---

Kære NG.

Som opfølgning på min tidligere henvendelse i NG Jura, vil jeg høre, om mit
svar til USAFIS ser fornuftigt ud. Svaret følger i store træk den anbefaling
og rådgivning, jeg modtog fra Forbrugerstyrelsen. Håber, jeg har fortolket
samtalen med Forbrugerstyrelsen rigtig og gengivet dette korrekt i emailen.

Til orientering skal jeg sende besvare henvendelsen fra USAFIS i aften - med
mindre jeg stiltiende accepterer deres krav. Stiltiende accept er - så vidt
jeg ved - dog ikke mulig i fht. dansk lovgivning. Men bare for at være på
den sikre side, vil jeg gerne sende et nøgternt svar til dem.

Skulle en på NG Jura have interesse og lyst til at kommentere min email til
USAFIS, vil det glæde mig meget! Pft.

Mvh
Jakob Overgaard

PS: Jeg har sløret mit application number i NG Jura med "X".
PPS: Jeg er bevidst om, at evt. sparring fra NG Jura på denne email ikke
nødvendigvis er det samme som juridisk rådgivning :)

- - - - email til USAFIS - - - -

Dear Dan Gold, Usafis Organization Agent, Legal Department.



Please, remember that any lawsuit against me must be carried out according
to Danish law on Danish ground.



The situation has been assessed by a team of Danish lawyers and the National
Counsel of Consumer Rights. According to Danish law and the law regarding
trade on the internet, it's legitimate to cancel the transaction and carry
out a credit claim within three months of initial contact (and by that: The
right of the consumer to cancel any incompleted and completed purchase made
abroad).



Furthermore, according to Danish law, it's possible to ague that your
service of a) filling out the Green Card application and b) submitting it
according to US State Law on my behalf have not been rendered. Additionally,
USAFIS can not claim to have rendered any services to me based upon an
incomplete application/ information. Therefore, as I have made a credit
claim due to lack of service and understanding by USAFIS, this fulfils the
conditions by Danish Law and strengthens my right to make the credit claim.
This implies, too, that I have disqualified myself, automatically, from
making a demand for any given service offered by the USAFIS Organisation.
These circumstances correspond with both your English and Danish version of
Terms of Agreement and FAQ, ever since the date of initial contact -
concluding that I have acted in good faith (i.e. Danish Law of Consumer
Rights).



Hence, given the above mentioned observations, the assumed dept of 59$ is
not valid. The conditions are not met by the USAFIS Organisation according
to Danish Law - neither for filing a lawsuit against me, seeking a mutual
agreement or notifying a credit reporting agency/ a local collection agency.



Though, you are welcome to contact me, I consider this case to be closed.
Please note, that any future enquiries made by either the USAFIS
Organisation or agencies regarding the assumed and invalid debt of 59$ (or
proclaimed expenditures) will not be considered liable.



Sincerely,

Jakob Overgaard





-----Original Message-----

From: goldd@usafis.org [mailto:goldd@usafis.org]

Sent: 12. oktober 2004 15:40

To: jakob.overgaard@mail.dk

Subject: Payment Demand



COPY OF CERTIFIED MAIL SENT BY

GREEN CARD VISA / DSNR



On behalf of

USAFIS ORGANIZATION

2565 BROADWAY # 443

NEW YORK NY 10025

United States

Phone: +1-347-710-4565

Fax: +1-214-722-0696



Tuesday, October 12, 2004

On behalf of USAFIS ORGANIZATION



Jakob Kristian Overgaard

Stensballe Strandvej 14

Horsens DK-8700



Denmark







REFERENCE

Service Rendered: Green Card Lottery Application

Card Last 4 digits: 1042

Card Holder: Jakob Overgaard

Submitted (USA EST): 8/2/2004 6:09:00 PM

Transaction Value / Balance Due: US$59 / US$59

Application Number: XXXX







Dear Sir/Madam,



We are writing to you regarding a credit card claim you have made to a
transaction conducted with Usafis Organization online business for the
services rendered to you - Application for the American Green Card Lottery
participation.



