well I have re-wriitten the letter and would like to know if this is something that is okay to be sent to them. I am copying this letter as an example to those who are not sure like I was as to how the letter should sound.
September 6, 2005
Cash Today Limited
1005 Terminal Way Suite 110
Reno, NV 89502 Via US Certified Mail
Re: Acct Ref. # __Usually your SS#
To Whom It May Concern:
This letter is being sent to you in response to a notice and calls by your company. 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 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 lendor;
• 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
• Complete payment history. (I need to have proof of my payment history ,what the amount of the debt was when the loan started, and what fees/interest has been tacked on to this debt and how you 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. This is a 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,
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. The response must be in writing. Anything else is not acceptable.
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 be advised that any communication with me, Name, other than in writing will be recorded.
Best Regards,
Name
Is this okay? If not what should I put so that they do not call anymore.
Also what should I do if they refuse to send anything in writing? Because before I send them anything I want to know in writing exactly how much is owed and how it is calculated. This is my right, right?