HOUSEHOLD FINANCE INDUSTRIAL LOAN CO OF IOWA vs JAMES W PIERCE, 2010 CV 04457, No. 15340304 (Ohio State, Montgomery County, Court of Common Pleas Aug. 11, 2010) (2024)

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`CERTIFICATE OF SERVICE
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`A copy of the foregoing Notice was sent via ordinary U.S. Mai} this
`August, 2010:
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`i
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`i m day of
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`James W. Pierce
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`6672 WiHowmere Court
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`Huber Heights, Ohio 45424
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`/S/ Evana Caroiyn Deion
`EVANA CAROLYN DELON
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`0077741
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`Attorney for Plaintiff — Household Finance Industrial
`Loan Co. of Iowa
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`MONTGOMERY COUNTY, OHIO
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`HOUSEHOLD FINANCE
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`*
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`OE VIRGINIA OR IOWA?
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`* RESPONSE /ANSWER TO COMPLAINT
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`C/O CLIFF BABco*ck OE
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`* CASE NO: 2010CVF00536
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`CLEVELAND, OHIO
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`VS
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`*
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`*
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`JAMES W. PIERCE OF
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`* COMPLAINT RECEIVED BY MAIL ON }UNE 2, 2010 AND
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`OHEO (NOT IOWA}
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`* RESPONDED TO THIS 21ST DAY OF JUNE 2010
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`THE PLAINTIFF AND, MORE PARTICULARLY, THE ATTORNEY FOR THE PLAINTIFF IN THIS COMPLAINT HAS
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`MATERIALLY MISREPRESENTED AND INTENTIONALLY OMETTED THE KEY FACTS IN THIS MATTER AND
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`KNOWINGLY, WILLFULLY, AGGREGIOUSLY AND UNLAWFULLY VIOLATED THE REQUIREMENTS OF THE
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`US. FAIR DEBT COLLECTIONS PROTECTION ACT, THE US. FAIR CREDIT REPORTING ACT AND THE RULES
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`AND REGULATIONS PROMULGATED BY THE FEDERAL TRADE COMMISSION, ALL OF WHICH ARE
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`DESIGNED TO ENSURE THAT THE RIGHTS AND DUE PROCESS GUARNATEED DEBTORS ARE NOT
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`COMPLETELY IGNORED AND TRAMPLED ON {AS THEY HAVE BEEN IN THIS CASE) TO SUCH AN EXTENT
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`THAT THIS COMPLAINT MUST BE DECLARED NULL AND VOID AND IMMEDIATELY DESMISSED BY THE
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`COURT. THE FACTS IN THIS MATTER ARE CLEARLY DELINEATED AS EOLLOWS AND EN THE
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`ATTACHMENTS FOR THE REVIEW AND ACTION OF THE COURT TO DISMISS THIS COMPLAINT AND UNDER
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`THE LAW OF NULLIFICATION RENDER THES MATTER TO HAVE NO LEGAL VALEDITY AND TO EFFECTIVELY
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`ANNUL AND ENVALEDATE THIS COMPLAINT BASED ON THE WEIGHT OF THE OVERWHELMENG EVIDENCE
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`PRESENTED BELOW AND EN THE DEMAND FOR FAIRNESS AND JUSTICE THE DEFENDANT REJECTS, DENIES
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`AND DISPUTES EVERYTHING THAT HAS BEEN PRESENTED TO THE COURT BY CLEFF BABco*ck, WHICH IS
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`MORE SPECIFICALLY REPUDIATED AS FOLLOWS.
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`1. THE MOST BLANTANT AND REPUGNANT OF THE MULETIPLE AND CONTINUING UNLAWFUL
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`VIOLATIONS OF THE US. FAIR DEBT COLLECTIONS PROTECTION ACT (FDCPA), COMMITTED
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`MOST RECENTLY BY MR. BABco*ck, WAS HIS THREATENING PHONE CALL ON MAY 27, 2010 AT
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`11:48 AM. {FROM THE PHONE NDMBER 216869-2882) IN WHICH HE NOT ONLY REFUSED TO
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`LESTEN TO ANYTHING I HAD TO SAY, BUT INTERRUPTED ME WHEN I WAS TRYING TO SAY IT AND
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`VERY THREATENINGLY EXPRESSED THAT IF I WAS NOT (SONG TO PAY IN FULL IMMEDIATELY
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`THAT "HE WOULD JUST HAVE TO DO WHATEVER HE HAD TO DO TO ME” IN THE MOST VICIOUS
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`AND MEAN SPIRITED TONE I HAVE EVER BEEN SUBJECT TO, PARTICULARLY BY SOMEONE WHO I
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`HAD NEVER SPOKEN TO BEFORE AND CERTAINLY DID NOT KNOW FOR CERTAIN WHO HE EVEN
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`WAS. OBVIOUSLY, IN VIEW OF HOW UPSET HE WAS HE THEN IMMEDIATELY PREPARES AND
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`MAI LS ME A LETTER ON THE VERY SAME DAY, MAY 27, 20.10, DEMANDING THAT I FOLLOW-UP
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`WITH ANOTHER INDIVIDUAL, A RAY JENA,THAT I HAD NEVER DEALT WITH BEFORE AND HAD
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`NO KNOWLEDGE OF WHATSOEVER (WITH NO EXPLANATION IN THE COMMUNICATION AS TO
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`WHO HE WAS OR WHO HE REPRESENTED) AND THAT I MUST DO THIS WITHIN THIRTY (30) DAYS
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`OF THE DATE OF THIS LETTER OF MAY 27, 2010. ALL OF THIS OCCURRED OVER THE MEMORIAL
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`DAY WEEKEND DELIBRATELY MAKING THE DEFENDANT LOSE FOUR DAYS OF RESPONSE TIME.
