Briggs And Baker Fraudulent misrepresentation consumer rip-off fraud Santa Clarita California

FILE NUMBER: CSB-5873309 with the California Department of Insurance
CLAIM NUMBER: AC 3697 with American Contractors Indemnity Company

October 29, 2002 I was awarded judgements of actual damages in the sum of $6,289.80 in my hearings against Briggs and Baker.
Case No: 02S01196 for $3,872.00, plus $120.00 court cost. Attachment 1) Page 1
Case No: 02S01196 for $2,222.80, plus $75.00 court cost. Attachment 1) Page 3
Case summaries Attachment 1) Page 4-8

The case with American Contractors Indemnity company was dismissed, not because of a default hearing but because the judgement had not yet been determined in the case with Briggs and Baker on October 28, 2002. American Contractors Indemnity would not consider my claim filed back on September 19, 2002. According to Frank Lenek, Briggs and Baker told him not pay out on any claims until they had their day in court. Briggs and Baker and several of their agents had their day in court against me in the hearings on October 28th, 2002. I was awarded the judgement totaling $6,289.80. I am sending you this information so you can investigate why Briggs and Bakers surety bond company American Contractors Indemnity will not pay out my damages. Attachment 2) Page 1-3


The following are their points of contention in regards to my claim with the bond #125258:

1. Briggs and Baker told American Contractors Indemnity not to pay out on any claims until they had their day in court.
2. Briggs and Baker told Frank Lenek that they were not acting as a Credit Service Organization with my particular program in which I was enrolled in.

The following summary of facts will prove why I won both of my cases. The statement Credit Service Organization is where all the mystery is at. Briggs and Baker set themselves up as a registered Credit Service Organization so they can use the title of a Credit Service Organization which has proven to be a brilliant scam. By using the title of a Credit Service Organization, Briggs & Baker is to able to create credentials for them self in order to gain trust with both potential enrollees, as well as the creditors they represent themselves to, on behalf of their new enrollees.

My question to you is, Why can Briggs and Baker present themselves as if they are functioning as a Credit Service Organization with a $100,000.00 bond to me as a potential enrollee, and then again to my creditors, but tell Frank Lenek that they were not acting as a Credit Service Organization with my particular program? This is known as a BAIT AND SWITCH.

The following are documents from the Briggs and Baker terms and conditions which I was told to read prior to my enrollment. These documents state their status as a Credit Service Organization. Attachment 3) pages 1-12

Examining the Civil Code 1789.10-1789.26 you will find many points where Briggs & Baker qualified themselves by definition of the Civil Code 1789.10-1789.26 as if they were functioning as a Credit Service Organization.

1789.12.
(a) Credit services organization means a person who, with respect to the extension of credit by others, sells, provides, or performs, OR REPRESENTS that he or she can or will sell, provide or perform, any of the following services, in return for the payment of money or other valuable consideration:

(1) Improving a buyers credit record, history, or rating.
Stated in Briggs and Bakers terms and conditions they profess that they will improve your credit score Attachment 6) page 1,2
(2) Obtaining a loan or other extension of credit for a buyer.
Stated in Briggs and Bakers terms and conditions they profess that they will facilitate a secured credit card and negociate monthly payment plan that works within my ability to pay. Attachment 6) page 3 step 2
(3) providing advice or assistance to a buyer with regard to either paragraph (1) or (2).
Stated in Briggs and Bakers terms and conditions they profess that they will preform a financial analysis. According to the Thesaurus analysis can also mean: diagnosis, examination, evaluation, study, research, review, investigation, breakdown, critique. Leading a person to believe that Briggs & Baker provides advice or assistance with how to improve credit rating and create a payment plan within my ability to pay. Attachment 6) page 3 step 1


This paragraph was stated in the letters Briggs & Baker sent to my creditors.

Briggs and Baker is a Credit Service Organization in the State of California (California Civil Code Section 1789.10, et seq.) California is one of the only 17 states that regulates Credit Counseling Services. The Credit Services Act was enacted by the California Legislator specifically to protect the public from unfair or deceptive advertising or business practices, [Civil Code 1789.11 (b)] to achieve this status as a designated Credit Services Organization, Briggs and Baker has posted a cash bond of one hundred thousand dollars (100,000.00) and has satisfied the strict regulatory compliance of the Department of Justice, Attorney Generals Office, for the State of California. Briggs and Baker is required to re-file yearly and comply daily with rigid standards set for Credit Services Organization. Copies of documentation compliance are enclosed.

