allegedly, mailed, if applicable;

5. I revoke any changes, notices, alterations, amendments or the like
previously, allegedly, mailed by Georgia Department of Revenue and/or GDOR's agents to me, if applicable;

6. I demand to have mailed to me a Certified and Verified Copy of an executed contract between the Georgia Department of Revenue and myself from the existing original containing a blue/black ink signature;

7. I demand a Certified and Verified written accounting of the total amount of money, if any, I have PAID IN, to the said account number (this is Not a request for duplicate statements, or alleged balance owed or a computer generated or the like payment history), if applicable;

8. Pursuant, but not limited to. the Uniform Commercial Code 3-302, 3-305, Fair Credit Billing Act -15 U.S.C. 1666(3)(b)(ii), Fair Debt Collection Practices Act - 15 U.S.C. 1692g, and/or Contract law, I am demanding the Georgia Department of Revenue provided verification and/or adequate assurance of the alleged debt owed by me by verify and/or assuring that:

a. It is in possession of the promissory note(s)/instrument(s) issued;

b. Valuable consideration was given for the note(s)/Instrument(s);

c. The promissory note(s)/instrument(s) was/were received in good faith;

d. All applicable United States Banking laws and/or Federal Reserve Policies and Procedures (USBL and/or FRPP) were complied with;

e. All material facts pertinent to the Loan Process as required by USBL and/or FRPP were disclosed to me allowing me to issue and execute promissory note(s)/instrument(s) to Georgia Department of Revenue of my own free will absent of inducement and/or coercion and/or fraud by the Georgia Department of Revenue;

f. The Georgia Department of Revenue has NOT altered in any form or fashion the promissory note(s)/instrument(s) issued;

g. The promissory note(s)/instrument(s) issued was/were NOT used other than as intended, which was to only be a promise to pay money loaned;

h. The Georgia Department of Revenue did NOT use the promissory note(s)/instrument(s) issued, without disclosing, as bank notes having value (bankable paper). See 31 U.S.C. 5103 and House Joint Resolution (HJR)-192;

i. The Georgia Department of Revenue did NOT accept money, money-equivalent, capital, funds or anything of value from issuer of promissory notes in the approximate amount of the loan on the promissory note(s)/instrument(s);

j. The Georgia Department of Revenue did NOT EXCHANGE (as opposed to loan) promissory note(s)/instrument(s) issued for credit(s)/deposit(s) to a transaction account, check or similar entity the Georgia Department of Revenue established on issuers behalf and then withdrew, or something similar, from the credit(s)/deposit(s) and gave issuer a loan;

k. The Georgia Department of Revenue's accounting/bookkeeping entries under GAAP (Generally Accepted Accounting Principles) and GAAS (Generally Accepted Auditing Standards) do NOT show an outstanding liability(s) owed to issuer of promissory note(s)/instrument(s) by the Georgia Department of Revenue for the face amount of the promissory note(s)/instrument(s) I issued to Georgia Department of Revenue;

l. The Georgia Department of Revenue' did NOT give a loan as valuable consideration of the promissory note(s)/instrument(s) issued, that was/were and/or is no more than, an electronic and/or accounting/bookkeeping CREATED CREDIT similar, or the same as. a credit memo in banking;

m. If Georgia Department of Revenue used CREATED CREDIT in association with the loan alleged to be owed by me, that such CREATED CREDIT is legal tender in accords with 31 U.S.C. 5103 and HJR-192;

n. I cannot legally repay any money, verified and/or assured by Georgia Department of Revenue to be owed by me, in the same species of money or money-equivalent used to fund the loan, and/or any of the species of money recognized and authorized by the Federal Reserve and pursuant to 31 U.S.C. 5103 and HJR-192;

9 I hereby tender offer to pay the full amount alleged to be owed, pursuant to UCC 3-603, upon verification and/or adequate assurance of the alleged debt (subject to cross-examination and the penalty of perjury), owed by me, to the best of my abilities, whereas such would substantiate that the Georgia Department of Revenue has not perpetrated a fraud upon me and is holder in due course of its claims. Payment shall be deemed refused, and/or no obligation exist, if Georgia Department of Revenue does not provide verification and/or adequate assurance of the alleged debt as herein requested, and any debt allegedly owed by me is extinguished as on operation of law. [A]n obligation. once extinct, it never revives again. Ogden v. Saunder, 25 U.S. 213 (1827).
PLEASE NOTE:

Certified Copy: means- A copy of a document or record, signed and certified as a true copy by the officer to whose custody the original is entrusted

Verified Copy: means- Copy of document which is shown by independent evidence to be true. A copy, if successive witness trace the original into the hands of a witness who made or compared the copy. See: Nu Car Carriers v. Treynor, 75 U.S.App.D.C. 174, 125 F.2d 47, 48.