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`AS I HAVE IN EVERY OTHER INSTANCE THROUGHOUT THIS ENTIRE PROCESS, I RESPONDED WELL
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`WITHIN THE THIRTY [30) DAY PERIOD ON JUNE 18, 2010 BY SENDING MR. BABco*ck AND MR.
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`JENA A REGISTERED/CERTIFIED LETTER RESPECTFULLY REQUESTING ALI. OF THE VALIDATION
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`DOCUMENTATION TO WHICH IAM ENTITLED UNDER FDCPA. YET, LONG BEFORE EVEN WAITING
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`TO RECEIVE MY LETTER OF RESPONSE, WHICH I AM AFFORDED BY THE FDCPA, MR. BABco*ck
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`ILLEGALLY ON JUNE 1, 2010(THE TUESDAY AFTER MEMORIAL DAY} FILES A LAWSUIT AGAINST
`ME FOR ALL OF THE VERY SAME THINGS THAT HAVE BEEN IN ERROR AND DISPUTE FROM THE
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`DAY I WAS FIRST UNEMPLOYED AND WHICH HE WOULD HAVE BEEN FULLY AWARE OF IF HE
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`TRULY REPRESENTED HFC AND HAD THEIR ENTIRE FILE ON THIS MATTER. (ALSO, IT MUST, IN ALI.
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`FAIRNESS, BE POINTED OUT, THAT THIS PATTERN OF QUESTIONABLE BEHAVIOR AND RULE
`BREAKING ACTIVITIES MAY WELL BE STANDARD PRACTICE BASED ON THE COMMENTS AND
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`CRITIQUES 0F BABco*ck AND WASSERMAN ON THE INTERNET WHERE THEY ARE SAID BY
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`OTHERS WHO HAVE HAD TO DEAL WITH THEM AND HAVE EVALUATED THEM, IN THEIR
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`OPINION, AS BEING ONE OF THE MOST AGGRESSIVE, HARASSING AND LOWEST RATED JUNK
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`DEBT BUYERS/COLLECTORS IN THIS DUBIOUS AND HIGHLY SUSPECT INDUSTRY OF JUNK DEBT
`COLLECTORS -- RECEIVING ONE STAR FOR THEIR QUALITY AND PROFESSIONALISM ON A SCALE
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`OF FIVE STARS.)
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`IN FACT, IT WAS SAID IN THE ONE REVIEW THAT "THEY (BABco*ck) DON’T CARE
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`IN KEEPING WITH THIS PATTERN AND
`ABOUT YOUR RIGHTS, THEY ONLY WANT YOUR MONEY.”
`TRACK RECORD OF COMMENTS AND EVALUATIONS BY OTHERS WHO HAVE BEEN FORCED TO
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`DEAL WITH BABco*ck, HE HAS STILL NOT RESPONDED IN ANY WAY, SHAPE OR FORM TO MY
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`LETTER OF IUNE 18, 2010, CHOOSING INSTEAD TO ABUSE NOT ONLY THE DEFENDANT, BUT
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`ALSO THE COURT, IN PREMATURELY TRYING TO USE THE COURT TO UNIUSTIFIABLY OBTAIN A
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`QUICK AND UNWARRANTED JUDGEMENT AGAINST A DEFENSELESS AND UNKNOWLEDGABLE
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`DEBTOR FOR A DISPUTED AND SERIOUSLY INFLATED DEBT TO WHICH HE IS NOT LAWFULLY
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`ENTITLED. THIS COMPLETE AND LITTER DISREGARD AND DISDAIN FOR NOT ONLY THE RIGHTS
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`AND DUE PROCESS THAT IS GUARANTEED TO THE DEFENDANT, BUT ALSO, EVEN MORE
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`IMPORTANTLY, THE LAWS OF THE UNITED STATES OF THE AMERCIA AND PROPER JUDICIAL
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`PROCESS FOR USING THE COURTS OF THIS COUNTRY IN THE MANNER AND IN ACCORDANCE
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`WITH SAID LAWS OF CONGRESS AND THE US. FEDERAL TRADE COMMISSION, WHICH IN ALL OF
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`ITS TOTALITY DEMANDS AND REQUIRES THAT THIS MATTER BE IMMEDIATELY DECLARED NULL
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`AND VOID AND DISMISSED ON THE MISCON DUCT OUTLINED ABOVE, AS WELL AS, BELOW IN ALL
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`OF THE OTHER SIMILAR INSTANCES OF ILLEGAL VIOLATIONS OF THE FDCPA COMMITTED
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`DIRECTLY BY THE PLAINTIFF, INCLUDING, AMONG OTHERS, EXHIBIT 2 (CI BELOW INVOLVING
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`MS. MARGARET VAN LIERE.