These letters are format letter that Briggs & Baker sent out to specific creditors.
Attachment 4) pg 1,2

Briggs & Baker will not allow me copies of the proposal letters they sent to my creditors on my behalf. I did have possession of them for 45 minutes before our hearing on October 28, 2002, allowing me to copy the referred paragraph. The bailiff forced me to return my letters back to Theresa Rios before the hearing, but they are identical to the format letters in attachment 4, which I was able to obtain from other enrollees.

I would very much like copies of all proposal letters Briggs & Baker sent to my creditors, as well as the letters that Briggs & Baker sent to my creditors posing as if the letters were from me using my letterhead and my signature. They have tried to get away with charging $2,222.80 as my cost for sending those proposal letters that failed.
Attachment 5) pg 1
Theresa Rios stated in court on October 28, 2002, that the Briggs & Baker payoff proposals were accepted by my creditors, but I could not afford to pay the accepted payoff amounts. This is not true. Details of my program were never discussed with me after I gave Briggs & Baker my good faith settlement proposal of $2,222.80. She was not able to produce any acceptance letters from my creditors in regards to the payoff proposals when the Judge asked to see them.

Actual Fraud which is the intentional deceive of a material fact used to induce the other party to enter a contract to his detriment.
▸ Actual fraud includes the suppression of the truth, a promise made without any intention of performing it, and the intentional cheating of another person.
▸ A misrepresentation is a fraud if it is false, made with knowledge of its falsehood, and caused the innocent party to enter into the contract.
It is my contention that Briggs & Baker brilliantly constructed their Terms and Conditions using rhetorical rhetoric with the intent to manipulate me into trusting their validity as a Credit Service Organization when they never intended to function as a Credit Service Organization.

It is an injustice that Briggs & Baker kept my good faith settlement proposal money, failed to preform the promises they committed to preforming in regards to my program and refused to honor my money back guarantee after their failure. Briggs & Baker destroyed my credit leaving me with damages in excess of $6,289.80 up to this date of November 16, 2002, but they tell American Contractors Indemnity Company and the Department of Insurance that they were not preforming as a Credit Service Organization and therefore do not pay Deborah Devars damages out of the bond that we baited her into the contract with.

I request that the actual damages be paid to me directly out of the bond. Briggs & Baker Represent themselves as a Credit Service Organization so they should be held liable for violations of the Civil Code that governs the activities of a Credit Service Organization.

Sincerely,



Deborah
cc: American Contractors Indemnity Company
cc: Department of Justice




























This $2,222.80 is referred to as a good faith settlement proposal, and a down payment toward the payoffs of my credit card balances. Attachment 2) page 2 prgh 3

I felt confident giving Briggs and Baker my $2,222.80 to allow them to negociate settlements with my creditors, because it is a violation of the Civil Code 1789.13 (a) Charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to preform for or on behalf of the buyer. Attachment 2) page 2 prgh 3
I entered into the attached contract with Biggs & Baker to negociate pay offs of my credit card accounts at 15% to 20% of my existing balance.
Attachment 1) Page 1
With the economic slowdown, credit card companies are hurting, their stock prices are falling, and more of their customers are going into default. This is truly a unique opportunity to eliminate credit card debt, but you must act quickly - the Federal Reserve is lowering interest rates to relieve pressure on the banks.
Attachment 1) Page 2 prgh 3

Briggs & Baker stated that the with the terror and the economic slowdown, credit cards companies are offering their all-time best deals. Attachment 1) Page 3 prgh 4

From the creditors point of view, 15-20% represents more that they can sell the debt for and more that they can collect. It also eliminates all of their collection costs. What most people dont know is that all credit card issuers have already factored in their losses by adding 5% interest to each account. The extra interest you have already paid and current cardholders are now paying covers the creditors costs and as a result they are willing to reduce debt for financially distress customers.
Attachment 1) Pg 4 prgh 1,2