Verification; means- Confirmation of correctness, truth, or authenticity, by affidavit, oath, deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party. [See case law] Sheeley v. City of Santa Clara, 215 Cal.App.2d 83, 30 Cal.Rptr. 121,123. Sworn or equivalent confirmation of truthIn accounting, the process of substantiating entries in books of account.

Assure: means- To make certain and put beyond doubt. To declare, aver, avouch, assert, or ensure positively. To declare solemnly; to assure to any one with design of inspiring belief or confidence.

Assurance: means- The act or action of assuring... A declaration tending to inspire full confidence.

The above definitions are from Black's Law dictionary, 6th Ed. In the absence of a statutory definition, courts give terms their ordinary meeting. Bass. Terri L. v. Stolper, Koritzinsky, 111 F.3d 1325, 7th Cir. Apps. (1996). Plain meaning can be determined by using a dictionary. As the U.S. Supreme Court noted, We have stated time and again that courts must presume that a legislature says in a statute what it means and means in a statute what it says there. See, e.g., United States v. Ron Pair Enterprises. Inc., 489 U.S. 235, 241-242 (1989); United States v. Goldenberg, 168 U.S. 95,102-103 (1897); Oneale v. Thornton. 6 Cranch 53, 68. When the words of a statute are unambiguous, then this first canon is also the last: judicial inquiry is complete. Rubin v. United States, 449 U.S. 424, 430 (1981) and Ron Pair Enterprises, supra, at 24. Conn. Nat'l Bank v. Germain, 503 U.S. 249 (1992). [T]he legislative purpose is expressed by the ordinary meaning of the words used. Richards v. United States, 369 U.S. 1 (1962).

Georgia Department of Revenue is being requested to give proof of claim/verification of the purported debt and status as holder in due course. Such is apparently required as a matter of due process of law. This is apparent in the U.S. Supreme Court statement:

For in this proceeding petitioner is not seeking, nor is respondent denying him, anything other than the right to prove his claim... The question is simply one of the admissibility and effect of evidence; and... the obligation to receive in evidence a promissory note or other admissible evidence of debt. Morris v. Jones, 329 U.S. 545 (1947) (emphasis added).

Additionally, please refrain from sending me a print-out or copies of statements as purported verification. Any such act will be subject to legal action for violations of, not limited to, the FDCPA. See Young v. Hewer & Njus, PA, Dist. Ct. N. Ill (1997). (Finding that computer printouts are not verification of a debt).

FAILURE by debt collector to respond, in order to maintain the honor bestowed by said presentment, mandates that lawful protest declare your dishonor. Your response must be in affidavit form under your full commercial liability, rebutting each of my points, on a point-by-point basis, that the facts contained therein are true, correct. complete and not misleading. Declarations are insufficient, as declarations permit lying by omission, which no honorable presentment may contain.
FAILURE to verify and/or adequately assure the alleged debt owed by me within ten (10) days, as stated above, in accordance with said definitions, will be deemed a dishonor of this presentment/notice and demand, and that the debt collector and/or their client, has fraudulently attempted to assert a claim against me, and extort, induce money from me in the present and past, in which the debt collector and/or their client has and has had no legal right to, via the U.S. Mail.
ADDITIONALLY, any form of collection activity and/or reporting of negative/ derogatory information about said account to credit reporting agencies by debt collector and/or their client, and/or their agent/assigns absent of the debt collector and/or their client providing verification and/or adequate assurance of the alleged debt owed by me will be deemed as intentionally and willfully defamation and libel of my good name and character and harassment for the purpose of inducement or coercion of money from me to which the Georgia Department of Revenue has no legal right.
Sincerely, with all rights reserved,

__________________________

enclosure: Opinion letter from the FTC attached and incorporated by reference to this link to the letter; . Source: http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm

Promissory Note: In the amount of $3,000.00



=================

NOW for Rockstar who wants us to belly up to the bar and cash out -

I did have another instance ten years before, I contacted with U.S. Healthcare, an insurer for health care.