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`2. AS SUPPORTED AND VERIFIED BY ALL OF THE ATTACHED CORRESPONDENCE, AS WELL AS, ALL
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`OF THE NUMEROUS PHONE CONVERSATIONS I HAVE BEEN STRESSFULLY FORCED TO ENDURE, I
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`HAVE BEEN TRYING, DESPERATELY, TO GET SOMEONE AT HOUSEHOLD FINANCE TO RECOGNIZE
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`OUR DRASTICIALLY CHANGED FAMILY FINANCIAL CIRc*msTANCES AND TO PROVIDE ME IN
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`WRITING WITH SOME REASONABLE REPAYMENT PLAN THAT WOULD WORK WITH OUR FAMILY
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`BUDGET. AFTER BEING UNEMPLOYED FOR AN EXTENSIVE PERIOD OF TIME, IAM CURRENTLY
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`AND SEVERELY UNDEREIVIPLOYED IN AN ENTRY LEVEL POSITION THAT PAYS, ON AVERAGE, A
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`SMALL FRACTION OF WHATI ONCE MADE WORKING WITHIN THE PROFESSION THAT I WAS
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`TRAINEE} FOR WHEN HOUSEHOLD FINANCE FIRST BEGAN RECRUITING AND SOLICITING MY
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`BUSINSESS {IN FACT WHEN THEY FIRST BEGAN AGGRESSIVELY AND INSISTENTLY PURSUING MY
`BUSINESS MORE THAN TWELVE YEARS AGO THEY ACTUALLY CAME TO IVIY PERSONAL OFFICE
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`TRYING TO ENTICE ME TO CONSIDER THEIR OFFERS OF UNSECURED CREDIT WITH ONLY MY
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`GOOD INCOME AT THE TIME TO BACK IT UP; INTERESTING LY, WHERE ARE THESE VERY HELPFUL
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`HFC REPRESENTATIVES WHEN I WAS TRYING FOR THE LAST FOUR PLUS YEARS TO GET SIMPLE
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`INFORMATION AND SOME TYPE OF REASONABLE PAYMENT PLAN). MY MEAGER CURRENT
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`INCOME, WHICH IS LESS THAN ONE—FIFTH OF WHAT WE ONCE MADE, DOES NOT EVEN COVER
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`BASIC WEEKLY HOUSING, FOOD, ELECTRIC, HEATING AND OTHER SUSTENANCE OBLIGATIONS,
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`MUCH LESS THE OTHER OBLIGATIONS OF MORTGAGES, TU ITIONS,OUR TWO SON’S MEDICAL
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`NEEDS WITH CHRONIC ILLNESSES, AND OTHER DEBTOR OBLIGATIONS. AS DETAILED IN THESE
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`ATTACHMENTS, WHICH THE COURT IS IMPLORED TO READ FULLY AND THOROUGH LY (SINCE I
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`WAS UNSUCCESSFUL IN EVER GETTING ANY HOUSEHOLD FINANCE REPRESENTATIVE,
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`INCLUDING “EXTERNAL” DEBT COLLECTOR CLIFF BABco*ck — WHO I HAVE NO IDEA WHO HE IS,
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`WHO HE REPRESENTS AND HAVE NEVER HEARD FROM BEFORE RECEIVING THIS COMPLAINT
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`AND IS SURELY NOT OWED ANY MONEY DESPITE WHATEVER HE MAY HAVE PAID HOUSEHOLD
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`FINANCE TO STRESSFULLY HARRASS US INTO PAYING WHATEVER HE CAN GET ”TO READ,
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`ACKNOWLEDGE AND RESPOND TO IN ANY REASONABLE FASHEON), I DO NOT HAVE ANY
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`RESOURCES WHATSOEVER TO FU LFILL THE OUTRAGIOUS, UNWARRANTED AND
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`UNSUBSTANTIATD DEMANDS TO PAY IN FULL $15,800.00 FOR A DISPUTED ACCOUNT THAT BY
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`THE DETAILS OF THE VERY EXHIBIT (WHICH IS ALSO OF TOO SMALL OF TYPE FOR ANY SEEING
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`PERSON TO EVEN READ AND HAS OBVIOUSLY BEEN SIGNIFICANTLY DOCTORED AND ALTERED BY
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`SOMEONE BEFORE IT WAS PROVIDED TO THE COURT AND THE DEFENDANT} THAT THE
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`FLAINTIFF’S ATTORNEY PROVIDED IS CAPPED BY A $10,000 LINE OF CREDIT THAT WAS
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`UNMISTABLY AND UNQUESTIONABLY ESTABLISHED VOLUNTARILY BY THE PLAINTIFF (WITHOUT
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`ANY FURTHER EVIDENCE OF ANY KIND THAT THE ACCOUNT IN DISPUTE WAS EVER INCREASED
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`WITH ANY APPROPRIATE AUTHORIZATION, SIGNATURE OR APPROVAL OF THE DEFENDANT).
