Subject: RE: Vinson Complaint, conversation with Alane Beckett The key question she asked was where did you come up with your facts. You have her attention. As to her allegations, it is true that in some of the credit card securitizations the receivables are securitized to a performing trust and the originator retains ownership of the accounts. This allows the originator to control the right to change terms and conditions, such as increasing the interest rate. However, once the account becomes non-performing all rights of ownership are sold to the non-performing trust pursuant to the Forward Flow Agreements. O. Max Gardner III Law Offices of O. Max Gardner III, P.C. Federal Debt Relief Agency Consumer Protection Unit PO Box 1000 Shelby NC 28151-1000 704.487.0616 (v) 704.418.2628 (c) 888.870.1647(f) maxgardner@maxgardner.com omaxgardner@yahoo.com http://www.maxgardnerlaw.com Max Gardner's 2007 Bankruptcy Boot Camps http://www.maxbankruptcybootcamp.com Max Gardner's Bankruptcy Boot Camp BLOG: http://www.maxbankruptcybootcamp.com/blog Member National Association of Consumer Bankruptcy Attorneys (NACBA) We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws. We assist people with finding solutions to their debt problems, including, where appropriate, assisting them with the filing of petitions for relief under the United States Bankruptcy Code. -----Original Message----- From: Jim Haller [mailto:jhaller@tbcwam.com] Sent: Monday, January 22, 2007 11:03 AM To: O. Max Gardner III Cc: Bill Mueller Subject: Vinson Complaint, conversation with Alane Beckett Max, Well, I had my first conversation with Alane this morning. Guess I probably should have addressed the letter to Ms. Alane Beckett instead of Mr. Alane Beckett. While she won't admit that this MBNA account was ever securitized, she thinks if it was, it wouldn't make any difference. She said that in general, credit card companies only transfer their receivables to a securitized trust and keep the legal ownership of the account. Therefore any future transfer would be appropriate from MBNA and not the trust. I told her that if she sold her right to receive payments to me, that would indicate that to me that I was the owner of the obligation. She of course disagrees. Do you have any thoughts on this? I asked her for a copy of the securitized trust agreement (if there is one-she says she is not sure one way or another) and a copy of the forward flow agreement to eCAST. She said I couldn't have them based on confidentiality. She is going to be emailing me some information later this week. She was also fishing around trying to find out where I came up with my facts. Told her that part of it was from the internet, her POC and transfer and other sources I wasn't going to disclose. Jim Haller Attorney at Law Law Offices of Mueller & Haller, L.L.C. 5312 West Main Street Belleville Illinois 62226 618-236-7000 618-236-7002 - fax Member National Association of Consumer Bankruptcy Attorneys (NACBA) We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws. We assist people with finding solutions to their debt problems, including, where appropriate, assisting them with the filing of petitions for relief under the United States Bankruptcy Code. This Email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 and is legally privileged. The information contained in this Email is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the Sendee, please destroy the email after advising by reply that you erroneously received this. The information contained in this message is attorney-client privileged and confidential information intended exclusively for the use of the client/s of James J. Haller and The Law Offices of Mueller and Haller L.L.C. The receipt by anyone other than the designated recipient does not waive the attorney-client privilege, nor will it constitute a waiver of the work-product doctrine. The Missouri Bar Disciplinary Counsel requires all Missouri lawyers to notify all recipients of e-mail that (1) e-mail communication is not a secure method of communication, (2) any e-mail that is sent to you or by you may be copied and held by various computers it passes through as it goes from me to you, or vice versa, (3) persons not participating in our communication may intercept our communications by improperly accessing your computer or my computer or even some computer unconnected to either of us which the e-mail passed through. I am communicating to you via e-mail because you have consented to receive communications via this medium. If you change your mind and want future communications to be sent in a different fashion, please let me know AT ONCE. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.