I was with the company 3 or 4 years when they closed their Georgia operation and took off without paying a hospital bill.

When you sign into the hospital, they hand you a stack of papers and say sign here or initial there. In those documents - you state that if your insurer ducks out, you will settle up. NEVER SIGN THOSE THINGS!

It was MY INSURANCE company that negotiated to work with them, not me.

I wrote in the signature block - See Insurance Company!

Never in my wildest dreams did I think my insurer would duck out, but thankfully, I was smart enough to protect myself.

If Rockstar had his way, of any other collector, they would be hounding me to hell for a contract that I did not sign, with a company that I would not ordinarily do business with, for a bill I never contracted for.

How do I know all this neat stuff?

I was in the collection and repo business for many years.

For the most part, there are a number of people who you do not want to do business with. That is what collection agencies are there for. There are those who fall prey to schemes and get into trouble and there are those who get into trouble due to NO fault of their own.

Do you best to stay out of debt!
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#2 Consumer Comment

You're missing the point

AUTHOR: Severelyannoyed - (U.S.A.)

It seems to me that the employees responding here are missing the point. the problem and the reason people are trying to get back at this company is because the people talking to you on the phone are rude and disrespectfull. this company has been calling me recently to try to get ahold of my roomate. i have been called "retaded" an "idiot" "stupid" by a person on the phone from this company. is this any way for a company spokesman to act? Why in the hell would i give you any respect or any of my time if everytime you call i get harassed, i get called names and talked down to? you may have better results and less people refusing to pay if you were slightly respectfull and somewhat understanding. thats what the people here (on this post and MANY others) are complaining about. they call me again and are rude, they are going to get nowhere, and i'm going to contact the better business bearau ( however you spell it ). This will not continue. i understand my roomate owes money, yes he did something irrseponcibile, but he does not deserve to be treated like this, nor does anyone else. be professional, is that so much to ask?
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#3 UPDATE Employee

Rockstar is right.

AUTHOR: Monopolyman - (U.S.A.)

Is there really a reason to be so rude? Rockstar and I are here, being polite, and trying to give a little insight to the people who are here who are really confused about what is going on. We are here to show people the other side of the fence. The true side. Most of what all you people say is just nasty and rude because you don't like collectors.
In reality, you know nothing about us, you know nothing about the lives that we live, yet you continue to insult us and call us "scum" and other names like that. Frankly it is rude and unfortunate. It's unfortunate that a supposed adult person who is obviously in a tough position in life, feels the need to take out his agression on people who are trying to collect what is owed.

As for you claiming to have "caught me in a lie" perhaps i should be more clear, as I assumed that the general public would be inteligent enough to know that there are multiple ways to verify the validity of who we are as an agency as well as the debt.

Further validation of the debt does need to be requested, in writing within 30 days of the notice of debt.

Of course, I am sure you still think we are lying, and this is all a big scam, however if you would bother to do some real research on our company, you would know that Alliance One is a real company who collects real debt and we are not fraudulent.

As for saying I buy garbage? I don't buy any of these accounts. As for Unfortunate, I would say what is unfortunate is the fac that you are so ignorant when it comes to debt collection. We are well aware that it is up to us to prove that you owe the debt, and we do, when you ask for proof. Most people believe it or not, know when they use credit cards, and most people know that they rack up debt, and believe it or not, most people know they need to pay it back, and are expecting to get phone calls about it.

Perhaps my explination is lost on someone so ignorant and childish.
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#4 UPDATE Employee

Rockstar is right.

AUTHOR: Monopolyman - (U.S.A.)

Is there really a reason to be so rude? Rockstar and I are here, being polite, and trying to give a little insight to the people who are here who are really confused about what is going on. We are here to show people the other side of the fence. The true side. Most of what all you people say is just nasty and rude because you don't like collectors.
In reality, you know nothing about us, you know nothing about the lives that we live, yet you continue to insult us and call us "scum" and other names like that. Frankly it is rude and unfortunate. It's unfortunate that a supposed adult person who is obviously in a tough position in life, feels the need to take out his agression on people who are trying to collect what is owed.

As for you claiming to have "caught me in a lie" perhaps i should be more clear, as I assumed that the general public would be inteligent enough to know that there are multiple ways to verify the validity of who we are as an agency as well as the debt.

Further validation of the debt does need to be requested, in writing within 30 days of the notice of debt.

Of course, I am sure you still think we are lying, and this is all a big scam, however if you would bother to do some real research on our company, you would know that Alliance One is a real company who collects real debt and we are not fraudulent.

