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 Posted: Thu Jan 10, 2008 12:33 pm Post subject: |
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| Quote: | Re: Acct Ref. #
To Whom It May Concern:
This letter is being sent to you in response to a notice a couple entries by your company on my credit reports. 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 do 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;
? 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
? 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.
? 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..
? 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:
? 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 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. This is an attempt to correct your records; any information obtained shall be used for that purpose.
Please read the enclosure for an opinion regarding matters such as these from the Federal Trade Commission
Best Regards, |
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JCEMT
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| Posted: Mon Jan 14, 2008 2:04 pm Post subject: Debt Collections |
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Before you guys call anyone sleazy , you should pay your bills, b/c the last time I checked when you use a credit card you should be a Responible Person and pay them on a timely manner
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joer
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JCEMT
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cajunbulldog
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| Posted: Tue Jan 15, 2008 9:27 pm Post subject: cach,llc |
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hello all. great info here but making sure im understanding everything correctly. my wife received a civil summons monday (1/14/0 , about an credit card. the card was through bank of america, and now is handle through cach,llc. representing lawyers are sessoms and rogers,pa .they are asking for payment within 5 days (7k), which we don't have to hand them.
from my understanding from reading here and reading the summons, and through all the advice given to others im suppose to respond with a letter asking for validation, and wait for them to respond, even if the dept is valid or not. also use certified mail and request a receipt and keep records as well. file the letter with the clerk of courts and a letter to defend
also and ask what the amount of the account was purchased for.
am i headed in the right direction so far? |
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61chev
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| Posted: Tue Jan 15, 2008 9:36 pm Post subject: cach,llc |
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a few more details. after talking with her i asked if she ever received letters or phone calls etc from them.
she replied no. never heard from anyone until the summons appeared. i checked the out of date status, and its within the window so far, im thinking. |
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61 chev
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| Posted: Wed Jan 16, 2008 6:22 am Post subject: |
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Sending validation at this point is kinda moot as they have already filed suit, at least validation in the traditional manner. You would need to request your validation during discovery in a motion to show cause.
If they can't validate then they can't show cause, and if they can't show cause then motion for dismissal with prejudice.
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| Posted: Wed Jan 16, 2008 9:40 pm Post subject: cach,llc |
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| thanks for the advice,will file.. |
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61 chev
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| Posted: Thu Jan 17, 2008 4:41 pm Post subject: cach,ll |
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| still trying to figure all of it out terms. discovery, motions, to show case etc |
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61 chev
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| Posted: Fri Jan 18, 2008 9:13 am Post subject: Complaint filed by CACH |
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I received a complaint with CACH as the plaintiff. I started doing research on them and it doens't look like a very up standing company.
I've never been contacted by them before, not mail or phone. By what I'm reading here they are not easy to deal with as well as their attorneys. Any suggestions on where to start?? The amount owed was under $1500 - and say they add $10 per year for interest. I appreciate any direction on how to handle this. Thanks! |
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JoAnnS
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| Posted: Fri Jan 18, 2008 9:38 am Post subject: Info above |
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Sorry - I didn't see the info above pertaining to suit being filed - my reserch brought up this site with entries dated 2007.
Wouldn't the attorney still be obligated to provide me with documentation as to what I owe on the creditors letterhead/statement? I'm not arguing I owe the money but it would have been nice had they contacted me prior to filing suit. |
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JoAnnS
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JCEMT
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| Posted: Fri Jan 18, 2008 10:15 am Post subject: |
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You can get that information. During the discovery phase of the trial request validation of the debt, you can find a good template in my signature.
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| Posted: Fri Jan 18, 2008 10:36 am Post subject: Prior to trial |
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First - typing error it was to be %10.
Do I understand that I will need to proceed to trial to find out? There is nothing I can do to stop it from going to trial. Do you think they would negoiate the fee down at all. I don't know just wanting to get this taken care of. I was out of work when this happened and then lost contact - my fault I know... Don't really want to retain an attorney.  |
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JoAnnS
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