Scott M. Huber
34 S. Washington St.
Naperville, Illinois 60540
November 17, 1993
David Bast
Kroehler Branch Executive
Naperville Y. M. C. A.
Dave:
Here is a synopsis of my circumstances and projections as you requested:
1) As you will note on the breakdown of payments for 1993 thus far, there are
substantial payments minimally covering two weeks and as much as five weeks at a
time on, for the most part, a monthly basis which up to this point seemed to be
an amicable arrangement with you.
2) Due to a convergence of especially negative circumstances this year, and
especially the last two to three months, the deficit has been caused to increase
rather than decrease. However, you will note that at least four times this year I
met or exceeded the monthly requirement and on the other dates I paid at least
two weeks or more on a monthly basis.
3) The main set backs in my payments to you are circumstances beyond my control,
for instance those that come to mind at this time:
a) In May of this year my electronics service business suffered a very severe
setback due to a dead market response, i.e. almost no business leads and resultantly
almost no revenues. Having checked around with other colleagues, distributors
and the like in this industry, I found out that the market had gone flat not just
for me but for the majority in the electronics service and distribution business
industry. As you will note there was no payment made to the Y.M.C.A. in May by
direct result. Mid January and through February was also a similar circumstance.
b) In August I was caught up in two major circumstances......
(Editor Note:
Due to file corruption on the disk on which this letter was stored a few sentences
of this letter are missing. As it stands right now until my access rights and the
like to my storage, files and property are restored to me I will not be able to
accurately fill in the information!
During this time I lost the use of my vehicle due a fire that incinerated it
rendering it unusable and non-repairable apparently due to an overheated transmission.
I probably related that circumstance here with the second circumstance of which I
do not recall at this time but may have been the customer service interruption
noted below!)
......This caused a major
debilitation in my facilitating my customer base and thus delayed my financial
circumstances "across the board". I have since facilitated public transportation
so to meet my consuming public and financial obligations as best as possible. As
you know, to coordinate with an already volatile schedule and additionally
coordinate with a public transportation schedule is very tricky and difficult.
Same scheduling and coordination has taken some time with which to get efficient.
The third major circumstance that has occurred is the immediate demand of
liquidation and payment of another creditor from which I rent storage for the bulk
of my business circumstances. The bulk of the contents belong to my creditors
and have been loaned to me with trust in me to care properly for same. I had to
close down my business the early part of October for the purpose of liquidating
and eliminating excess material and obsolete material that has accumulated in
excess of 13 years so to get my cash outlay to a minimum or greatly reduced and so
to prevent the total destruction and loss of those properties stored. I not only
was required to reduce my storage but also had to come up with a substantial
amount of money so to quell destruction of my remaining property and prevent court
action which would force me into a Chapter Seven bankruptcy. Due to no income for
approximately 20 days I had to direct any cash accrued immediately there after to
that circumstance rather than the Y.M.C.A.. Same circumstance put me seriously
behind with our account here.
The fourth major circumstance occurred in the second week of October when
Illinois Bell shut off two thirds of my phone system and I did not become aware of
same until the third week in October. I, due to my good faith record with Illinois
Bell over the last 13 years succeeded in getting my system restored without cash
but by arrangements. Due to the intensity of meeting customer demands and
reorientation to my business circumstances and the confusion created by shutting
down for approximately two weeks in October, I lost track of time and over looked
a payment arrangement due date with Illinois Bell on October 22, 1993 and the
same phone system turned off before was again turned off on October 26, 1993 without
any notification to me. I have a verbally and notated agreement with Illinois Bell
over the last approximate 10 years by agreement, that before any turn off of phones
would accrue, that Illinois Bell would contact me and apprise me of the immediate
crisis. Illinois Bell did not and I did not become aware of same turn off until one
week later when I called Illinois Bell to review my arrangements so not to miss any.
That phone system which involves two phone numbers of which one is in good standing
and is remote forwarded into the phone of issue comprises two thirds of my client
base. In spite of over twelve years of good faith and payment arrangements Illinois
Bell has greatly crippled me and prevents my potential of a more speedy payment to
them and other creditors resultantly. The amount of issue that prevented the turn
on of the system was $75.00 of $375.00 due. It does not make sense.
Additionally, riddled throughout the years have been theft of services. This
year alone accrues somewhere in the vicinity of $1,000.00 or more and I have yet
to begin collection proceedings or court action. Interference by private parties
and government entities who were not in sympathy with my legal pursuits have
additionally hampered my financial, reputational, legal and functional efficiencies.
For a small business untimely losses can be devastating and have been devastating
to any good faith plan that has been set up.
I am a victim of circumstances beyond my control and of which many have been
fraudulently manufactured by those that want me in just the crises I am now. My
business is not highly capitalized and I have outstanding debts in excess of $2
0,000. Most of same debts are amicably arranged at this time. My business is based
on a phone call ringing clientele which is not reliable for a standard cash flow
each week and thus I have ups and downs and try to jockey my creditor obligations
so to keep all happy. It is my goal and has been my goal to get the deficit with
you eliminated. Especially until August I was moving swiftly in that direction. I
ask you to allow me get over the hump and resume that pattern of earlier this year.
I, however, cannot succeed if this institution's employees interfere and
prevent the smooth operation of my business. The episode with Jane Bowers
interference is just what causes loss of clients in progress not to mention happy
paying clients and creditors. The System that was in operation through November 8,
1993 was a very efficient system for both of us but when your employees do not
follow through with very simple requests and obstruct my efficiencies I cannot be
efficient with you! Lets also keep in mind that there has never been such an influx
of U.P.S.- C.O.D. parcels that could be construed as an unusual burden necessitating
a special handling. If I have had ten or even twenty C.O.D.s in the last four years
that is a fair estimation of the burden. (Less than five a year.)
In consideration of a payment plan, the attempts to catch up the first half
of this year are representative of a non coerced plan I effected in good faith. I
can only promise that I will try to effect a similar record as soon as I stabilize
the immediate circumstance above noted. If my total four year picture does not
satisfy your circumstances I will attempt to negotiate a private loan for as much
as I can and we can renegotiate our circumstances. I need to know that the Y.M.C.A.
is in good faith with me and will continue my stay. My private loan sources will
consider that issue very carefully, especially if you cannot bear with me in a more
gradual accrual of payments as was effected earlier this year.
I Remain,
Scott M. Huber
SEE LETTER 2
COMMENTARY
Note: This letter is basically identical
to the original except for the file corruption above noted and perhaps
slight adjustments to spelling and formatting!
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