Written Response from Daniel M Rosenblum, receiving mails at PO Box 3377 NY NY 10163, regarding US Dept of Education Account Number 1021981006 letter dated April 16 2015, alleging default by DMR on total balances of $131 ,083.05 (Principal Balance $120,287.28 Interest $10,795.77) plus $49,460.41 (Principal balance $45,733.88 Interest $3,726.53). The DOE 4/16/2015 letter(s) signed by Dwight Vigna of US DOE states DMR should make checks payable to: U.S. DEPARTMENT OF EDUCATION and SEND PAYMENT TO: US DEPARTMENT OF EDUCATION NATIONAL PAYMENT CENTER PO BOX 105028 ATLANTA GA 30348-5028 for USDOE debts 24295148, 24295156, 24295153, 24295157, 24295151, 24302224, 24302229, 24295159, 24295164, 24302228, 24304133, 24304137. Here are copies of the letter(s):
This letter also responds to alleged debt by DMR for any other debt listed in the name of DMR listed on NSLDS, DOE, NYHESC presently, which can be viewed in a rendition of accounts filed at NY State Supreme on ____ and available on webpage _____
NYHESC should cease and desist from Wage Garnishment mechanism in full portfolio of accounts immediately.
NYHESC should cease and desist from Wage Garnishment mechanism as it pertains to the person of Daniel M Rosenblum immediately.
NYHESC should cease and desist from Wage Garnishment mechanism as it pertains to the person of Daniel M Rosenblum immediately, and, immediately refund to DMR monies garnished to date, plus interest.
DMR alleges scienter can be deemed to exist on the part of DOE in possession of funds possessed by virtue of misappropriation from custodian of such funds, and, owner of such funds, when DOE or NYHESC has appropriated such funds through garnish of wages with Due Process commensurate to such appropriation of funds throughh custodian.
- once knowledge of manipulative flaw is established if the parties do not quit such action of larceny by fraud built into the system which purports to qualify as just adjudication through due process. The party here has represented to Congress that it has developed an administrative system which is adequate as substitute for a Court of General Jurisdiction, and, the party here performs all contracts to be so adjudicated . Here, payments made to call centers presently where such call centers do not affirm per individual with indubitable certainty that during a several year period of servicing loan, servicer has not been party to any uteerance from the adverse party which utterance should be deemed a defense in contract but thereafter DOE or NYHESC garnished wages upon belief that adverse party had failed to put forth defense therefore conducted no on the record administrative evaluation bearing in mind the alleged defense, and proceeded without trial or inquiry or expectation of joinder issue. This, with the expectation that the full portfolio of accounts could not possibly have any record whatsoever of the several year term of utterances, including such utterances at the processing of deferments and other legal mechanisms by call centers entrusted to uphold during performance all facets of contract, which, in turn, is the contract Sallie Mae Navient ACS provide to NYHESC or USDOE as proof that there has been no record of such utterance due to the manner in which DOE has structured the contract and acceptable operational policies which comport with performance of such contractual requisites.
2015 Documents begin December 2014/AFFIDAVITOFSERVICE/AffidavitofServicePresidentsDay2015.php
NYSCEF_Certificate_of_Signature_Amex_v_Rosenblum_Suffolk_NY_12032014_Affidavit.pdf
NYSupreme_Manhattan_PaperFiling_Amex_v_Rosenblum_04152015_for_12032015Affidavit.pdf
NYSCEF_Certificate_of_Signature_Amex_v_Rosenblum_Suffolk_NY_12032014_Affidavitxxxxxx
Public Notice Published President's Day Monday February 16 2015
C:\Users\Dan Rosenblum\Documents\2015 Documents begin December 2014\2015NYSCEFfilingbeginMarch232015\April15201560CentreFiling
C:\Users\Dan Rosenblum\Pictures\april 15 2015 60 centre street
Privacy Impact Assessment For Debt Management and Collection System (DMCS) Date: June 30, 2014
Point of Contact: Consuelo Johnson Consuelo.Johnson@ed.gov System Owner: Keith Wilson Keith.Wilson@ed.gov
http://ifap.ed.gov/presentations/attachments/04EACSession09.pdf
2009
2. Why is this information being collected? All information received from the Department is used for the sole purpose of contacting the consumer and collecting owed funds on behalf of the Department of Education. NCO Financial Systems will utilize the information to (1) Facilitate the repayment of the loan, and (2) Identify the current status of the borrower.