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`IN
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`GOOD FAITH, IN AN EFFORT TO STRIKE A REASONABLE RESOLUTION OF THIS ENTIRE
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`UNCONSCIONABLE MESS, I PAID SEVERAL PARITAL PAYMENTS, AS ENUMERATED AND
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`DOCUMENTED BELOW AND IN THE ATTACHMENTS OVER SEVERAL MONTHS BASED PRECISELY
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`ON WHAT VARIOUS HFC ”REPRESENTATIVES" INSTRUCTED ME TO PAY VERBALLY OVER THE
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`PHONE , AND YET DESPITE ALL OF THE VERBAL PROMISES AND GUARANTEES I RECEIVED OVER
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`THE PHONE BY THESE SOvCALLED REPRESENTATIVES, I NEVER RECEIVED EVEN ONE REPAYMENT
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`PLAN THAT WAS EVER AFFORDED ME FOR MY CONSIDERATION DESPITE MY REPEATED
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`REQUESTS AND PRO—ACTIVE PLEADENGS WITH HFC TO DO SO, WHICH ARE ENUMERATED
`BELOW. WETH THE ECONOMIC DEPRESSION CREATED BY LARGE FINANCIAL TNSTITUTIONS LTKE
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`HOUSEHOLD FINANCE HITTENG ME AND MY FAMELY OF SEVEN SQUARELY AND DIRECTLY WE
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`HAVE EXHAUSTED ALL OF OUR SAVINGS, LTFE INSURANCE AND RETTREMENT FUNDS TRYENG TO
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`KEEP UP WITH OUR BASEC MONTHLY BELLS AND OBLIGATIONS FOR A FAMILY WETH FIVE KIDS,
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`THREE OF WHOM STILL LIVE AT HOME, INCLUDING TWO THAT ARE IN COLLEGE AND ONE THAT
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`WILL NEED TO GO TO COLLEGE IN THE NEXT COUPLE OF YEARS USTNG WHATEVER FINANCIAL
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`AID, GRANTS AND LOANS THEY COULD PUT TOGETHER. WITH MY UN EMPLOYED STATUS (FOR
`THE FIRST TIME IN MY MORE THAN THIRTY «- FIVE YEAR WORK CAREER) PAINFULLY LASTING
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`FOR NEARLY AYEAR AND NOW WORKING IN ENTRY LEVEL POSITIONS OUTSIDE THE FIELD i WAS
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`TRAINED FOR, WE HAVE BASIC FOOD, HOUSING, MEDICAL AND EDUCATIONAL OBLTGATEONS
`THAT FAR EXCEED OUR MONTHLY ENCOME. THE VEHICLES WE HAVE ARE MORE THAN TWELVE
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`(12) YEARS OLD WITH MORE THAN 180,000 MILES ON EACH OF THE TWO VEHTCLES,‘ WE HAVE A
`HOUSE WE CANNOT SELL OR REFTNANCE; AND WE SCAMBLE EVERY DAY AND MONTH TRYING
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`TO GET BY AS BEST WE CAN ON WHAT WE HAVE TO LEVE ON EACH MONTH. FOR MORE DETAILS
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`ON MY FINANCIAL PREDLCAMENT PLEASE, AGAEN, REVIEW ALL OF THE EFFORTS I HAVE MADE
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`CONTINUALLY TO BEG FOR THE UNDERSTANDING AND COOPERATION OF HOUSEHOLD FINANCE
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`TO WORK WITH THIS SITUATION JUST AS OUR OTHER CREDITORS HAVE DONE, INCLUDTNG
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`MONTGOMERY COUNTY IN PUTTING US ON A MONTHLY PROPERTY TAX DELINQUENCY
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`PAYMENT PLAN, VECTREN WITH A DELENGUENT/PARTIAL PAYMENT ENERGY PLAN, THE
`FEDERAL AND STATE GOVERNMENTS FOR DELINGUENT ENCOME TAXES OWNED, CITIGROUP
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`(SEE ATTACHED EXHIBIT), US. BANK, AT&T AND SEARS CREDIT CARD AND SEVERAL OTHERS
`WHO HAVE PRO-ACTTVELY AND THOUGHTFULLY CHOSEN TO RECOGNIZE AND WORK WITH OUR
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`SITUATION AS IT ACTUALLY EXESTS (NOT AS THEY OR US WISH IT TO BE). WHILE NOT
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`INUNDATENG THE COURT WITH MY ENTIRE FILE,
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`I HAVE ATTACHED THE FOLLOWING LETTERS
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`AND MY CERTEFIED REQUESTS TO HOUSEHOLD FINANCE RESPONDING TO EVERY
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`COMMUNTCATION THEY EVER SENT ME, ALONG WETH SEVERAL MONTHS OF REQUESTED
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`PARTIAL PAYMENTS I HAVE MADE IN AN EFFORT TO RESOLVE THIS MATTER, WHICH ONLY
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`RESULTED 5N THEM CHARGING HIGHER AND HIGHER INTEREST RATES, LATE CHARGES AND FEES
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`AND OTHER PENALTIES THAT ONLY EXACERBATED THIS ALREADY DISPUTED ACCOUNT AND THE
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`UNSUBSTANTIATED AMOUNT THEY SAY IS NOW DUE. THIS CORRESPONDENCE VIA MAIL
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`BEGAN ALMOST TMMEDEATELY AFTER WE MISSED OUR FIRST FULL MINIMUM PAYMENT DUE TO
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`OUR DETERIORATING FENANCIAL CIRc*msTANCES WITHOUT ANY WARNENG OR NOTICE;
