Dear Mr. P:

Upon receiving your January 14 letter demanding payment under a 6-year-old promissory note held my Mr. M, I had difficulty recalling any such obligation. (Your letter failed to enclose a copy of the underlying documents.) I deny any obligation regarding the claims you assert, and will not be submitting payment under any circumstance. My reasons for this position are explained below.

It has been my understanding for over four years that the principal obligor, JBW, deceased, had satisfied this obligation in full or otherwise settled with the claimant. Mr. W informed me years ago on several occasions that this obligation had been taken care of.

The circumstances corroborate, and have led to, my logical and reasonable conclusion that the reason Mr. M has never communicated with me or made demands of me or sued me since November 2000 when the note became due and went into default (and when it became incumbent upon him to exercise his [alleged, not admitted] rights against me), is because the obligation had been satisfied in some manner by Mr. W, in accord with Mr. W's representations to me. Mr. M's conduct and silence confirmed Mr. W's representations. All communication by lender had been directed to Mr. W, as it should have been, given his role as the only party Mr. M could reasonably look to in the circumstances for payment.

Given the lateness of Mr. M's claims, they are spurious at best (an abuse of process if litigated), considering the reasonable reliance on years of silence, failure to exercise rights, no demand, and substantially changed circumstances, including Mr. W's death, during the elapsed time frame.

If Mr. M elects to litigate this matter, that is his prerogative, but it will require much difficult discovery (including a complete examination of Mr. W's estate's records) due to the 7 years that have elapsed since anyone has communicated with me about this matter (a textbook definition of "laches"), and will carry risks for him as well.

Aside from the many defenses the circumstances afford me to any claim Mr. M may assert in this matter, which diminish his prospects of securing a judgment against me, you should be aware that I have been essentially destitute since my involvement with Mr. W. I have no assets, and have been on the edge of bankruptcy for years, all largely as a consequence of Mr. W's project failures and my own misplaced reliance on his representations and assurances regarding the pending transaction prospects.

I suffered significant financial setbacks through my involvement with Mr. W's project (it was a very negative chapter in my life with severe consequences). I consequently have no reason, and no means, to suffer any further damage by accommodating your demand.

Sincerely,

By this letter I terminate and rescind the lease agreement dated October 2006 for 66 Lincoln Avenue, Laketown OH, and notify you that I will not be occupying the premises, and I consider the lease a nullity. You are now on notice to re-let the premises.

This rescission and notice of lease termination is based on the following:

I have been prevented from occupying the premises by virtue of your failure to fulfill agreed upon conditions, and your representations, specifically the provision of a refrigerator. Despite accepting my $725.00 security deposit on October 4 and 26, you have failed to honor this agreed obligation.

I relied on your representations regarding the appliances, and you knew that I was relying because I informed you that I am unable to move my children until needed appliances are in place.

Further, per your posted note today, you have now imposed additional conditions respecting my payment of rent (without sufficient cause) that were not disclosed or agreed upon prior to signing the lease and which were not stated in the lease. I find these unilateral conditions unreasonable in the circumstances, unduly burdensome, and an unfortunate indicator of your intent with respect to this relationship. I am not in the practice of delivering cash or money orders, but pay by check for record keeping purposes. You should have disclosed such a policy in advance.

Finally, during our short interaction I have observed you to be of a difficult and unpredictable nature (as evidenced by your unreasonable demand for cash and failure to promptly communicate regarding the above conditions), a circumstance that I do not wish my children exposed to, and which will likely adversely affect my ability to quietly enjoy the premises.

Without admitting any violation of the lease, and solely to settle any dispute respecting the lease, I authorize you to retain my $725.00 security deposit. Should you fail to abide my rescission and seek to enforce the lease despite your breach of covenants, this offer is null and void and I will vigorously demand its return.

Thank you.

Dear Ms. B:

On February 14, 2008 I asked that your office provide the assignment or other instrument under which Citibank has transferred to A Collection Service, Inc. the authority to negotiate, collect, or settle this obligation. As of today I have not received a written response of any kind containing a reliable certification of A's authority to collect or settle this obligation, or file the required settlement statements with credit bureaus. Despite 7 days to comply with my simple request, A has not even had the courtesy to issue a written response acknowledging my communication.

In view of the many online complaints posted by consumers about A and its questionable collection practices, conducting our business in writing and securing written evidence of authority and capacity is essential. Please identify the person in your office with the authority to release this pertinent information to me.

Further, despite our conversations last week, in which I indicated to you that my mother, R. E. Spector, the debtor, is a 78-year old stroke victim at risk of any collection related stress, and my instruction that I am handling this matter on her behalf (as further evidenced by my February 14th letter), you have continued to attempt to contact R. E. Spector directly. You have ignored my specific requests and instructions, exposing her to the risk of stress-related medical complications.

Consequently, as attorney-in-fact for R. E. Spector, I instruct you and A to immediately cease and desist from any further communication directly with R. E. Spector by telephone or otherwise concerning the Citibank obligation. All further communication regarding captioned Citibank account must be directed to the undersigned at the office identified above.

Failure to honor this request and conform A's conduct to this instruction will trigger a Fair Debt Collection Practices Act violation claim, along with online complaints detailing A's practices and failures to conform its conduct to the Fair Debt Collection Practices Act, and appropriate notices to the Ohio Attorney General, the Ohio Department of Commerce, and all appropriate consumer advocacy organizations. I will also report your failures to A's owners and request that they deal with me directly.