4. Will this information be shared with any other agency or entity? If so, with which agency or agencies/entities? Relevant information will be shared with NCO’s dedicated software providers, credit history providers, letter printing providers and data scrubbing providers: - Ontario Systems LLC: Muncie, Indiana 3rd Party software supplier of Collections Systems Software (FACS), Supplies core application code and enhancements - First Data Resources: Denver, Colorado, 3rd Party "data scrubbing" - TransUnion: Chicago, IL., 3rd party Credit Reporting - PSC Info Group: Oaks, PA., 3rd party print and mail solutions - Lexus Nexus: Miamisburg, Ohio, 3rd Party "data scrubbing" Privacy Impact Assessment FEDERAL STUDENT AID (FSA) PRIVATE COLLECTION AGENCY NCO Financial Systems 20 March 2009 page 3 US Department of Education - Corporation: St. Louis, Missouri, verify employment - Central Research: Lowell, AR, gather/verify incarceration information.
http://www2.ed.gov/notices/pia/pia-nco-031909.pdf
Posted Date: May 31, 2012
Subject: Privacy Act of 1974, as Amended; Renewal of Computer Matching Program Between the U.S. Department of Education and the Internal Revenue Service.FR Type: Notice[Federal Register Volume 77, Number 105 (Thursday, May 31, 2012)] [Notices][Pages 32085-32086] From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 2012-13105] <http://ifap.ed.gov/fregisters/FR053112ComputerMatchIRSED.html>
27
And http://www2.ed.gov/about/offices/list/ogc/ogcethics.html
UNITED STATES DEPARTMENT OF EDUCATION OFFICE OF INSPECTOR GENERAL AUDIT SERVICES May 8, 2013 FINAL ALERT MEMORANDUM To: James W. Runcie Chief Operating Officer Federal Student Aid From: Patrick J. Howard /s/ Assistant Inspector General for Audit Subject: Verbal Complaints Against Private Collection Agencies Control Number ED-OIG/L06M0012
http://www2.ed.gov/about/offices/list/oig/auditreports/fy2013/l06m0012.pdf
Handling of Borrower Complaints Against Private Collection Agencies FINAL AUDIT REPORT ED-OIG/A06M0012 July 2014
http://www2.ed.gov/about/offices/list/oig/auditreports/fy2014/a06m0012.pdf
Paragraph:
¶ system built by contract; requisites and performance of contract relied upon in several ways by agency, and/or BHC , and, in dispute, by courts. Cite part in Amex v Dan
¶accountability in person with official responibilities of office associated with such commercial activity, for example, Dwight Vigna. The deliberate operational decisions are made following extensive career {insert recommendation/experience from LinkedIn.} Anyone in such office is purportedly in the Office with knowledge of responsibility in commerce to facilitate "just results" in Operational Policy as a whole. There are rewards associated with having risen to the experience to handle such office- the appointment o the position or the rise to such office does not reward such individual given the manner by which the position can be manipulated; the appropriate rewards and honors associated with such elevated corporate or public office come at a price- and the full benefit is due only if the entity functions appropriately in the market, including at the nexus to the public, and the justice system.
For example, in DOE department ENB:
ENB Business Operations
ENB |
Chief Business Operations Officer, William Leith |
|
111I1 |
UCP |
5138 |
377-3676 |
ENB |
Chief of Staff, Tim Branner |
|
111G5 |
UCP |
5138 |
377-4012 |
ENBG |
Program Management Services Group, Sue O’Flaherty |
|
64E1 |
UCP |
5453 |
377-3393 |
ENBG2 |
Default Division, Dwight Vigna |
|
41F2 |
UCP |
5320 |
377-3436 |
¶ the
¶
Mr. Vigna as ENBG2 has signed the HE2142-BV (07/2-014) for a variety of reasons, states here June 15 2015.
¶ In one very strong regard, Mr. Vigna signs the HE2142-BV (07/2-014) so that DOE can affirm to IRS and DOJ that Notice has been given. Thereafter, if DOE does not receive an item of record from contractee within 60 days, DOE will assert "right" of wage garnish or IRS offset etc, plus, will make adverse reports to CRA. However, Mr. Vigna's signature, in the ENGBG2 Office at the US Department of Education must also assert positive knowledge that in fact DOE is indubitably knowledgea ble that contractee has not put forth defenses to allegation of breach of contract in a Court of General Jurisdiction, be it State or Federal, subject to Rules of Evidence, Discovery, Issues of Joinder, Statutes of Limitations, Rules of Civil Procedure
¶ The contracts listed below should in fact allocate funds to a system of public case adjudications on defaults in the Educational Loan Market, and or any related subject matter, at a click of a button, as if any member of the public had walked into the appropriate court of general jurisdiction's library.
{see also Vigna Las Vegas presentation}
¶
¶Current Wages of Daniel M Rosenblum, include all expenses, include accounting of effect on garnishment at current wages, and, of additional from DOE. Statement that but for instant DMR inquiry, none of data put on record by DMR during 60 day period following Dwight Virgil
Search Private Collection Agency Contracts:
Search Private Collection Agency Contracts:
Windham Professionals, Inc.