I personally worked with Darren Baker. The down payment contract instructed me to pay $2,222.80 December 14th, 2001. Attachment 2) Page 1

I was told by Darren Baker that the $2,222.80 was specifically to pay off my American Express Credit Card account #3715-430682-22009 along with other accounts at $0.07 to $0.15 on the dollar. 30 days later I would make a final payment of $1,600 on January 14th 2002. All my payoff transactions were to be finished no later than February. Attachment 3) page 1 section 3

Once approval is received by a creditor, a check with restrictive endorsement is sent to that creditor to complete the settlement agreement. Upon receipt of the check, the creditor will update the credit report to show that the account has been settled. Attachment 3) page 2 prgh 3,4

Briggs & Bakers attempt failed, they have kept the $2,222.80 saying that it is their fee for writing letters to my creditors and have canceled my file. Attachment 4) page 1

I continued attempts to settle Attachment 4) pg 2-7

My $2,222.80 was never applied to any of my credit card accounts. My credit is destroyed, my interest rates on several cards has been increased while my available credit limits have been lowered.

Before my court case on October 28th, 2002 I was able to see for the first time the proposal letters that Briggs and Baker sent out to my Creditors. Even though it states over and over in their terms and conditions, my many request to see the letters that they claimed earned them the $2,222.80 that they kept, I had never seen them until right before out case. I was not able to keep any copies of my letters that Briggs and Baker sent out to my creditors but I was able to copy the paragraph that states that they were indeed representing me Deborah Devar and that they were a Credit Service Organization. How is it possible that Briggs

Briggs & Baker are in breech of contract in accordance to their terms and conditions in their contract. All applicable fees paid to Briggs & Baker will be fully credited to the Fresh Start Payments Program. This would include the down payment especially. Attachment 5) page 1 prgh 2
(Briggs & Baker have never applied my $2,222.80 toward my credit card balances)
No Risk Money-back Guarantee: I understand that I am entitled to a full refund of any service fees paid to Briggs & Baker for an account in which Briggs & Baker is unable to renegotiate a substantial reduction in my existing contractual obligation. The existing contractual obligation being the total cost of satisfying this debt making minimum payments pursuant to the terms of the credit card account existing when I enrolled in the program. Attachment 5) page 1 prgh 7

The contract states that I can quit the program at any time and the unused portion of any fees paid will be returned to me. Attachment 5) page 2 prgh 3
(Briggs & Baker have not refunded my $2,222.80 even when no deals with my creditors were made)
I am entitled to a full refund if Briggs & Baker is unable to get a better deal than I already have.
Attachment 5) page 2 prgh 9

The one offer with Providian National Bank account#4361451800830465 actually increased my current interest rate from 15.24% to 19.9%. Attachment 6) page 1-4
There were no other offers. Interest rates were increased and lines of credit were decreased.
Attachment 6) page 5-10
(Briggs & Baker made my situation worse not better)

In reference to Civil Code 1789.12 As used in this title of 1789.10-1789.26

1789.12.
(a) Credit services organization means a person who, with respect to the extension of credit by others, sells, provides, or perform, any of the following services, in return for the payment of money or other valuable consideration.

(1) Improving a buyers credit record, history, or rating.
(2) Obtaining a loan or other extension of credit for a buyer.
(3) providing advice or assistance to a buyer with regard to either paragraph (1) or (2).
Attachment 7 page 1 prgh 3
(Briggs & Baker commit to preforming as a Credit Service Organization when they state that the Fresh Start Program will improve my credit) Attachment 5) page 1 prgh 1

In regards to the Civil Code 1789.12 Credit Services Act of 1984", in reference to the definition of Credit Services organization and in accordance to the Briggs & Baker terms and conditions known as Fresh Start, Briggs & Baker were acting as a Credit Service organization. My enrollment indicates that using a California law known as Accord and Satisfaction that allows Briggs & Baker to propose a uniform reduction of your debt with all of your creditors in exchange for immediate payment. Attachment 3) page 2 prgh 1

