Validation Letter from Holloway & Moxley

Hi, I've posted a few questions about my credit report over in the Credit Repair forum. I had gotten a letter from Holloway & Moxley near the end of last month and have found that they are indeed a law firm and a collection agency. They are calling the house now, under the name Elliot Holloway, not as the company name. I need to see if my validation letter is correct. I will copy and paste my last post that was in the other forum:

I have found out that Holloway & Moxley is indeed a law firm, as well as a collection agency. Here is my validation letter to them. Could someone please look over it and make sure I have everything I need on there before I send it, certified mail receipt requested?
--------------------------------
August 9, 2006

My name & address


Holloway & Moxley LLP
556 South Perry Street
Montgomery AL 36104


RE: Midland Credit Mgmt, Account No: xxxxxxxxx:

Dear Holloway & Moxley,
This letter is in response to your letter dated 07-18-2006, concerning the collection of the above referenced account. 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.
.
What I need you to provide as the debt validation:

• What the money you say I owe is for
• Explain and show me how you calculated what you say I owe
• Provide me with copies of any papers that show I agreed to pay what you say I owe
• Identify the original creditor
• Prove the Statute of Limitations has not expired on this account
• Show me that you are licensed to collect in my state
• Provide me with your license numbers and Registered Agent
• Proof that the collection company owns the debt/or has been assigned the debt as is basic contract law
• 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.)
• 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.

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.


Best Regards,

xyz
--------------------------------

Also, I have heard not to sign your name when in contact with any collection agency. These people aren't showing up on my credit report either.

Also, I'm about to start a letter to Equifax & Experian to get them to investigate certain things on my reports. I'm really mind-boggled at the Midland Credit listings (shown above). How can the date opened be later than the date of status? Are they re-aging the accounts so the SOL is extended? I quit paying on them all in 2000. How do I go about wording the investigation/dispute of that to the CRAs? Also, in my letter to Equifax, do I demand that they investigate them all to get the date of last payments and dates opened that they almost all seem to be missing?

Please help me. I'm clueless about this. I just want the dates of last payment/activity and dates opened so I can prove that the SOL is up.

I'm also going to be talking about this with my husband this afternoon. He just started law school Monday and is in the position of knowing people that can help.

Thanks!

You might want to change that last statement, "USPS, certified return receipt requested" So you'll know if they've received the information.
Just a thought.
Also, do you have any documents supporting your last correspondence with them? That will certainly help when disputing with the CRAs. Anything in writing that you have to prove your validity is a plus.

They have a great online dispute form as well. I've
used it many times with excellent results.

Thanks! Do you mean this statement?

"All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS."

I planned on sending all of my letters to them certified, return receipt requested. I mentioned it at the beginning of my post. But why would I want to make sure their correspondence with me is CRRR? I thought the sentence up there meant that they must contact me by my address at the top of the letter by USPS.

Sadly, it's been almost 7 years since this stuff has happened. I've moved and changed addresses a total of 6 times. Mostly everything had been thrown away. Could I contact the original creditors for statements saying when the accounts were opened and what the last date of payment was?

I've tried the online dispute and it wouldn't let me do it since my address didn't match the one in the database. They have tons of addresses on my report, but they don't have my most current one and I've been here for a year and a half. So, it gave me a message to do it by mail and send a copy of my DL and a bill with my address on it. Which will be difficult since the utilities are in my husband's name and I haven't changed my address on my DL since I knew I was going to have to change my last name due to marriage in a year.

Also, I screwed up and put my name in the post. How can I get a moderator to fix it since I'm not registered, only a guest?

Can't you use the last known address they have on file for you?
Also, making sure all correspondence is CRRR will eliminate any confusion on receiving any communication with them in the future.

Hi cedarsmom

I have wiped out your name from your post as requested.

If you are interested, a free sign up can be done you can be a part of the community.

Please let me know if you need any help.

Regards
Mike

Make sure that you have checked the SOL period of this debt account before paying anything or making any commitment to the CA. They will always try to get any of your weak point and force payment. If the CA doesn't give you the last payment details, you can get it from the original creditor. Also, the payments can be sent directly to the original company if this CA is only hired for the purpose. If the debt is sold off, unfortunately you will have to deal with the CA only. I will like to keep in touch with the original creditor also for verifying the details given out by the CA.

Thank you Mike for erasing my name!

The SOL period is up. In AL it's 4 years. It ended in 2004. But, what I'm worried about is Midland Credit re-aging the accounts. In the credit repair forum, I posted both my Experian and Equifax reports. On one, it says that the dates opened are in 2005, and the date of status is in 2000! So, I know I'm out of the SOL time period, but I'm just worried that Midland falsified info and re-aged it. I haven't been in any form of contact with Associates or their agencies since 2000. I'm not paying anything because the SOL is up and it's scheduled to disappear from my report next year.