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`(A) LETTER OF OCTOBER 1, 2009 MAKING A PARTIAL PAYMENT AND REQUESTING
`ASSISTANCE FROM HFC FOR, EN TH EER WORDS - “A MUTUALLY ACCEPTABLE
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`PAYMENT ARRANGEMENT”, WHICH NEVER CAME AND WAS COMPLETELY iGNORED;
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`(B) LETTER OF NOVEMBER 15, 2009 AGALN MAKING A PARTEAL PAYMENT AND, ONCE
`MORE, ASKING FOR THE HFC PAYMENT OPTIONS IN WRETTNG THAT WOULD EET OUR
`BUDGET, BUT WHICH WERE NEVER PROVIDED OR ACKNOWLEDGED IN ANY WAY;
`(C) LETTER OF MAY 6, 2010 TO MS. MARGARET VAN LIERE OF HFC, RESPONDENG AS SHE
`HAD REQUESTED WITHIN TEN (10) DAYS SEEKTNG TO (AGAIN IN HER WORDS) “MAKE
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`SUITABLE PAYMENT ARRANGEMENTS”, WHZCH SHE NEVER RESPONDED TO AND
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`FOLLOWED UP BY SENDING 5T TO A THIRD PARTY FOR UNWARRANTED ACTION AND
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`HARRASSMENT IN CLEAR VIOLATION OF THE US. FAIR DEBT COLLECTIONS
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`PRACTICES ACT FAILING TO OBSERVE EVEN THE MOST BASIC DUE PROCESS RIGHTS
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`OF THE DEBTOR; AND
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`(D) CERTIFIED/REGISTERED LETTER OF JUNE 18,2010 TO CLIFF BABco*ck IN RESPONSE
`TO HIS PHONE CALL OF MAY 27, 2010 AND HIS LETTER OF THE SAME DAY OF MAY
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`27, 2010 IN WHICH | WAS SUPPOSED TO BE GIVEN THIRTY (30) DAYS TO RESPOND
`AND , IN FACT, MR.BABco*ck ILLEGALLY AND PREMATURELY FILED HTS LAWSUIT AND
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`COMPLAINT AGAINST ME THREE {3) DAYS LATER ON JUNE 1, 2010, IN CLEAR
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`VIOLATION OF THE US. FAIR DEBT COLLECTIONS PRACTICES , THE US. FAIR CREDIT
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`REPORTTNG ACT AND THE MOST BASIC OF THE RULES AND REGULATIONS
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`PROMULGATED BY THE US FEDERAL TRADE COMMISSION TO PROCTECT DEBTORS
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`AGATNST THESE VERY TYPES OF ABUSEVE ACTIONS BY CREDITORS AND THEIR THIRD
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`PARTY JUNK DEBT BUYERS/COLLECTORS.
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`3.
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`IN CLEAR VTOLATTON OF THE US FAIR DEBT COLLECTIONS PROTECTION ACT, NONE OF WHAT E
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`REQUESTED IN WRITING WAS EVER PROVIDED TNCLUDING, BUT CERTAINLY NOT LIMITED TO,
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`THE LACK OF ANY RESPONSE WHATSOEVER TO THE REQUEST THAT CLIFF BABco*ck PROVIDE
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`STMPLE VALTDATION AND VERIFICATION OF THE DEBT THEY SAID 1 OWED THEM AND MY
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`SiGNATURE VERIFYING AND LEGALIZING THIS SUPPOSED OBLIGATION THAT I HAVE TO THEM.
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`IN MAKING THIS REQUEST AND EN ALL OF THE OTHER INNUMERABLE VERBAL
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`COMMUNICATIONS I HAVE STRESSEULLY ENDURED IN THIS MATTER ON A DAILY AND
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`SOMETIMES TWICE A DAY BASiS, DID I EVER REFUSE TO PAY A VALIDATED DEBT THAT I OWED.
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`ADDITIONALLY, AS YOU CAN SEE FROM THESE ATTACHMENTS, NOT ONLY WERE THE ACTIONS
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`AND COMMUNICATIONS OF HOUSEHOLD FINANCE AND THEIR COLLECTION AGENT EN
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`VIOLATION OF THE TERMS, CONDITIONS AND REQUIREMENTS OF THE U.S.FA1R DEBT
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`COLLECTIONS PROTECTION ACT, BUT THEY WERE THOROUGHLY INDEFENSEBLE. AT NO TIME
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`DID I EVER RECEIVE ANYTHING FROM ANYONE VERIFYING ANY DEBT OWED, OR HOW THEY
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`ARRIVED AT THE AMOUNT THAT IS NOW BEING DEMANDED. THE FAIR DEBT PRACTICE ACT
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`REQUIRES THAT ALL COLLECTION EFFORTS CEASE, UNTIL A DISPUTED DEBT TS VALI DATED AND
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`THE INFORMATION REQUESTED BE SUPPLIED TO THE ALLEGED DEBTOR.
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`4. AS FURTHER EVIDENCE OF HOW AGGREGEOUS, STRESSFUL , DESRUPTIVE AND UNFAIR THIS
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`ENTIRE PROCESS HAS BEEN I WOULD CALL YOUR ATTENTION TO THE HFC LETTER OF MARCH 4,
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`2010, WHERE FOR THIS DiSPUTED ACCOUNT THAT THEY ESTABLISHED A $10,000 CREDIT LIMIT
`FOR, THEY OFFER TO SETTLE THE ENTIRE SORDED AFFAIR FOR $11,059.90 USING A TAX REFUND.
