PO Box xxxx
xxxxxxxx, CA xxxxx-xxxx
Certified Mail Return Receipt Requested:
7002 2410 0003 7386 3268
April 1, 2004
Capital Acquisitions & Management Company (CAMCO)
P.O. Box 5087
Rockford, IL 61125
877-289-0845 x 1382
Re: Letter dated December 22, 2003, reference # xxxxxxxx-xxx
Dear Mr. Joseph:
This is my fourth attempt to resolve this issue.
I received your letter on or about December 29, 2003.
Immediately after receiving your letter, stating that CAMCO purchased my alleged debt of $2,536.78 with Bank of America, I went to my local branch of Bank of America and I spoke with xxxxxx xxxxxx, my banker. I showed her your letter and explained to her that I never had a loan, bounced a check, or even been late on a credit card payment with Bank of America, and that I have been a customer of Bank of America for years. I asked her why; if I owed Bank of America money, did they not notify me. After about 45 minutes of research, she determined that Bank of America had no record of any debt owed by me. I had her call you at CAMCO, and she explained to you that Bank of America had no record of this alleged debt, and asked you for details of the alleged debt. Your statement to her was that you did not know the details, and would have to research it. She then handed me the phone, I spoke to you, and you assured me that you would research the matter and notify me in writing, and send me proof and the details of the alleged debt. At this time, you also stated that this alleged loan went into default in 1990.
On January 13, 2004, I sent you a letter.
It recapped our earlier conversation, and notified you that I had not received the proof and the details of the alleged debt that you promised to provide. Furthermore, I stated that since you are unwilling or unable to give me proof of the alleged debt in writing, Bank of America had no record of it, and I have no knowledge of it, you must be in error, and the alleged debt must be non-existent and invalid.
On January 22, 2004, you sent me a letter.
You did not do as you had promised and were requested in writing to do, which was to send me in writing proof and the details of the alleged debt. Instead, you sent me a settlement offer, stating that you are willing to accept $796.94 as payment in full for a debt of $2,545.44. Furthermore, you threatened to proceed with an appropriate collection program. Knowing that in doing this, you will damage my credit rating. This appears to be a thinly veiled attempt to extort money from me under possible fraudulent terms.
On March 25, 2004 at 12:51pm, I received a call from someone in your office.
Again, I explained that since you are unwilling or unable to notify me in writing and send me proof and the details of the alleged debt, Bank of America had no record of it, and I have no knowledge of it, you must be in error, and the alleged debt must be non-existent, invalid, and your claim is possibly fraudulent.
I am sending you this letter Certified Mail Return Receipt Requested, notifying you that this matter in now closed, as you are unwilling and/or unable to send me in writing proof and details of the alleged debt, Bank of America has no record of it, and I have no knowledge of it. Furthermore, you are well IN EXCESS OF CALIFORNIA STATE STATUTE OF LIMITATION of four years calculated from the date of alleged breach.
Pursuant to my rights under the Fair Debt Collection Practices Act ("FDCPA"), I, Frank xxxx, expressly direct you and your company TO NEVER AGAIN CONTACT ME BY TELEPHONE, neither at work nor at home. Furthermore, you and your company are expressly directed not to contact my neighbors, friends, acquaintances, employer, or any relative of mine regarding the above-referenced account or me.
ALL FURTHER BUSINESS WITH ME MUST BE DIRECTED THROUGH WRITTEN CORRESPONDENCE TO ME AT THE ABOVE-STATED ADDRESS.
If your company still believes that I am responsible for this alleged debt, and that the California State Statute of Limitation has not expired, please send me all applicable documents to prove your claim. Otherwise, I consider this matter closed, and that this erroneous account information will not be posted to my credit report.
If you do not comply with my request, I will file a complaint against you and your company with the Federal Trade Commission, and will prosecute to the fullest extent of the Fair Debt Collection Practices Act and State of California Criminal and Civil Law.
Attachment: March 24, 2004, Debt Buyer/Debt Collection Companies and Their Principals Settle FTC Charges FTC Alleges CAMCO, RM Financial, and their Principals Violated Fair Debt Collection Practices Act http://www.ftc.gov/opa/2004/03/camco.htm
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