Friday, June 1, 2012

Conditional Acceptance

Big Bad Bank Finance Corporation December 29, 2009
PO Box 123456
City, ST ZIP

Attn: Billing Inquiries Department Manager
Re: Account Number 4388 0000 1234 5678

To Whom It May Concern;

It has recently come to my attention that there may be defects in the original contract that was entered into when the above listed credit account was established with Big Bad Bank (BBB), which may invalidate our present agreement.

I will gladly pay the full amount I am lawfully liable for, as I wish to comply with all laws and regulations that apply to me, and BBB has a fiduciary responsibility to do the same.

Therefore, I conditionally accept for value your presentment and agree that I owe the amount indicated on your statement, upon proof of claim that you can produce a valid contract making me liable for such debt. In order to confirm this, please provide the following:
  1. An invoice for the full amount you claim I owe (not a statement).
  2. A copy of the original contract detailing the terms and conditions, signed by both parties.
  3. Evidence of BBB's consideration.
  4. Verification that full disclosure was made.
  5. Proof of a lawfully binding contract signed under full commercial liability by an authorized agent on behalf of your corporation, under penalty of perjury as required by 26 U.S.C. §6065 and 26 CFR §301.6203-1.

I further request that all communication regarding this matter be delivered in writing. I will not accept any phone calls. My mailing address is: PO Box 98765, City, ST ZIP.

According to 15 U.S.C. §1692(g)(b), a creditor who fails to provide verifiable proof of an alleged debt within 30-days forfeits their right to further collection activity and repudiates the debt. Consequently, if I do not receive the above listed information in the prescribed period of time, we will then have a tacit agreement with the following terms:

  • You agree to discharge/off-set the full amount you claim I owe, bringing the balance of said account to zero - paid in full - within ten (10) days of default.
  • You will desist from pursuing any collection activity on this account.
  • You will not sell or forward the account balance to any third party credit collection agency.
  • No negative remarks will be made to any credit reporting agencies regarding this matter.

Thank you for you cooperation and attention to this matter.

Without Prejudice UCC 1-207

Jane Doe, on behalf of

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