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Posted: Wed Jan 30, 2008 12:56 pm Subject: Received letter claiming I made an agreement... |
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I got a letter stating i have a payment due per an agreement...i never made any agreement, and recall the phone conversation vividly. It was suggested to me to write a letter asking for a copy of said agreement. I copied it here and would like to hear what some of you think about it...I don't want to sound rude, nor suggest I have money or accidentally make another agreement.
To Whom It May Concern:
I am writing in response to a letter dated January 21st, 2008 that I received yesterday, stating “This letter will confirm your agreement to remit a payment in the amount of $466.66 due in our office by 1/31/2008.”
I have never made an agreement with your collection agency either verbally or written. I would need to see proof of this agreement in writing in order to continue further with this matter.
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mppsu2003

Joined: 29 Jan 2008
Posts: 77
Debtcc Points: 1319
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Posted: Wed Jan 30, 2008 3:17 pm Subject: |
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Sounds good. Did you request a debt validation? If not you can request it in your letter. If you did, point out that there will be no settlement until they provide the validation you are entitled to.
_________________ Check out my credit repair blog. http://goldenbast.yesdebtfree.org/
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goldenbast


Joined: 21 Aug 2007
Posts: 1102
Debtcc Points: 15514
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Posted: Thu Jan 31, 2008 5:48 am Subject: |
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i did not because it's been long past 30 days and i'm not sure they have to oblige
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mppsu2003

Joined: 29 Jan 2008
Posts: 77
Debtcc Points: 1319
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Posted: Thu Jan 31, 2008 6:18 am Subject: |
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Go ahead and send it out anyways. You have a right to the information and if they cannot provide it you need to know that. However, I disagree with the statement about "there will be no settlement until I see it in writing". I would not add something like that because it may be interpreted as you admitting the debt is yours. And that can backfire on you later. I would just state that in accordance with the Fair Debt Collection Practices Act, you are hereby requesting full legal validation of this debt. In accordance with the fdcpa, also inform them that per section 809 of the FDCPA they are to cease any and all collection activity once they receive your request, until such time that they satisfy the request with proper validation.
CA's have done this before. I have received things like that before myself. It's a weak trick at best. It only works if you do not assert your rights under the law.
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skydivr7673
Debt Samaritan

Joined: 15 May 2007
Posts: 887
Debtcc Points: 908
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Posted: Thu Jan 31, 2008 6:57 am Subject: |
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Thanks! here is my second draft ... i don't want to sound threatening or anything because i don't want them to sue me out of spite or such.
"I am writing in response to a letter dated January 21st, 2008 that I received yesterday, stating “This letter will confirm your agreement to remit a payment in the amount of $466.66 due in our office by 1/31/2008.”
This is not correct. During this conversation I made no promise to pay any amount by any particular date. Please provide documentation to support this claim. I would also like to see a written validation of the whole debt amount per rights under the fdcpa law. Please forward me this information in writing."
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mppsu2003

Joined: 29 Jan 2008
Posts: 77
Debtcc Points: 1319
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