`WITH THE FEDERAL GOVERNMENT ACTUALLY DEMANDING MORE MONEY FROM US FOR THE
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`RETIREMENT ACCOUNTS WE WERE FORCED TO CASH IN TO CONTINUE TO LIVE AND SURVIVE,
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`AND RECOGNIZING THAT WE CANNOT EVEN PAY THE SEVERAL HUNDRED DOLLARS A MONTH
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`THAT HFC HAD RUN THE MONTHLY AMOUNTS UP TO ON THIS DISPUTED ACCOUNT THROUGH
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`THEIR MAXIMIZING OF THE INTEREST CHARGES, LATE FEES, AND OTHER PENALTIES AND
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`CHARGES THEY HAVE REGULARLY IMPOSED ON THIS ALLEGED BALANCE OWTNG, HOW DO THEY
`POSSIBLY AND REASONABLY THINK WE WOULD EVER COME DP WTTH MORE THAN $11,000 IN A
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`ONEwTiME ”SETTLEMENT PAYMENT” TO THEM. AS THE ONE AND ONLY THTNKTNG VOICE AND
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`MIND OF REASON IN THIS UNWARRANTED COMPLAINT, THE COURT MUST PUT AN END TO THIS
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`UNMERCIFUL AND UNWARRANTED HARRASSMENT BY DISMISSING THIS COMPLAINT
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`IMMEDIATELY AND PROMPTLY, PARTICULARLY IN VIEW OF THE FACT THAT HFC HAS ALREADY
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`RECEIVED MORE THAN $33,000 FOR THIS DISPUTED DEBT, WHICH IS MORE THAN THREE TIMES
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`THE AMOUNT THAT WAS EVER SUPPOSEDLY LOAN ED IN THIS MATTER.
`AS HONEST, HARDWORKING PEOPLE WITH A LARGE FAMILY TO SUPPORT IN THE MIDST OF A
`DEPRESSION, WE HAVE ALWAYS DONE EVERYTHING WE CAN TO PAY WHAT WE CAN ON ANY
`LEGITIMATE OBLIGATIONS AND REQUIREMENTS WE HAVE, INCLUDING, AS MENTIONED ABOVE,
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`MORE THAT $33,000 WE HAVE ACTUALLY PAID HOUSEHOLD FINANCE OVER THE LAST TWELVE
`PLUS YEARS {WHICH, AGAIN,
`IS MORE THAN THREE TIMES THE ORIGINALLY, AND ONLY,
`APPROVED CREDIT LIMIT ESTABLISHED BY HOUSEHOLD FINANCE), WHICH IS TRULY MORE THAN
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`WE CAN AFFORD TO PAY WITH OUR HOUSE IN JEOPARDY AND ALL OF OUR OTHER ASSETS
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`LIQUIDATED AND SOLD OVER THE LAST THREE YEARS (INCLUDING ALL OF OUR SAVINGS
`ACCOUNTS, LIFE INSURANCE MONIES AND RETIREMENT ACCOUNTS), SINCE I FIRST LOST MYIOB
`AND OUR FINANCIAL CIRc*msTANCES CHANGED DRAMATICALLY AS OUTLINED ABOVE. AS
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`SOON AS WE HIT ROCK BOTTOM FINANCIALLY OUR GOOD STANDING AND GREAT TRACK
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`RECORD WITH HOUSEHOLD FINANCE WERE COMPLETELY AND THOROUGHLY IGNORED ALONG
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`WITH MY DESCENDING ECONOMIC CIRMc*msTANCES. WHILE THE MONEY FROM
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`HOUSEHOLD FINANCE WAS USED OVER TIMETO HELP US DEAL WITH NOT ONLY THE LOSS OF
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`OUR FAMILY MEDICAL COVERAGE DUE TO UNEMPLOYMENT, BUT THE CARE AND, ULTIMATELY
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`BURIAL, OF MY TWO PARENTS AS THEY WENT THROUGH LONG LIFE ENDING ILLNESSES OF
`LEUKEMIA AND LUNG CANCER, THE ONLY RESPONSE I EVER RECEIVED FROM HOUSEHOLD
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`FINANCE WAS TO CONTINUE TO ESCALATE MY PENALTIES, FEES, LATE CHARGES AND INTEREST
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`CHARGES TO MAXIMIZE THE GROWING LIABILITY THAT THEY WERE IMPOSING ON ME IN THE
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`FACE OF MY CONTINUALLY DECREASING ABILITY TO PAY, WHICH I EXPRESSED TO THEM
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`REPEADTEDLY EVERY CHANCE I HAD. SPECIFICALLY, FOR EXAMPLE, ALTHOUGH I WOULD TRY
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`TO MAKE WHATEVER PAYMENT I COULD AFFORD EACH MONTH, THE NEXT STATEMENT WOULD
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`INEVITABLY HAVE AN EVER LARGER OUTSTANDING BALANCE AND MINIMUM PAYMENT THAT
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`WOULD VIRTUALLY GUARANTEE MAXIMUM PENALITIES, FEES AND CHARGES, AND, THEREBY,
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`GROWING THE DEBT TO THEN EARLY $16,000.00 THAT BABco*ck WRONGLY SAYS WE NOW
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`SUPPOSEDLY OWE HIM {A PRIVATE NON—HOUSEHOLD FINANCE DEBT COLLECTOR WHO, IT IS
`STRONGLY SUSPECTED AND BELIEVED, HAS BOUGHT TI-IE DEBT HOUSEHOLD FINANCE HAS
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`WRITTEN OFF AND REMOVED FROM THEIR BOOKS VOLUNTARILY TO COLLECT WHATEVER HE
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`CAN FORCE OUT OF US ILLEGITIMATELY IN THIS MATTER). SIMILARLY, I WOULD POINT OUT
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`AND HIGHLIGHT THE FRUSTRATION AND DIFFICULTY OF TRYING TO FIND OUT WHAT WAS
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`GOING ON WITH THE ACCOUNT WHEN WE PRO-ACTIVELY CALLED HOUSEHOLD FINANCE AND
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`HAD TO DEAL WITH AND COMMUNICATE WITH FOREIGN SPEAKING REPRESENTATIVES FROM
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`WHEREVER THE HOUSEHOLD FINANCE CREDIT CARD CALLING CENTER IS LOCATED (IOWA,
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`IN ADDITION TO THE CHALLENGE OF TRYING TO
`VIRGINIA, A FOREIGN COUNTY, ETC.)