The previous efforts of Usafis Organization in soliciting you have proven
unsuccessful. We suggest you contact your attorney at once concerning your
legal liability concerning the above referenced debt.



If you fail to notify Usafis Organization of any dispute regarding the
validity of this debt within fourteen (14) days from receipt of this letter,
Usafis Organization will assume this debt is valid, and may notify a credit
reporting agency of the debt delinquency, place the debt with a local
collection agency and/or take legal action to collect the debt.



If any such legal action is taken and results in judgment against you, a
writ of execution may be issued against your attachable assets. Any legal
action taken may result in additional expenses, including service of process
and other court costs, thereby increasing your debt and overall financial
obligation. In addition, if Usafis Organization needs to resort to legal
action to collect this debt, a request will be made that you be held liable
for all such attorney's fees incurred.



In order to prevent the foregoing action, you must contact Usafis
Organization within fourteen (14) days from the date of this letter to make
arrangements for the immediate payment of this debt.



If you will not remove your credit claim immediately, as well as notify
Usafis Organization via regular mail to the address given above, Usafis
Organization shell claim its legal rights and persuade all monies owed by
you under the service agreement as well as any additional fees Usafis
Organization might incur due to the handling of your case, non limited to
legal fees, mailing fees and fees paid to a collection agency abroad.



In the event that you have removed your claim, Usafis Organization will stop
all legal processing against you in connection to this transaction.



Sincerely,

Dan Gold,

goldd@usafis.org

GREEN CARD VISA / DSNR

Usafis Organization Agent

Legal Department

---

FYI: Emailen blev sendt til USAFIS i en lidt revideret udgave. Nedenstående
er copy-paste.

Håber, at andre ikke begår samme fejltagelse, som jeg.

Jeg modtager og besvarer gerne spørgsmål relatereret til USAFIS, hvis det er
aktuelt for nogle af NG Jura's læsere. Tak for den forståelse og hjælp, jeg
har modtaget fra denne nyehdsgruppe. Tak!

Fortsat god aften :D

Mvh
Jakob

Dear Dan Gold, Usafis Organization Agent, Legal Department.

Please, remember that any lawsuit against me must be carried out according
to Danish law on Danish ground.

The case has been assessed by a team of Danish lawyers and the National
Counsel of Consumer Rights. According to Danish law and the law regarding
trade on the internet, it's legitimate to cancel the transaction and carry
out a credit claim within three months of initial contact (and by that: The
right of the consumer to cancel any incompleted and completed purchase made
abroad).

Furthermore, according to Danish law, it's possible to argue that your
services of a) filling out the Green Card application and b) submitting it
according to US State Law have not been rendered. USAFIS can not claim to
have rendered any services to me based upon an incomplete application/
information. Additionally, considering the amount of requests send to you
asking for i.e. specific qualitative information on completing the
application process, USAFIS has answered every request with standard and
non-applicable information. This interprets to be a repeated and deliberate
attempt to either mislead or avoid delivery of services to the customer. In
either case, the interpretation is not beneficial for the USAFIS
Organisation in the court of law.

Therefore, as I have made a credit claim due to lack of service and
understanding by USAFIS, it fulfils the conditions by Danish Law and
strengthens my right to make the credit claim. This implies, too, that I
have disqualified myself, automatically, from making a demand for any given
service offered by the USAFIS Organisation. These circumstances correspond
well with both your English and Danish version of Terms of Agreement and
FAQ. Though, you preserve the right to change these terms, the information
has qualitatively been consistent since the date of initial contact -
concluding that I have acted in good faith (i.e. Danish Law of Consumer
Rights).

Hence, given the above mentioned observations, the assumed dept of 59$ is
not valid. The conditions are not met by the USAFIS Organisation according
to Danish Law - neither for filing a lawsuit against me, seeking a mutual
agreement or notifying any credit reporting agency/ any local collection
agency. Future enquiries made by either the USAFIS Organisation or agencies
regarding the assumed and invalid debt of 59$ (incl. any expenditures
incurred) will not be considered liable.

I hereby consider the case to be closed.

Sincerely,

Jakob Overgaard