Debt still in dispute
Date: Thu, 12/21/2006 - 13:41
I had mentioned in another post that Certegy and Affiliated Group were attempting to collect a debt on me that I am disputing. I saw it on my credit report before it was validated. I asked for a DV from them and all I got was a one page printout that said it was an electronic check with amount and the NSF fee. It doesn't even list a date that the check was drawn. So I don't even know if this was a legitimate NSF or when I cancelled my Netflix account if they tried to draw another monthly fee. Anyway, here is the second letter that I am sending to ACS. Very strongly worded and for anyone's use of course. But just wanted some feedback from everyone first and see what you all think.
Quote:
-----------------------letter----------------- Affiliated Group, ACS PO Box 1329 Rochester, MN 55903 December 21, 2006 Re: Acct XXXXXXX I received your letter dated December 13th, 2006 in response to my request for debt validation. Under the provisions of state and federal Fair Debt Collection Practices Act (fdcpa), Fair Credit Reporting Act (FCRA), and related consumer statutes, I am hereby instructing you that you are to cease collection of the debt as it is in my opinion, you have failed to validate this debt. Until you resolve this error with the creditor, you should neither contact me nor anyone else except the creditor about this collection. Because I still consider this debt as "still in dispute" I do not expect to hear from you again except to provide new information or documentation to clear up my reasons for disputing this debt. This account I had with Netflix was cancelled and automatic billing was to have ceased. Furthermore, the information you provided does not list any dates of the alleged automatic transaction nor an agreement between myself and Netflix authorizing such transaction. As there is no formal agreement in place between Netflix and myself, and absent any copies of agreements between ACS and Netflix, I consider this matter resolved. You may consider this letter your official notification that I do not intend to correspond with you on this matter again unless you comply with my requests, the FDCPA and the FCRA I must remind you that any attempt to collect this debt without validating it violates the FDCPA and that I am recording all phone calls and keeping all correspondence concerning this matter. If negative information has already been reported, you will need to notify the agency to remove said report so that my credit report remains accurate. Additionally, you appear to be in violation of Washington State laws, specifically RCW 19.16.110 which states that No person shall act, assume to act, or advertise as a collection agency or out-of-state collection agency as defined in this chapter, except as authorized by this chapter, without first having applied for and obtained a license from the director. According to Washington State Department of Revenue, you do not have a current business license and it appears that your firm is not authorized to collect in the State of Washington and is subject to civil penalties. For your review, I have enclosed copies of business licenses containing the name of The Affiliated Group operating as Affiliated Credit Services, UBI 602044645 located at 316 Rochester Ave NW, Rochester MN. Be advised that I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the national Better Business Bureau. I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act and that I will not hesitate to take all legal steps necessary to protect myself. I would also like to reiterate 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 consider legal action up to an including suit. Best Regards, |
Dude - not to sound condescending but that was exceptionally wel
Dude - not to sound condescending but that was exceptionally well written. Hope you don't mind but I'm going to copy and paste this and use it as a template for letters I may have to write.
That's one reason I posted it. I know there are others out there
That's one reason I posted it. I know there are others out there who could use this letter.
Thanks
Outlaw, Your letter is FABULOUS, strong, professional, clear
Outlaw,
Your letter is FABULOUS, strong, professional, clear and to the point. Thanks so much for sharing this as a template for others. I know how hard it is to create something like this from scratch, and I'm not a half-bad writer :wink:
There's one minor correction I'd make before sending it out. Take out the "that" that I bolded in the quote below.
"Be advised that I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the national Better Business Bureau. I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act and that I will not hesitate to take all legal steps necessary to protect myself."
So, if I'm careful and kind, can I contribute by editing/proofreading this kind of thing for for the community here? (Actually, that's how I'm earning what little income I have at the moment, so I have some skill to offer.) I'm not nearly as expert in debt matters as many other members, but I can help polish up letters that demand to be taken seriously.
Best and Happy Holidays to all.
I'm very happy and grateful that I found this community.
Diva
Hey, Outlaw Could you post how you went looking for which CAs
Hey, Outlaw
Could you post how you went looking for which CAs are licensed in Washington State? I'd really appreciate it. Because now I'm wondering if allied interstate is even licensed to collect here.
Oh, and one more minor edit if you're up for it.
I still think your letter is great. My brain just glomms on to grammatical irregularities, and I know they're not easy to spot in one's own work. Plus, I want to take away any potential excuses for a CA, their lawyers or, Heaven forbid, a judge to decide you're not worth taking seriously.
Best,
Diva
Suggestion #2: take out the bolded words below and add the underlined comma
"Under the provisions of state and federal Fair Debt Collection Practices Act (fdcpa), Fair Credit Reporting Act (FCRA), and related consumer statutes, I am hereby instructing you that you are to cease collection of the debt as, it is in my opinion, you have failed to validate this debt."
Or you could use "as it is my opinion that..."
Thanks for pointing out some of the grammatical errors. Don't mi
Thanks for pointing out some of the grammatical errors. Don't mind it if you do point them out.
I found out who could collect in the State of WA by going to the States Department of Revenue web site. From there I was able to look in a section called business record database or something like that. Then I just typed in the name of the business and it would come up with a current business license, no information or an expired business license as is the case with this CA I'm dealing with. I bet most states would have a similar web site either through the Dept. of Revenue or a link from the State Attorney General's Office web site.
Happy hunting