As for saying I buy garbage? I don't buy any of these accounts. As for Unfortunate, I would say what is unfortunate is the fac that you are so ignorant when it comes to debt collection. We are well aware that it is up to us to prove that you owe the debt, and we do, when you ask for proof. Most people believe it or not, know when they use credit cards, and most people know that they rack up debt, and believe it or not, most people know they need to pay it back, and are expecting to get phone calls about it.

Perhaps my explination is lost on someone so ignorant and childish.
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#5 UPDATE Employee

Rockstar is right.

AUTHOR: Monopolyman - (U.S.A.)

Is there really a reason to be so rude? Rockstar and I are here, being polite, and trying to give a little insight to the people who are here who are really confused about what is going on. We are here to show people the other side of the fence. The true side. Most of what all you people say is just nasty and rude because you don't like collectors.
In reality, you know nothing about us, you know nothing about the lives that we live, yet you continue to insult us and call us "scum" and other names like that. Frankly it is rude and unfortunate. It's unfortunate that a supposed adult person who is obviously in a tough position in life, feels the need to take out his agression on people who are trying to collect what is owed.

As for you claiming to have "caught me in a lie" perhaps i should be more clear, as I assumed that the general public would be inteligent enough to know that there are multiple ways to verify the validity of who we are as an agency as well as the debt.

Further validation of the debt does need to be requested, in writing within 30 days of the notice of debt.

Of course, I am sure you still think we are lying, and this is all a big scam, however if you would bother to do some real research on our company, you would know that Alliance One is a real company who collects real debt and we are not fraudulent.

As for saying I buy garbage? I don't buy any of these accounts. As for Unfortunate, I would say what is unfortunate is the fac that you are so ignorant when it comes to debt collection. We are well aware that it is up to us to prove that you owe the debt, and we do, when you ask for proof. Most people believe it or not, know when they use credit cards, and most people know that they rack up debt, and believe it or not, most people know they need to pay it back, and are expecting to get phone calls about it.

Perhaps my explination is lost on someone so ignorant and childish.
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#6 UPDATE Employee

Rockstar is right.

AUTHOR: Monopolyman - (U.S.A.)

Is there really a reason to be so rude? Rockstar and I are here, being polite, and trying to give a little insight to the people who are here who are really confused about what is going on. We are here to show people the other side of the fence. The true side. Most of what all you people say is just nasty and rude because you don't like collectors.
In reality, you know nothing about us, you know nothing about the lives that we live, yet you continue to insult us and call us "scum" and other names like that. Frankly it is rude and unfortunate. It's unfortunate that a supposed adult person who is obviously in a tough position in life, feels the need to take out his agression on people who are trying to collect what is owed.

As for you claiming to have "caught me in a lie" perhaps i should be more clear, as I assumed that the general public would be inteligent enough to know that there are multiple ways to verify the validity of who we are as an agency as well as the debt.

Further validation of the debt does need to be requested, in writing within 30 days of the notice of debt.

Of course, I am sure you still think we are lying, and this is all a big scam, however if you would bother to do some real research on our company, you would know that Alliance One is a real company who collects real debt and we are not fraudulent.

As for saying I buy garbage? I don't buy any of these accounts. As for Unfortunate, I would say what is unfortunate is the fac that you are so ignorant when it comes to debt collection. We are well aware that it is up to us to prove that you owe the debt, and we do, when you ask for proof. Most people believe it or not, know when they use credit cards, and most people know that they rack up debt, and believe it or not, most people know they need to pay it back, and are expecting to get phone calls about it.

Perhaps my explination is lost on someone so ignorant and childish.
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#7 Consumer Comment

See, you contradicted yourself

AUTHOR: John - (U.S.A.)

and THIS is why you guys are looked at as scum.

"In Reply to Johns question to Rockstar
We actually DO validate the debt. Once our collection agency retains your debt for collection, a letter gets sent out within a day or two, under the assumption that we have the correct address.

Basically the letter states what the debt is for, how much is owed, and the fact that we are now collecting on it. It also says that if you dispute the debt you can request validity within 30 days of recieving the notice, as per the laws of the FDCPA."


>>Well, no you don't as you are first lying in stating that you do, then turn around and state that someone must ask for validation. It can't be both. The validation should be sent out immediately if you are as sure as you clowns are on the phone to threaten anyone that answers. But you're not of course and are frauds.