ED-FSA-09-0-0021
Base Contract
President and CEO Erin WS Zaldastani 2009 $ 1 .00 contract
Search Private Collection Agency Contracts:
West Asset Management, Inc.
ED-FSA-09-0-0019
Base Contract
See Wage Determination |
Attachment B |
The CBE Group, Inc.
ED-FSA-09-0-0018
Base Contract
President CEO Thomas Penaluna 4/7/2009
Progressive
ED-FSA-09-0-0017
Base Contract
Robert J. Pres CEO 4/7/2009
Premiere Credit of North America, LLC
ED-FSA-09-0-0016
Base Contract
Pioneer Credit Recovery, Inc.
ED-FSA-09-0-0015
Base Contract
Van Ru Credit Corporation
ED-FSA-09-0-0007
Base Contract
National Recovery Contract Page 41:
"Prepare Eligible Cases for administrative resolution"
Private Collection Agency Task Order No. ED-FSA-09-0-0025
Task Order No. ED-FSA-09-0-o025
1.1 INTRODUCTION
Attachment A - Statement Qj Work Private Sector Collection Activity For Student Related Debts
The U.S. Department of Education (ED), Federal Student Aid, performs collection and administrative
resolution activities on debts resulting from non-payment of student loans made under the Federal Family Education Loan (FFEL) Program: Stafford Loans (formerly the Guaranteed Student Loan Program and including Federally Insured Student Loans), Supplemental Loans for Students, PLUS Loans (formerly
Parental Loans for Undergraduate Students), and Consolidation Loans; the William D. Ford Federal Direct Student Loan (Direct Loan) Program (formerly known as the Federal Direct Student Loan Program): Federal Direct StaffordIFord Loan Program, Federal Direct Unsubsidized StaffordIFord Loan Program, Federal Direct Consolidation Loan, and Federal Direct Plus Loans; and Federal Perkins Loans (formerly National Direct/Defense Student Loans). ED conducts similar collection and administrative resolution activities on debts resulting from a student's failure to fulfill grant requirements under the Pell Grant Program, the Supplemental Educational Opportunity Grant Program, the Academic Competitiveness Grant (ACG) and the National Science and Mathematics Access to Retain Talent (National SMART) grant. [Background information on each of these programs may be found in the website library http://fsacollections; or at http://ifap.ed.gov.]
Document begins with Section B...
{{
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
B.l GENERAL
This Task Order is issued in accordance with the General Services Administration's (GSA)
Financial and Business Solutions (F ABS) Schedule under Special Item Number (SIN) 520-4 for
private collection services.
B.2 TYPE OF CONTRACT
This is a Performance-Based, Firm Fixed Price Task Order award, with provisions for pricing
arrangements.
B.3 ORDERING PERIODS
The first Ordering Period for the Task Orders will be from July 1,2009 (the effective date)
through twenty-four (24) months, with multiple, optional ordering periods. The total Ordering
Period, excluding any award term(s) earned, will not exceed 60 months from the date of initial
data transfer, or October 22,2009. This is not a multiyear contract as defmed in FAR 17.1 .
I) In addition, each contractor shall continue to work on accounts it retains during the InRepayment
Retention Period. Upon expiration of the Ordering Period(s) of this Task
Order, the in-repayment retention period will begin. If the Government exercises one or more
Optional Ordering Periods, the In-Repayment Retention Period shall begin subsequent to the
last Optional Ordering Period exercised. The in-repayment retention period will run for
twenty-four (24) months, except that upon return, recall or transfer of all accounts from this
Task Order, the in-repayment retention period will end. During the in-repayment retention
period, the Contractor may retain, except as provided in paragraph (3) below, accounts that
remain in repayment in accordance with the SOW. No transfer of accounts to the Contractor
will occur during the in-repayment retention period.
2) Prior Private Collection Agency (PCA) Task Orders-
}}
{{
National Recovery Contract Page 41:
"Prepare Eligible Cases for administrative resolution"
Private Collection Agency Task Order No. ED-FSA-09-0-0025
"
• Prepare eligible cases for administrative resolution, Administrative Wage Garnishment (AWG) and
litigation, based on the criteria in the Task Order, and meet established goals set by ED. The
Contractor shall be responsible for obtaining documentation in accordance with administrative
resolution procedures [as outlined in the Procedures Manual], or as requested by ED, and the
forwarding of all such materials upon request."
}}
Here, importantly, relying on the operator in the Philipines whose auto dialer happened to call the party to a contract during the time period that the issue at bar is not "stale" - here, utilizing the word 'stale' in the legal context used by DOE when seeking to justify why it is that the 60 day period following the Notice from DOE time bars litigation on the Garnishment effectuated following such 60 day period which follows, allegedly by DMR, 100 such 60 day periods wherein Notice by party to contract DMR has been given to DOE regarding fact of non-payment and related issues such as non-enforceablility of contract.