Briggs & Baker will facilitate on my paying overbearing credit card debt in an amount I can afford. Briggs & Baker will work with my creditors to establish a repayment program that is custom designed for me within my ability to pay. The goal of the Fresh Start program is to reach a reduction in principle or the elimination or reduction of interest payments and charges and a new payment schedule that is within your ability to pay. Attachment 8) page 1 prgh 2

The Terms and Conditions of their own contract indicates that they are functioning under the definition of a Credit Services organization and my actual damages should be covered by the required Surety Bond # 125258. Civil Code 1789.18 (a) The bond shall be in favor of the State of California for the benefit of any person who is damaged by any violation of this title. The bond shall also be in favor of any individual damaged by those practices. Attachment 7) page 5 prgh 6

Briggs & Baker are in violation of Civil Codes:
1789.13. A credit services organization, and its salesperson, agents, representatives, and independent contractors who sell or attempt to sell the services of a credit services organization, shall not do any of the following:
(a) Charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for or on behalf of the buyer. Attachment 7) page 2 (I paid a $2,222.80 check that Briggs & Baker turned into their fee). Attachment 2) Page 1
(b) Failure to perform the agreed services within six months following the date the buyer signs the contract for those services. Attachment 7) page 2 (Briggs & Baker canceled my file on May 9,2002) Attachment 4) page 1 (c) Charge or receive any money or other valuable consideration for referral of the buyer to a retail seller or other credit grantor who will or may extend credit to the buyer, if the credit which is or will be extended to the buyer (1) is upon substantially the same terms as those available to the general public or (2) is upon substantially the same terms that would have been extended to the buyer without the assistance of the credit services organization. Attachment 7) page 2 (Many of my credit limits were decreased and the % of interest was increased. They did much worse than my position I was in with my creditors prior to December 14th.) Attachment 6)
page 1-10
(d) Make, or counsel or advise any buyer to make, any statement which is untrue or misleading and which is known, to be untrue or misleading, such as statements concerning a buyers creditworthiness, credit standing, or credit capacity. Attachment 7) page 2 (Briggs & Baker told me to quit making 5-7 payments. I refused. Not making my payments would mislead my creditors as to my ability to continue to pay. I made it clear from the very beginning 12-19-01, that I would not miss a payment). Attachment 9) page 1

1789.18 No credit services organization shall conduct business in this state unless the credit services organization has first obtained a surety bond in the principal amount of one hundred thousand dollars ($100,000) issued by an admitted surety and the bond complies with all of the following:
(The surety bond #125258 was canceled as of April 2002) Attachment 7) page 5

1789.25 (c) Each credit services organization shall notify the Department of Justice in writing within 30 days after the date of change in the information required by subdivision (a) (1) The name and address where business is actually conducted of the credit services organization. (2) The names, addresses. (A) a full and complete disclosure of any litigation commenced against the credit services organization or any resolved or unresolved complaint that relates to the operation of the credit services organization and that is filed with the Attorney General or any other governmental authority of this state, and other state, or the federal government. With respect to each resolved complaint identified by the disclosure, the disclosure shall include a brief description of the resolution. (B) An acknowledged declaration under penalty of perjury stating that no litigation has been commenced and no unresolved complaint relating to the operation of the organization has been filed with the Attorney General or any other governmental authority of this state, any other state, or the federal government. (4) Other information that the Department of Justice requires, either at the time of application or thereafter. Attachment 7) page 8
(The address on the bond and the agent of process of service is incorrect).
Attachment 10) page 1,2
(The listing with the Secretary of State is incorrect) Attachment 10) page 3
(Briggs & Bakers address of operation has changed, there are complaints filed and court cases and judgements against this CSO.)
I have been in contact with others who have court orders for Briggs & Baker to pay their claim. These cases have been successful in their appeal also. Frank M. Lanak is the General Counsel- Director of Claims of the American Contractors Indemnity Company. Address 9841 Airport Blvd., 9th Floor, Los Angeles, CA 90045, 310-649-0990 Tel. 310-649-0891 Fax. I have asked him why he is not paying out the court orders and undisputed claims. He says that Briggs & Baker has instructed him not to pay out any claims. How is this possible? What can be done about all these violations?

Sincerely,



Deborah
Glendora, California
U.S.A.