"Unfortunately, being a third party collector, we get limited information on the debt itself. As far as not wanting to verify your social security number, we ask that to make sure we have the right person, and we are supposed to only ask for the last 4 digits. We have it all anyway, we just verify it so that we arent telling another person with the same name as you about your debt.

Hope that cleared some things up for you.
Have a super day."

>>Nothing 'unfortunate' about it. Youare buying garbage and THAT is the reason you have no info. You can try to spin your tactics all you want but it is up to you and your company to prove anyone actually owes any debt....not the other way around as you clowns like to attempt. Your harrassment of the wrong people repeatedly is proof of it.
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#8 UPDATE Employee

In Reply to Johns question to Rockstar

AUTHOR: Monopolyman - (U.S.A.)

We actually DO validate the debt. Once our collection agency retains your debt for collection, a letter gets sent out within a day or two, under the assumption that we have the correct address.

Basically the letter states what the debt is for, how much is owed, and the fact that we are now collecting on it. It also says that if you dispute the debt you can request validity within 30 days of recieving the notice, as per the laws of the FDCPA.

Unfortunately, being a third party collector, we get limited information on the debt itself. As far as not wanting to verify your social security number, we ask that to make sure we have the right person, and we are supposed to only ask for the last 4 digits. We have it all anyway, we just verify it so that we arent telling another person with the same name as you about your debt.

Hope that cleared some things up for you.
Have a super day.
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#9 UPDATE Employee

just trying to help

AUTHOR: Rockstar - (U.S.A.)

I'm just trying to help- is there a reason to be rude? I'm sorry if its hard for you be quiet but you have no idea. Do you work here? NO. good day
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#10 Consumer Comment

Yeah rockstar, why are you stalling?

AUTHOR: John - (U.S.A.)

Why not just validate the debt from the get go and maybe people that do owe debt will pay it.....if it's legitimate that is.
Because you CAN'T.
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#11 UPDATE Employee

Why Stall?

AUTHOR: Rockstar - (U.S.A.)

I don't understand why you don't just pay the money you borrowed, and then didnt pay back. How hard is it to just talk to someone- If you talk on the phone we can save you money. Communication by mail is dangerous and keeps you in collections even longer. I don't know why anyone would waste their time, anyone can open your mail when you mail in a 6k payment
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#12 UPDATE Employee

Why Stall?

AUTHOR: Rockstar - (U.S.A.)

I don't understand why you don't just pay the money you borrowed, and then didnt pay back. How hard is it to just talk to someone- If you talk on the phone we can save you money. Communication by mail is dangerous and keeps you in collections even longer. I don't know why anyone would waste their time, anyone can open your mail when you mail in a 6k payment
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#13 UPDATE Employee

Why Stall?

AUTHOR: Rockstar - (U.S.A.)

I don't understand why you don't just pay the money you borrowed, and then didnt pay back. How hard is it to just talk to someone- If you talk on the phone we can save you money. Communication by mail is dangerous and keeps you in collections even longer. I don't know why anyone would waste their time, anyone can open your mail when you mail in a 6k payment
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#14 UPDATE Employee

Why Stall?

AUTHOR: Rockstar - (U.S.A.)

I don't understand why you don't just pay the money you borrowed, and then didnt pay back. How hard is it to just talk to someone- If you talk on the phone we can save you money. Communication by mail is dangerous and keeps you in collections even longer. I don't know why anyone would waste their time, anyone can open your mail when you mail in a 6k payment
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#15 Author of original report

Alliance One - Response

AUTHOR: John Doe - (U.S.A.)

When you are contacted by Alliance one, write them back a NICE letter.

Tell them that you are in receipt of their letter stating that you owe someone money.

Politely tell them that you are not rejecting their claim, however, in accordance with the federal debt collection practices act, please verify the debt and get back to you by writing, dont call any more, just send me the proof, something with my signature.

If they call you again, file a complaint with the FTC, if they send you a letter without proper proof, file a complaint with the FTC, if they still harrass you - find me!
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#16 Consumer Comment

Im curious

AUTHOR: Kae - (U.S.A.)

Ok im curious.....Tell us.
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#17 Consumer Comment

Im curious

AUTHOR: Kae - (U.S.A.)

Ok im curious.....Tell us.
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#18 Consumer Comment

Im curious

AUTHOR: Kae - (U.S.A.)

Ok im curious.....Tell us.
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