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Past statement consider validation?

Date: Fri, 06/29/2007 - 22:36

Submitted by anonymous
on Fri, 06/29/2007 - 22:36

Posts: 202330 Credits: [Donate]

Total Replies: 12


I have sent a validation request letter to a debt collector that does under a law firm name but all they did was sent back a stack of statements. Is that consider debt validation? How do I proceed in getting the rest of the information I requested for? Also I checked with dept. of consumer affairs and it stated that now license was found under their law firm name as a collection agency. Are they legally able to do that?


hi and welcome to the forums--

first, an attorney does not have to be registered in some places as a collection agency. Rather than checking the consumer affairs, I would check the bar association for that state. This might not even be a real attorney--CA's have often pretended to be lawyers which is illegal.

As for validation, the only proper validation is what comes from the original creditor. This CA needs to get the documentation from the original creditor, and also provide proof that they are now authorized to collect this debt legally. If they only send you statements that do not come from the original creditor, then they have not provided you proper validation. Does the paperwork they sent come from the original creditor, or is it their own documentation? It makes a difference. Can you be more specific about what they sent, like what is on the statements or where they came from?


lrhall41

Submitted by skydivr7673 on Sat, 06/30/2007 - 04:36

( Posts: 2036 | Credits: )


Quote:

Quote:
(Your name)
(Your address

Collection company name
Company address

(Date)

Re: Acct# 00000000

To whom it may concern:


This letter is being sent to you in response to a notice sent to me on March 8th, 2050. Please 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 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:

1. What the money you say I owe is for
2. Explain and show me how you calculated what you say I owe
3. Provide me with copies of any papers that show I agreed to pay what you say I owe
4. Provide a verification or copy of any judgment if applicable
5. Identify the original creditor
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. 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 Bureaus (Equifax, Experion 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:

1. Violation of the Fair Credit Reporting Act-reporting inaccurate information
2. Violation of the Fair Debt Collection Practices Act-continuing collection activity on a debt which has not been validated

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 listing of any information to 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.

REQUEST FOR CEASE AND DESIST OF CONTACT BY YOUR OFFICE: I would also like to request, in writing, no further contact, either in writing or telephone be made by your office to my home or to my place of employment, unless it is to provide validation or release of liability of the debt. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with third parties, it will be considered harassment and I will have no choice but to file suit.

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.

Thank you,

Signature
Printed name



There is a better one than this but I always have trouble finding it. It reuires complete payment history and refers to a court case. Try doing a search!


lrhall41

Submitted by Frogpatch on Sat, 06/30/2007 - 06:07

( Posts: 5381 | Credits: )


the statement that they sent were copies from the original creditor, like your monthly credit card bill.
Is that consider validation? Also from the last statement i saw, the amount was totally different from the amount they are requesting for. They added more than 3000.00 to the balance. I am willing to settle with them if this mine but they added more than 3000.00 in fees. Is there a way I can settle with them for 1/2 the balance without the fees? Oh by the way I'm in NYC, can you tell me if they need a license?


lrhall41

Submitted by on Sat, 06/30/2007 - 07:43

( Posts: | Credits: )


The test for validation fails because the total amount being collected does not correspond with the numbers in the validation.They are required to document the charges and prove to a consumer that these extra fees are legal.Send them another letter thanking them for the statements and requesting a complete breakdown of the fees,interest,and original balance. Demand proof why fees and interest can be added.Certified return receipt mail.


lrhall41

Submitted by cajunbulldog on Sat, 06/30/2007 - 15:09

( Posts: 4850 | Credits: )


Quote:

This second letter is being sent to you in response to your letter sent to me on June 29, 2007. I acknowledge that you have made an attempt at validation but the attempt failed (final balance does not match documents). In reference to my requests from first validation letter, which has not been provided to me. Please send all documentation that specifies how final balance was obtained and below requests, which was stated on first validation request letter. Please 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 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:

1. What the money you say I owe is for
2. Explain and show me how you calculated what you say I owe
3. Provide me with copies of any papers that show I agreed to pay what you say I owe
4. Provide a verification or copy of any judgment if applicable
5. Identify the original creditor
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. 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 Bureaus (Equifax, Experion 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:

1. Violation of the Fair Credit Reporting Act-reporting inaccurate information
2. Violation of the Fair Debt Collection Practices Act-continuing collection activity on a debt which has not been validated

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 listing of any information to 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.

REQUEST FOR CEASE AND DESIST OF CONTACT BY YOUR OFFICE: I would also like to request, in writing, no further contact, either in writing or telephone be made by your office to my home or to my place of employment, unless it is to provide validation or release of liability of the debt. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with third parties, it will be considered harassment and I will have no choice but to file suit.

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.


lrhall41

Submitted by on Sat, 06/30/2007 - 20:28

( Posts: | Credits: )


i have revised some parts below, can someone please look at it and tell me if it's good enough

Quote:

This second letter is being sent to you in response to your letter sent to me on June 29, 2007. I acknowledge that you have made an attempt at validation but the attempt failed (final balance does not match documents). In reference to my requests from first validation letter, which has not been provided to me. Please send all documentation that specifies how final balance was obtained and below requests, which was stated on first validation request letter. Please 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 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:

1. What the money you say I owe is for
2. Explain and show me how you calculated what you say I owe
3. Provide me with copies of any papers that show I agreed to pay what you say I owe
4. Provide a verification or copy of any judgment if applicable
5. Identify the original creditor
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. 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.
10.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
11. 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 Bureaus (Equifax, Experion 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:

1. Violation of the Fair Credit Reporting Act-reporting inaccurate information
2. Violation of the Fair Debt Collection Practices Act-continuing collection activity on a debt which has not been validated

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 listing of any information to 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 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.

REQUEST FOR CEASE AND DESIST OF CONTACT BY YOUR OFFICE: I would also like to request, in writing, no further contact, either in writing or telephone be made by your office to my home or to my place of employment, unless it is to provide validation or release of liability of the debt. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with third parties, it will be considered harassment and I will have no choice but to file suit.

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.

thank you


lrhall41

Submitted by on Sat, 06/30/2007 - 20:46

( Posts: | Credits: )