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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 companys obligation and third party collectors 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 sucient consideration. 3. It cannot accept the benefit
of your oer without accepting the obligations of your oer. 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 Larneys Estate, 148 Misc. 871, 266 N.Y.S. 563.
By sending your Novation oer and notice of your card dispute:
A. Your contract is supported with adequate and sucient 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 oer;
C. You declare the legal basis for claiming zero liability for the account or for any debt alleged
through a prior agreement once your oer 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.
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.