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 Posted: Sat Feb 09, 2008 3:10 pm Subject: Rewrite on validation letter. |
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This was a rather strongly worded validation letter I used to have in my signature. I'm rewriting it for better structure/grammar. Be sure to send the letter certified mail, return receipt requested.
The green card you receive in the mail is your proof that the letter was received. During this time they are required to cease collection activity until they provide you with validation. Also be sure to send the enclosure with the validation letter.
| Quote: | Your Name
Your Address
CITY/Town, STATE ZIPCODE
Date: March 9, 2005
Collection Agency Name
Address
CITY/Town, STATE ZIPCODE
Re: Acct Ref. # XXXXX and XXXXX
To Whom It May Concern:
This letter is being sent to you in response to a alleged debt. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you
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What I need you to provide as the debt validation is as follows:
1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide me with copies of any papers that show I agreed to pay what you say I owe;
4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent
I will not hesitate in bringing legal action against you for the following:
1. Violation of the Fair Credit Reporting Act
2. Violation of the Fair Debt Collection Practices Act
3. Defamation of Character
If your offices are able to provide the proper documentation as requested in the following declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action.
Please read the enclosure for an opinion regarding matters such as these from the Federal Trade Commission
Best Regards,
Your Name Here. |
Click her for the link to the enclosure to send with your letter
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Last edited by JCEMT on Sun Jun 08, 2008 3:24 pm |
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JCEMT
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| Posted: Mon Feb 11, 2008 1:37 pm Subject: |
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awesome. I was going to use the old ones, but there were some serious grammar issues involved, and i didnt was to sound uneducated. Also, the last sentence mentions an enclosure. where is it? Maybe someone could fix the others letters?
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cuda010
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Shazzers
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| Posted: Mon Feb 11, 2008 4:31 pm Subject: |
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| cuda010 wrote: | | Also, the last sentence mentions an enclosure. where is it? |
Look under the letter body for a link entitled 'Enclosure'. It's just above his sig.
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The four 'no's of dealing with collectors:
No validation?
No payment.
No way!
No kidding!!
 Economic Stimulus information from the Infernal Revenue Sadists
Tellin' you all the zomby troof
Here I'm is, the zomby woof
[Frank Zappa, 1988 - R.I.P.]
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unclewulf
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| Posted: Mon Feb 11, 2008 5:56 pm Subject: |
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Where it says enclosure it's a hyperlink. Just print it off separately and send it in with the validation letter.
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JCEMT
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| Posted: Mon Feb 11, 2008 6:24 pm Subject: different states |
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With item 7 in the letter:
7. Show me that you are licensed to collect in my state.
How does that apply if you have moved from the state where a debt occured? Say - happened in TX in 03.. but you now live in ID? Should you ask for "in MY state"? or in TX?
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Hymay
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| Posted: Tue Feb 12, 2008 3:30 pm Subject: |
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It is in the state which you currently reside. For a collection agency to collect a debt by contacting you they must hold a business license for that state. Some states also require bonding, as well as having a registered agent.
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JCEMT
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| Posted: Mon Apr 07, 2008 7:21 pm Subject: box blocking half of the letter |
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There is a box on the right hand side of the page so i can't print it out. Is there anyway that someone could email it to me please? I really need to send this letter out asap! My Email is email removed for your safety. -Debtcruncher
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redhead06340
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| Posted: Mon Apr 07, 2008 7:38 pm Subject: |
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Simple steps for Windows users:
1 - open your word processor. [I know this works with MS Word. Should work with any of them...]
2 - In your browser window, click-drag your mouse over the text of the letter to select it. The window will scroll automatically if needed.
3 - Click-and-hold on the text you selected.
4 - Now drag it over into your word processor, and release the mouse button.
5 - Edit as needed.
6 - Send it out in the morning mail. 
_________________
-
The four 'no's of dealing with collectors:
No validation?
No payment.
No way!
No kidding!!
Economic Stimulus information from the Infernal Revenue Sadists
Tellin' you all the zomby troof
Here I'm is, the zomby woof
[Frank Zappa, 1988 - R.I.P.]
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unclewulf
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| Posted: Tue Apr 08, 2008 8:51 am Subject: |
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| Code: | | in response to a alledged debt |
Great letter! Just consider changing "alledged" to "alleged".
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volleyballmom
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| Posted: Thu Apr 17, 2008 10:15 am Subject: |
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I'm so using this letter to send to the CA jerks that have been harassing me. I'd like to see their faces when they get it.
I'm adding my own line in the letter "This includes using different phone numbers to attempt to call my house or my job in an attempt to collect the debt...." This has happened to me
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boots288
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| Posted: Thu Apr 17, 2008 11:16 am Subject: |
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Thank you for updating the valdation letter. I have used your letter format a few times in the past. I have two new accounts pop up on my credit report, so this came right in time. Thanks.
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Ryan_N
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| Posted: Thu Apr 17, 2008 5:45 pm Subject: Debt |
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Lets say my debt is $8000.00 and I send $100. 00 every month what further action can they take or if the don't cash it are they in violation?
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walker1
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| Posted: Thu Apr 17, 2008 5:58 pm Subject: |
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Welcome to the community Walker1.
Uniform commercial code says that contracts (oral and written, which covers debts of every type) are negotiable instruments. Meaning that they are binding in that they agree to provide you with (specified service) and you are to pay them the amount specified. If they refuse to accept your payment then they will dishonor the contract effectively voiding it and the debt associated with it.
Regardless of what you amount you send to them they do not have to just accept it, if they wish to file suit or some other means, or demand payment in full then they do have the right to do so. However if it goes to court it will look very favorable on your part showing that you are paying on it what you can.
If you have any further question please feel free to ask.
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JCEMT
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| Posted: Wed May 14, 2008 8:43 pm Subject: |
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for the enclosure...do i just print it out and include it with my validation letter?
i am sending out my first letter tomorrow and i want to make sure i have everything in order.
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shopaholicviet
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JCEMT
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