`UNDERSTAND THEM AND GETTING THEM TO UNDERSTAND ME , THERE WAS ALSO VIRTUALLY
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`NO CONTINUITY IN WHAT ALL OF THESE DIFFERENT REPRESENTATIVES WERE SAYING ON
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`BEHALF OF HOUSEHOLD FINANCE. THIS IS SIMPLY HIGHLIGHTEDTO SHOW HOW IMPOSSIBLE IT
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`HAS BEEN TO VERBALLY TRY AND HANDLE THIS SITUATEON AND WHY WE CONTINUALLY ASKED
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`THAT SOMETHING BE PUT INTO WRITING. YOU WOULD CERTAIN LY EXPECT THAT A COMPANY
`AS LARGE AS HOUSEHOLD FiNANCE (AS WELL AS WHOEVER THEIR SUPPOSED PRIVATE DEBT
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`COLLECTORS ARE) COULD COMPLY WiTH THE BASIC REQUIREMENTS OF THE US. FAIR DEBT
`COLLECTIONS PROTECTION ACT AND EASILY PUT IN WRITING WHATEVER THEY WERE TELLING
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`US VERBALLY IF THEY GENUENELY WANTED TO RESOLVE THTS ISSUE AND PUT EN PLACE SOME
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`REASONABLE AND LOGICAL MONTHLY REPAYMENT PLAN THAT REFLECTED THE REALiTIES OF
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`OUR MONTHLY BUDGET DEFICIT.
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`AS IT DIRECTLY PERTAINS TO THIS UNSECURED LINE OF CREDIT THAT WAS VOLU NTARTLY GIVEN
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`BY HOUSEHOLD FINANCE , THERE WAS NEVER ANY KIND OF SECURITY OR ASSESTS OF ANY KIND
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`GIVEN AS COLLATERAL. MOREOVER, OUR GOOD FAITH IN MAKING PAYMENTS FOR MANY
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`YEARS (AND NEVER USING THE ACCOUNT FOR ANYTHING IN THE PAST SEVERAL YEARS) WAS
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`BASED ON MY INCOME OF OVER $100,000 A YEAR BEFORE i LOST MY TOP: AND THE DEPRESSION
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`HIT TAKING ALL OF THE GOOD PAYING IOBS WITH IT. HOUSEHOLD FINANCE DURING THIS
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`TIME MADE THOUSANDS OF DOLLARS WORTH OF INTEREST FROM US, AND CERTAINLY WHAT
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`THEY HAVE RECEIVED IN TOTAL FAR EXCEEDS THE AMOUNT MR. BABco*ck SAYS WE NOW OWE
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`HIM IN FULL, WHECH, BY ETSELF, IS ALSO MORE THAN $5,000 ABOVE AND BEYOND THE CREDIT
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`LIMIT THAT HIS CLIENT IMPOSED ACCORDING TO THE VERY SAME, DOCTORED/ALTERED EXHIBIT
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`HE PROVEDED TO THE COURT. MOREOVER, AS STATED TO ME BY AT LEAST THREE HOUSEHOLD
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`FINANCE REPRESENTATIVES (WHEN I CLEARLY DID NOT HAVE ANY ABILITY TO REPAY THIS
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`OBLIGATION TO HOUSEHOLD FINANCE UNDER THE UNREASONABLE TERMS AND CONDITIONS
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`THEY WERE DEMANDING IN THE FACE OF MY DIRE ECONOMIC CTRc*msTANCES) THEY, AGAEN,
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`IT APPEARS FROM ALL ENDECATEONS, ALTHOUGH THEY HAVE BEEN SO FAR UNWILLING TO
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`CONFIRM OUTRIG HT, VOLUNTARILY CHOSE TO "CLOSE MY ACCOUNT, TERMINATE ALL OF MY
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`MEMBER RIGHTS AND PRIVILEGES, WRETE MY DEBT OFF THEIR BOOKS, AND REFUSE TO DEAL
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`WiTH ME ANY FURTHER” (APPARENTLY SELLING THE DEBT TO AT LEAST ONE EXTERNALJUND
`DEBT BUYER FOR WHATEVER PERCENTAGES OR PENNIES ON THE DOLLAR MAY HAVE BEEN
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`EXCHANGED IN THE THIRD PARTY TRANSACTION, ALLOWENG THIS NON-HOUSEHOLD FENANCE
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`COLLECTION AGENT TO HARRASS AND EMBARRASS ME AND MY FAMILY TO COLLECT
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`WHATEVER THEY COULD SCARE ME INTO FORKING OVER TO THEM DIRECTLY .. NOT HOUSEHOLD
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`FENANCE).
