Scott M. Huber
34 S. Washington St.
Naperville, Illinois 60540
December 11, 1993
David Bast
Kroehler Branch Executive
Naperville Y. M. C. A.
Dave:
I am touching bases with you at this time so to allay any doubts you may have
as to my purpose at this date.
I have been waiting patiently for your response to the content of my letter.
Due to the fact that you issued the 5 day notice and a termination date for full
payment and obviously not enforced same and yet have not given me assurance or
engaged in a dialogue resolving same issues with me regarding same, I have been
held in somewhat of a bit of suspense and quandary. It seems that a reasonable
response to my letter sent you on November 17, 1993 would deserve a similar
response and dialogue.
You have indicated, as I understood at the January 3, 1993 meeting, that in
three or four weeks you would be attempting to recover past due rent or make
appropriate arrangements. I am concluding that you and I will be possibly making
arrangements in that time frame.
Because of the delay in response to my letter, and due to the issuance of
your notices and demands on November 8, 1993 I have withheld rent until we have
come to terms and an amicable understanding especially regarding the motive and
intent of the Y.M.C.A. as to their good faith to me.
Additionally, due to the bad faith that Jane Bowers has demonstrated toward
me and my business I request that no further interface between she and I need
continue and that any further record keeping or communications be conducted with
you or a mutually agreeable alternate.
In reflection of my circumstances in addition to the synopsis of my
circumstances stated in my November 17, 1993 letter, I would like to exemplify
some of the actions that I have taken during my stay at this facility so to remain
in good faith with you and trust that you will consider same as food for thought:
1) In approximately July of 1991 I had installed telephone service in my room
so I could reduce the very expensive outlay of cash utilized on the pay phone
for the running of my business. This very large savings helped to improve my
creditor relations not only with you but also with others.
2) When I first came to this facility I utilized an economic five speed Datsun
automobile to conduct my travels. Later I effected repairs on a Chevrolet wagon
that was stored in Joliet and used same as a backup when the Datsun was out of
service or would not facilitate a specific need. In the Fall of 1991 both cars
failed and I suffered a set back in business, not realizing the extensive public
transportation system that was available to me as an alternate nor its viability
in using same in my business. Multistate Transmission of Naperville destroyed
my Datsun through various criminal acts including impersonation of both the Aurora
and Naperville Police Departments on the part of the then owner of Multistate:
Jess Ashley, while I engaged them to repair same vehicle. I, at the same time,
engaged another firm to repair my wagon which strangely enough had also incurred
a major repair and got same on the road in December and resumed a normal business
climate.
In August of 1993 my only vehicle the Chevy wagon was incinerated due to an
overheating of the transmission and that left me with no vehicle what so ever. As
an alternate I utilized and am utilizing public transportation.
I am utilizing public transportation for several reasons:
A) Due to the fact that I do not have the money for another car.
B) Due to the fact that I have received excessive ticketing from the
Naperville Police parking enforcers.
C) Due to the fact that I have been harassed and ticketed on the roadway for
frivolous reasons by local jurisdictions which have interrupted my good faith
plans with you and other customers and creditors and thus I have had to take
considerable time off to litigate and, by the way, have won.
D) Due to the fact that auto liability insurance costs can be eliminated: more
money I can divert to my creditors.
E) Due to the fact gasoline and car maintenance costs can be eliminated as
well as the time and trouble of maintaining same.
F) Due to the fact I don't have to worry about where my car is parked and for
how long, or police harassment on the road, or criminal damage to my vehicles
when parked around the Y.M.C.A. and away from same,(of which there have been many
incidents), or whether I will have an accident and raise my insurance rates and
the like.
G) Public transportation is less expensive per trip than maintaining and
running a vehicle per trip, on the average.
You see, elimination of the car from the budget can save a lot of time and
money of which I can and have diverted to priority creditors.
3) In the past two years, starting in approximately January of 1992, I
severely reduced my graphics advertising so to test the customer response to a
large advertisement as opposed to a small advertisement. I did same also so to
conserve cash outlay to the yellow pages and divert more cash to my priority
creditors. That decision reduced payments from $250 or $300 per month to $109 per
month, a savings of approximately $150 to $200 per month.
In approximately January of 1993 I completely eliminated all graphics
advertising from my yellow page advertisements and further tested customer
response. To my surprise, based on cursory observations, I have suffered no
significant business loss. I have further reduced my cash outlay another $109
per month that I am redirecting to my priority creditors.
Please keep in mind that I have been paying down initially telephone bills
and as the telephone bills reorient themselves to more modest amounts I am
diverting those funds formerly tagged as phone obligations to you and one other
creditor.
(Editor Note:
Due to file corruption on the disk on which this letter was stored a few sentences
of this letter may be 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 this information!
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
$20,000. 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 to 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 1
COMMENTARY
Note: This letter is basically identical
to the original except for the possible file corruption above noted and perhaps
slight adjustments to spelling and formatting!
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