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 Posted: Sun Oct 28, 2007 8:09 pm |
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They told me I owed 2,433.20 but if i chose to they would settle with me for 1,386.92.
I would do 4 installment payments of 462.30 starting next week for 4 months. They also said the amount discharged will be reported to the I.R.S.
They are out of florida. should i validate even though i know i owe this bill from card services AKA Spiegal?
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| Posted: Mon Oct 29, 2007 10:59 am |
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YES!!! You have every right under federal law, to have them fully validate a debt, even if you know that a debt is legitimate. This will ensure that the debt is calculated per law. Many times, consumers know that they owe a debt, yet they do not seek validation, and the debt can be 'modified' to get more money without the consumer even noticing. Always get validation, and never pay a dime until you are satisfied with what they calculated.
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AnthonyLemons
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| Posted: Mon Oct 29, 2007 11:10 am |
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Yes but i have also heard if you validate you promp them to Sue you more sooner then they would and maybe not offer you a settlemnt deal either.
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AnthonyLemons
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| Posted: Mon Oct 29, 2007 11:30 am |
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could you please direct me where i can find a sample letter to mail to them for validation, then. This is my first one and I want to do it correctly.
Thank You so much!
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AnthonyLemons
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| Posted: Mon Oct 29, 2007 11:32 am |
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Here is your Letter of Validation:
The following is a sample letter requesting a collection agency to validate a debt.
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| Quote: | Attempt to Validate Debt.
Under the Federal Debt Collection Practices Act, you are allowed to challenge the validity of a debt that a collection agency states you owe to them. Use this letter and the following form to make the agency verify that the debt is actually yours and owed by you. Keep a copy for your files and send the letter registered mail.
Your Name
123 Your Street Address
Your City, ST 01234
ABC Collections
123 NotOnYourLife Ave
Chicago, IL
Date:
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on September 30, 2002). 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.
Please provide me with the following:
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;
Provide a verification or copy of any judgment if applicable;
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
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:
Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act
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 to investigate 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. This is an attempt to correct your records, any information obtained shall be used for that purpose.
Best Regards,
Your Signature
Your Name |
_________________
Where there are hard working people being harassed or threatened, I will be there. My site: http://anthonylemons.blogspot.com
Avoid these Agencies: http://www.budhibbs.com/coll_to_avoid_list.htm
Contact any government official here: http://www.congress.org/congressorg/home/ Contact any State Attorney General: http://www.naag.org/
Federal Trade Commission: http://www.ftc.gov/
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AnthonyLemons
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| Posted: Mon Oct 29, 2007 11:34 am |
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oh i forgot to ask should i also be asking for deletion of account on my CR upon settlement agreement?
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AnthonyLemons
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| Posted: Mon Oct 29, 2007 11:55 am |
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Thank you very VERY much! Have a great day:)
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AnthonyLemons
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| Posted: Mon Oct 29, 2007 12:43 pm |
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certified mail and return receipt, also?
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AnthonyLemons
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| Posted: Tue Oct 30, 2007 7:57 pm |
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WATCH THESE DOLTS!!!!!
They tried to screw me on a settlement and were all about collecting the other half. Always validate settlement offer with OC, or else you could be up the creek without a paddle. Not everyone will end up like me in a position to take them down and everything off the report.
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hockeyman
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