PURPOSE AND PLAN FOR
CREDIT CARD DISPUTE AND
NOVATION CONTRACT OFFER
Purpose: It is the purpose of the credit card dispute and
Novation Contract program to pay off credit card debt and to clean
up your credit record using procedures permitted by contract
common law, the Uniform Commercial Code, the Fair Debt Collection
Practices Act and the Fair Credit Reporting Act.
NOVATIONS
UNDER THE LAW
A Novation is a new agreement
and is recognized in the law. The definition of Novation from
Bouvier's 1856 law dictionary illustrates:
NOVATION,
civil law. 1. Novation is a substitution of a new for an old debt.
The old debt is extinguished by the new one contracted in its stead;
a novation may be made in three different ways, which form three
distinct kinds of novations.
2. , The first takes place, without
the intervention of any new person, where a debtor contracts a new
engagement with his creditor, in consideration of being liberated
from the former. This kind has no appropriate name, and is called a
novation generally.
Your Novation Contract substitutes a
new debt (zero) and a new engagement for the one claimed by the
credit card company.
EVERY credit card company uses the
novation contract process. Any time you get a Notice of an update
to the terms and conditions of your credit card agreement, this
update is in fact an offer to enter into a novation contract (a new
agreement). When you use the credit card after
receiving the
new update, you have agreed to the new terms. Your act of
using the card is an acceptance of the new agreement. How
else could they change your credit card agreement? Insurance
companies use this also, such as when you have a claim for $20,000
for damage and they send you $3,000.
YOUR CARD DISPUTE AND NOVATION
You can use the same process to enter
into a new agreement with a card company, under your terms
and conditions, by making the company an offer, which it can accept
with an act. Simply, you send the card company a check for
some amount, say $25, with the stated condition that by accepting
the check, it agrees to your new terms and conditions (your Novation
Contract). When the card company accepts the check by cashing it,
it has agreed to your new Novation Contract.
Your notice of debt dispute and
Novation Contract is designed to do the following:
(1) Bind your credit card company to
the terms and conditions of your Novation Contract which include
but are not limited to:
a) the cancellation of any and all
prior in-force agreements;
b) its admission that the debt and
all prior agreements are now paid in full;
c) its waiver of all claimed right
of arbitration against you;
d) its obligation to report the
account in dispute as "paid as agreed" to credit reporting
agencies;
e) its agreement to not take any
collection activity against you and to inform any assignees of
the account that it has agreed that the account is "paid as
agreed";
f) the requirement that it verify
under oath the amount of debt you allegedly owe in any
correspondence to you; and
g) its agreement that any breach
of the terms of the Novation Contract by them will injure and
damage you and that it will be liable for all damages;
(2) Upon notice, bind any and all
collection agents of your credit card company and third party
collection companies to your Novation Contract;.
(3) Establish a legal basis for a
claim of zero liability for the disputed credit card account;
(4) Establish a legal basis for
declaring invalid any and all allegations of debt made against you
that are associated with the credit card account and sent through
the U.S. mails;
(5) Establish a legal basis for
claiming injuries and damages should the credit card company or
any collection agency breach the terms and conditions of your
Novation Contract; and,
(6) Destroy any legal basis for the
credit card company or any collection agent to ignore your card
dispute and Novation Contract by your:
a) choosing and using a procedure
permitted and recognized by contract common law, the Uniform
Commercial Code, the Fair Debt Collection Practices Act, and the
Fair Credit Reporting Act;
b) establishing the card company's
obligation and third party collector's obligation to verify
under oath the amount of any debt they allege you owe;
c) removing any controversy
between your demand for verification of any alleged debt and any
and all presentments by third parties containing unverified
allegations of debt against you; and,
d) removing any presumption that
you willfully avoided a known debt.