As I stated in my February 14, 2008 letter, I am prepared to issue a written settlement offer on behalf of my mother R. E. Spector. Despite having not yet received the certification of authority instrument from A, we hereby offer the sum of $6,500.00 to fully and completely settle this account. This one-time settlement payment is available immediately.

This $6,500.00 settlement offer is conditioned upon my advance receipt of a verifiable written document certifying A's authority to settle this obligation and report the settlement status to credit bureaus. Any payment is further conditioned upon A's or Citibank's actual written agreement to both accept the payment in full settlement of the account and immediately and fully report the settled status of the account to all credit bureaus to whom Citibank has previously reported the account status.

I urge you to accept this settlement offer for the following reasons. 1. Given the fact that R. E. Spector is at risk of another stroke, her ability to settle this account may be compromised at any time due to her fragile medical condition. 2. She is presently consulting with legal counsel concerning the prospect of filing a chapter 7 bankruptcy, and in her current circumstances, she is a good candidate for the protections bankruptcy affords. 3. Her estate status is such that no resources would be available to pay the Citibank obligation.

I require that A Collection Services communicate in writing through a party duly authorized to fully settle this account and issue the documents I require, with appropriate and reliable credentials; by which I mean someone who can be held accountable. You may contact me to discuss this further on weekdays, except today, between 10:00 am and 12:00 noon EST only.

Sincerely,

Dear Mr.:

Thank you for taking the time to meet with Mr. A. and me on August 22, and for affording BigCo the opportunity to serve the USPS’ water treatment needs.  Tom and I both felt that our meeting with you was informative and productive, especially regarding the prospect of establishing an ongoing mu

tually beneficial supplier relationship to address the USPS’ chiller/tower water treatment issues. 

Per your recent telephone conversations with Mr. A., I’ve enclosed the BigCo Quotation for manufacture and installation of HydroPlex model #HP500C4-140 at the Merrifield VA USPS facility.  This quotation is submitted in response to your inquiry, and may be used as the basis for a USPS purchase order for 90 days.  If you have questions or require clarification, please contact me or Mr. D., our Vice-President of Sales and Marketing (216.xxx.xxxx), directly. 

Since our August 22 meeting, Tom, Ben, and I and have discussed your USPS chiller replacement program and the long-term value BigCo is able to add to the equation.  BigCo’ established record of success and effectiveness in non-chemical water treatment enables us to assist you in moving your chiller replacement program ahead in a number of ways. 

First, BigCo’ HydroPlex technology ensures that new USPS chillers and towers are operating free of scale, at optimized efficiency.  In addition, BigCo enables the USPS to maximize the useful life of chillers and towers, while freeing itself of toxic chemicals in water treatment and the risk of harmful bacteria like Legionella, all at the same time it is eliminating CFCs.  The economic advantages are clear.

Second, BigCo’ alliance with McQ Service permits immediate nationwide installation, monitoring, and service of our HydroPlex products.  McQ Service is one of the largest in its field nationwide, and a subsidiary of McQ International, a top-5 chiller manufacturer.  Our alliance with McQ is designed to add value to our process and streamline large projects.  

We would like to meet in Washington DC to conduct further discussions regarding BigCo’ prospective role as a water treatment supplier to the USPS, investigate the steps appropriate to this end, and explore details, prospects, evidentiary requirements, etc.  On August 30, 2002, Mr. D. and I met with McQ Services’ National Sales Director ***, and its Service Manager-Great Lakes District ***, who have expressed strong interest in meeting you for the purpose of exploring implementation synergies for the USPS chiller plant renewal process.  We are planning to arrange for Mr. *** to meet with DC Metro’s Paul *** in the next couple of weeks and would like to coordinate a visit with you at the same time, if possible, and if you are disposed to expand the dialog in this manner at this time. 

You are usurping my parental authority over my daughter by refusing to honor my instructions to release her to me.

While your intentions may be honorable, you are violating, deliberately interfering with, and denying my parental rights and duties, while alienating my daughter's affections by aiding her defiance of my instructions.

My daughter's best interest is properly served by advocating her compliance with my parental wishes, instructions and rights. Instead, you are undermining and poisoning my relationship with her by refusing to comply with my instructions as her Mother.

You do not have any right, power, or authority whatever to do these things. Further, you have no power to impose conditions or your judgment on my right to govern and parent my child, whether you believe I am a good or fit parent or not.

Worse, by your misconduct, you are permitting and encouraging my daughter to use you against me as and when it suits her convenience, which is itself causing damage to the relationships at hand. You are doing exactly the wrong thing in these circumstances by enabling her to believe that every time she uses her favorite wedge card, she can defy me. It is exactly in these moments that a child must be instructed by the community, especially her family, to honor her mother, respect her mother, and abide her mother's wishes. You are doing great and irretrievable damage to my relationship with my daughter and you must stop immediately.

Either immediately return my daughter to me with instructions to her to respectfully abide her mother's rules, or make immediate arrangements for her retrieval by her father, and her permanent relocation to his state. I do not under any circumstance consent to your continued usurpation of my control as a parent, or your actions in defiance of my instructions.