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`ALTHOUGH WE COULD HAVE TAKEN THE EASY WAY OUT OF OUR ECONOMIC NIGHTMARE, LIKE
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`SO MANY MILLIONS OF OTHER AMERICANS, AND DECLARED BANKRUPTCY, BECAUSE OF OUR
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`FAITH AND COMMITMENT TO GOD, WE HAVE STRUGGLED TO DO THE RIGH T THING TO WORK
`AT WHATEVERJOBS WE COULD SECURE AND I AM STELL PURSUING AN ADITIONAL MINIMUM
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`WAGE TOB, BUT I AM OVER FIFTY FiVE YEARS OLD WITH LIMITED FUTUREJOB PROSPECTS TO
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`PAY ALL OF OUR BILLS AND OBLIGATIONS AS BEST WE CAN WHELE ALSO PROViDING FOR OUR
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`FAMILY AND THEIR BASEC NEEDS AND REQUIREMENTS , INCLUDING TWO SONS WHO HAVE LIFEw
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`LONG MEDICAL ILLNESSES (DIABETES AND CROHN’S DISEASE) THAT COST US, DIRECTLY, OVER
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`$200 EACH MONTH FOR REQUIRED MEDICINES AND MEDICAL SUPPLEES, EVEN THOUGH WE
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`FINALLY HAVE MEDICAL COVERAGE. PREVIOUSLY WE WERE PAYING OVER $1,000 MONTHLY
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`FOR COVERAGE THROUGH COBRA. WE DO NOT HAVE CABLE TV SERVICE EXCEPT FOR A
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`

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`HANDFUL OF LOCAL CHANELS, CELLPHONES OR COMPUTERS, AND WE LIVE VERY FRUGALLY
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`TRYING TO WATCH EVERY PENNY WE SPEND, AS FURTHER REFLECTED BY THE HISTORY OF THIS
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`HOUSEHOLD EINANCE ACCOUNT WHERE THE ON LY ACTEVITY OVER THE PAST SEVERAL YEARS
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`HAS BEEN MONTHLY PAYMENTS AND ZERO EXPENDITURES OR USEAGE OF THE ACCOUNT. WE,
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`CONSEQUENTLY, IMPLORE THE COURTS TO INTERJECT ON OUR BEHALF TO REASONABLY AND
`MORALLY BRING THIS HARRASSMENT TO A .ILISTIFIABLE END. ALLOWING AND ENABLING THESE
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`UNDOCUMENTED COLLECTIONS TACTICS TO DESTROY MY CREDIT AND DAMAGE MY ABILITY TO
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`SECURE AND MAINTAIN EVEN LOW»END EMPLOYMENT POSITIONS, IS CLEARLY NOT IN THE
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`BEST INTEREST OF ANY ONE AS WE STREVE TO GET BACK ON OUR FEET FINANCIALLY AND PAY
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`ALL OF OUR MONTHLY BILLS AND EXPENSES FOR JUST THE BASICS OF FOOD, UTILITIES AND
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`HOUSING, WHICH EXCEED OUR MONTHLY INCOME BY ON AVERAGE $1,000. TRYING TO GET
`"BLOOD OUT OF A TURNIP” IS A TREMENDOUSLY CONTERPRODUCTIVE WASTE OF THE COURT’S
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`TIME, PARTICULARLY IN THE FACE OF THE MANY DOCUMENTED AND UNLAWFUL ACTIVITIES OF
`BOTH THE PLAINTIFF AND THE PLAINTIFF’S ATTORNEY.
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`IN CONCLUSION, BASED ON THE FACT OF LAW THAT THE RULES IN PLACE TO GUIDE CREDITOR/DEBTOR
`RELATIONS APPLY TO ALL PARITIES TN THE MATTER, NOT IUST THE DEBTOR AND THAT THE UNLAWFUL
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`RULE BREAKING ACTIVITIES OF BOTH THE PLAENTIFF AND THE PLAINTIFF’S ATTORNEY ARE MORE THAN
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`SUFFICIENT AND COMPELLING GROUNDS FOR THE COURT TO RENDER THIS COMPLAINT NULL AND VOID
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`ON THE MERITS OF THE OVERHWHELMING EVIDENCE PRESENTED HEREIN. AGAIN, BASED ON THE
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`FACTS OF THIS MATTER AS THEY HAVE BEEN FULLY AND COMPLETELY OUTLINED AND PROVIDED IN THE
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`ABOVE AND IN THE ATTACHMENTS, THIS MATTER SHOULD BE PROMPTLY DISMISSED. THE COURT IS
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`THEREFORE ASKED TO DISMISS THIS COMPLAINT AND TERMINATE THIS UN NECESSARY AND
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`UNWARRANTED HARRASSMENT BY THIS COLLECTIONS AGENT ALLEGEDLY SERVING FOR THE RECORD AS
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`THE ATTORNEY FOR THE PLAINTIFF. THE COURTS IMMEDIATE ACTION TO DISMISS IS BOTH
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`APPROPRIATE AND NECESSARY TO ENSURE COMPLIANCE WETH THE TERMS, CONDITIONS AND
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`REQUIREMENTS OF THE US. FAIR DEBT COLLECTIONS PRACTICES ACT ADOPTED BY CONGRESS AND
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`SIGNED BY THE PRESIDENT OF THE UNITED STATES OF AMERICA TO PREVENT THE TYPE OF ACTIVITY
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`THAT HAS BEEN UNDERTAKEN BY THE DEBT COLLECTOR OF RECORD IN THIS COMPLAINT. THANK YOU
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`VERY MUCH FOR YOUR CONSIDERATION AND ACTION.
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`W w“ 9%
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`
`AMES W. PIERCE
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`SIGNED, DELIVERED TO AND SEALED BY THE
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`COURT ON THIS 215"r DAY OF JUNE 2010
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`CC. CLIFF BABco*ck, 55 PUBLIC SQUARE, SUETE 700, CLEVELAND, OHIO 44113
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`