DMR states that DOE has demonstrated inability to build system which upholds rights of parties to contract, should cease and desist from avoidance of Courts of General Jurisdiction for dispute of contract, including allegations of non-payment and/or default. Note in addition that the Notice of Default states feasible increase of 25% of principal in collection costs. Such revenues should be, where meritorious, revenues associated with the State and Federal Judicial systems if indeed the task at hand in to actually adjudicate non performance on contract in the US Economy. The DOE should cease and desist in payments on contract resulting in illegality immediately. The call centers utilized by the Processors in the Student Loan market deserve no revenues from Student Loan Market and DOE should cease and desist from provision of revenues from adjudications and garnishments to such Call Centers which cannot make the affirmation that systems are designed to make of record information received by such processor verbally and digitally which information responds to Paragraph ____ of National Recoveries Contract during the time period that National Recoveries is purportedly fulfilling the performance requirements of the Omnibus Contract here cited. In the Case of DMR, it appears that presently DOE would assume DMR had not previously presented defenses on contract et al if DMR were not to respond to the Dwight Virgil April 16 2015 materials sent with signature to PO Box 3377 NY NY 10163.
NCO
ED-FSA-09-0-0014
Base Contract
SVP Michael Noah
National Recoveries
ED-FSA-09-0-0025
Base Contract
https://studentaid.ed.gov/sa/about/data-center/business-info/contracts/collection-agency#national>
Steven Cundiff CEO 4-07-2009
Immediate Credit Recovery Inc.
ED-FSA-09-0-0024
Base Contract
Felipe Yanes CEO March 26 2009, april 7 2009 Mike Wisher Contracting Officer
GC Services
ED-FSA-09-0-0012
Base Contract
Linda Spellicy, Mike Wisher
FMS Investment Corp
ED-FSA-09-0-0011
Base Contract
Balaji Rajan Mike Wisher
Financial Asset Management Systems, Inc. (FAMS)
ED-FSA-09-0-0010
Base Contract
Jenny Hozar ?? MW ?
Enterprise Recovery Systems, Inc.
ED-FSA-09-0-0020
Base Contract
Performant
formerly known as Diversified
ED-FSA-09-0-0009
Base Contract
Lisa Im CEO
Delta Management Associates, Inc.
ED-FSA-09-0-0023
Base Contract
Christopher Riordan CEO April 2009
Con Serve
ED-FSA-09-0-0004
Base Contract
Mark Davitt CEO
Collecto, Inc. dba Collection Company of America (EOS)
ED-FSA-09-0-0007
Base Contract
https://studentaid.ed.gov/sa/about/data-center/business-info/contracts/collection-agency#collecto
Collection Technology, Inc.
ED-FSA-09-0-0008
Base Contract
Coast Professional, Inc.
ED-FSA-09-0-0022
Base Contract
Iqor
Formerly known as Allied
ED-FSA-09-0-0013
Base Contract
Account Control Technology, Inc.
ED-FSA-09-0-0005
Base Contract
NOTE:
OIG re NCO and NYHESC
http://www2.ed.gov/about/offices/list/oig/invtreports/ny082005.html
UNITED STATES v. BARBARA SZCZUBLEWSKI
Acting United States Attorney Kathleen M. Mehltretter announced that Barbara Szczublewski, 43, of Lancaster, New York, was sentenced yesterday by United States District Judge William M. Skretny to three months home detention, four years probation and ordered to make restitution in the amount of $25,394.
Assistant U.S. Attorney Gregory L. Brown stated that on April 6, 2005, Szczublewski pled guilty to participating in a scheme that falsely consolidated $3.8 million in defaulted federal student loans and in doing so, earned bonus compensation from her employer, NCO Financial Systems, Inc, (NCO), located in Getzville, New York.
Pasted from <http://www2.ed.gov/about/offices/list/oig/invtreports/ny082005.html>
UNITED STATES v. BARBARA SZCZUBLEWSKI
Acting United States Attorney Kathleen M. Mehltretter announced that Barbara Szczublewski, 43, of Lancaster, New York, was sentenced yesterday by United States District Judge William M. Skretny to three months home detention, four years probation and ordered to make restitution in the amount of $25,394.
Assistant U.S. Attorney Gregory L. Brown stated that on April 6, 2005, Szczublewski pled guilty to participating in a scheme that falsely consolidated $3.8 million in defaulted federal student loans and in doing so, earned bonus compensation from her employer, NCO Financial Systems, Inc, (NCO), located in Getzville, New York.
Pasted from <http://www2.ed.gov/about/offices/list/oig/invtreports/ny082005.html>
Privacy Impact Assessment for the BFrame Collection System (PCA-BCS) Providing Private Collection Agency Services on behalf of the: US Department of Education Federal Student Aid
http://www2.ed.gov/notices/pia/pia-bframe-063009.pdf