Also, when I tried to do the dispute online, I used the last address that I was at, not my current address. After I got the message about doing it through the mail, I checked and it had my very old address as the current address... the address I had when I signed up for all of those credit cards.

cedarsmom

Read the section § 807. False or misleading representations [15 USC 1692e]

I got another letter from Holloway & Moxley yesterday reminding me that I was still in the time frame of the 30 days to dispute the debt. They kept referring to Midland Credit as their "client".

So, I had been working on the validation letter and sent it today, certified mail with receipt requested.

Now, all I have to do is ask for an investigation with Equifax since they're not showing dates of last payment or dates opened on most of my accounts.

Also, on the Experian report they have the month when the debt is to fall off. How accurate is that?

Good Luck with Holloway and Moxley, I have tried to call them back 5 times within my 30 days, and they would not call me back after I left a message on their machine everytime, and they have only called me once, and I missed the call because I was at work. Now, I checked my mail and they are suing me in District Court. So I sent them a letter detailing every time that I have tried to call. I sent it CRRR and also sent an exact copy of it to their e-mail address.

They also didn't give me any information, all they did was say hey pay us $1091.

Debit was paid in full on 10/09/2009, I have yet to recieve a statement showing it paid in full and it is still showing on my credit report. What steps do I need to take to get this cleared from my credit report?

you might be having bills pertaining to the payment of debit amount towards you.if you have those things with you then surely you will get a good reply from the bank and it will be solved.

Hey, I am being sured - I think - by Holloway and Moxley over an old credit card bill. The court sent a registered letter to an old address and the people there told them
that I moved and they called me and said they saw it.

Since I have not signed it (or even seen it) I guess i am ok until I am served. I am going to fight it if I do get served. These crooked credita card companies change interest rates, late bill without a postmark and then put phony late charges on the bill.

I seems to me the way they do interest is wrong. So, you owe lts say 1000.00, they charge interest, and then nexty month they charge interest on the interest they charged the previous month.

Any one know in Alabama if you have to do anything if you never sign for a certified letter - I would need to back to Birmingham and find the postmaster or something. I don't think I need to do that.

I hate this company, lawyers or not and have told them so. This so called Lawyer Firm has charged me for a collection on a debt. Plus any filings through a so called court. All of which by what I have read IS ILLEGAL!!! I have been checking up op on this kind of law and this is what I have found:
Debt collectors also are prohibited from saying that:

• you will be arrested if you don’t pay your debt;
• they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
• legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.

Debt collectors may not:

• give false credit information about you to anyone, including a credit reporting company;
• send you anything that looks like an official document from a court or government agency if it isn’t; or
• use a false company name.

Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:

• try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge;
• deposit a post-dated check early;
• take or threaten to take your property unless it can be done legally; or
• contact you by postcard.

Can federal benefits be garnished?

Many federal benefits are exempt from garnishment, including:

• Social Security Benefits
• Supplemental Security Income (SSI) Benefits
• Veterans’ Benefits
• Civil Service and Federal Retirement and Disability Benefits
• Service Members’ Pay
• Military Annuities and Survivors’ Benefits
• Student Assistance
• Railroad Retirement Benefits
• Merchant Seamen Wages
• Longshoremen’s and Harbor Workers’ Death and Disability Benefits
• Foreign Service Retirement and Disability Benefits
• Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
• Federal Emergency Management Agency Federal Disaster Assistance

But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.

my horror story, they have taken me to court twice and yet the judge is giving them a THIRD chance to hit me again! They have to bring back stuff each time to retry it, but its getting sticky. They claim the credit card is not out of SOL (its been over 3 years, almost 4) cause they are saying the open account is a stated account and the lawyer took the judge in the back to show him a book with this law to hit me with. all they have is a BOS that is a zip file of many names and numbers, and the judge said they can show proof with that but he wants the orig, they say they can get it. Seems you dont have to have the orig contract or any proof of signiture, or even actually owe this company. If you ever had a credit card with the company they say they are representing them in my court in sylacauga, al, in talladega county they are going to be able to force a judgement on me and not even account for how the money was figured as well. Makes one think we all could just go down and file on someone and get some money we need! I might not win this one its not looking good. Since i am on disability and all my money i get each month is ssdi/ssi, they cant get the money, but they can make my life hell. I am looking into filing bankruptcy evidently third party debt collectors can collect when most of the things you will read with tell you they dont have a leg to stand on, they just found one, unless i can fight a stated account they are saying it now is with a six year SOL on it. And because i have had a target account in the past, that cements i do owe them, again they could be anyone they have not proved anything in my eyes. So looking to bankruptcy i really dont want another judgement that wont get paid with interest adding up on it on unsecured debt seems unfair to even do that to people with nothing, no savings, no ira, nothing, living paycheck to paycheck and barely doing that, everything i own in the house is over 8 to 30 years old including clothes and i have no car anymore, could not fix it a year ago and had to sell it for scrap. i cant find anything to move to less than my house payment so they have to let me keep it dont they i would die on the street with my health.