LEGAL CONCEPTS BEHIND THE CARD
DISPUTE AND NOVATION OFFER
1. In every legal dispute,
one side is considered to have the
"presumption of truth" and the other
side is considered to have the "burden of
proof". As an example, if a person is
accused of a crime the law presumes s/he is innocent until the
accuser proves s/he is guilty of the crime beyond a reasonable
doubt.
2.In contract law, the presumption
of truth says a party is presumed to have entered into a
contract (in this instance entered
into by an implicating act) knowingly and willingly and for
an exchange of adequate and sufficient consideration.
3. It cannot accept the benefit of
your offer without accepting the obligations of your offer. This
doctrine is set forth in cases, Aetna Inv. Corporation v.
Chandler Landscape and Floral CO., 227 Mo.App. 17, 50
S.W.2d. 195, 197 and In re Larney's Estate, 148 Misc. 871,
266 N.Y.S. 563.
By sending your Novation offer and
notice of your card dispute:
A. Your contract is supported with
adequate and sufficient consideration in the form of a check made
to your credit card company for an amount between $25.00 and
$100.00;
B. You detail with clear language
the consequences of the card company accepting your offer;
C. You declare the legal basis for
claiming zero liability for the account or for any debt alleged
through a prior agreement once your offer is accepted; and,
D. You state the adverse
consequences to the card company of any collection activity that
does not contain sworn verified proof of your obligation as a
debtor.
CREDIT CARD COMPANY RESPONSES
To verify proof of your alleged debt
liability, the collection entity must provide to you verification by
sworn statement of the amount of lawful money loaned to you and that
the claim, demand or request arose from a contract which supercedes
your Novation Contract. It is further noticed that pursuant to the
Fair Debt Collection Practices Act, 15 U.S.C. Sec. 1601 et. seq.,
and the terms and conditions of your Novation Contract, that any
collection attempt by it or any agent that does not include the
verification of debt conditions will result in breach of your
Novation Contract and an admission by them that you have no
liability regarding the account in dispute.
You will probably receive a response
that will constitute an invalid response, and therefore a default
and a breach of your Novation Contract, thereby setting the card
company up for your claim of damages against it.
CLEARING UP YOUR CREDIT REPORT AND
LEGAL CONCEPTS BEHIND CREDIT REPORTING BUREAUS' FIDUCIARY DUTIES
The Big "3" credit reporting bureaus,
Equifax, Experian and Trans Union, keep personal information on your
credit worthiness. They are a "third party" supplier of that
information and have not only a legal duty to assure its accuracy
but a fiduciary duty as well to maintain the information accurately.
This fiduciary role is your friend. Once it is established that
your credit card company has knowingly and willingly entered into a
Novation Contract with you, you have a legal basis for requiring the
bureaus to designate your account with the credit card company "paid
as agreed".
You send out a Sworn Notice with
verified evidence along with a demand to the reporting bureaus that
they must remove all negative information from their records unless
the credit card company can provide the reporting bureau with
VERIFIED proof that your Sworn Notice to it is false or inaccurate.
This never happens as you have already established and shown the
reporting bureau that there is no evidence available or forthcoming
that would overcome and outweigh the evidence of the Novation
Contract.
As a consequence of the
fiduciary duties of the reporting bureaus under common law and their
obligations under the Fair Credit Reporting Act, the credit
reporting bureaus are under a legal duty and obligation that if they
receive no verified evidence to overcome and outweigh your Sworn
Notice, to designate in their records that the account with the card
company is "paid as agreed". They must do this no later than 30
days after they receive your Sworn Notice.
ATTENTION!
This purpose and plan document is not
legal advice. If you want legal advice see a lawyer, better yet, buy
a lawyer. The documents discussed here carry no warranties either
express or implied. The documents referenced herein are served upon
the respondents identified in same under your oath and seal and are
sent out with your autograph attesting that the facts, statements,
claims, laws and conclusions of law cited therein are certified by
you to be true to the best of your knowledge and belief under
penalty of perjury.
If you are ready to begin a
Novation process, click
here
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