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Is this validation?

Date: Fri, 08/10/2007 - 06:46

Submitted by debtfreein08
on Fri, 08/10/2007 - 06:46

Posts: 214 Credits: [Donate]

Total Replies: 7


Hi guys, need some help again. Thought I was good to go, but yet, ARM came back and I think they validated the debt from MTE. But, all they did was send me the contract from MTE, and they are saying I still owe $320. Is that validating the debt? Or, should I send another letter? Please help!! I was so stressed about it last night, I could barely sleep! I have paid them over $635!!


Okay, here is my letter:

Quote:

August 10, 2007

Accounts Receivable Management
9000 Regency Square Blvd
Ground Floor
Suite 1
Jacksonville, FL 32211



To Whom It May Concern:

This letter is being sent to you in response to noticing an entry 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.

Thank you for providing the partial validation. However, I still need a validation of the following items:

.
?????? Explain and show me how you calculated what you say I owe;
?????? Provide a verification or copy of any judgment if applicable;
?????? 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, as well as provide the license number of the original creditor and show that they are a licensed, legal entity
?????? Proof that the collection company owns the debt/or has been assigned the debt. (Proof showing 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..


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 or 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.

I have overpaid the loan that I have had with this company Quickest-Cash-Advance, DBA MTE Financial, and have filed complaints against you with the Wisconsin State Attorney General, the Wisconsin Department of Financial Institutions, the Better Business Bureau, and the State Attorney General of Oklahoma. I have overpaid $635 on a $300. According to the State Attorney General of Oklahoma, MTE has been ordered to stop lending to citizens of the state of Oklahoma, as well as any other state. Therefore, MTE Financial, the original creditor for this debt, is not legal, licensed lender in the state of which they reside, as well as any other state, they are not licensed to lend.

I feel that I have LEGALLY paid, according to my state laws, what I have owe on this debt, including overpaying my loans with the original creditor. Unless it can be proved, LEGALLY that I still owe on this debt, I am asking you to mark my accounts paid in full, and consider the matter null and void.

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,


lrhall41

Submitted by debtfreein08 on Fri, 08/10/2007 - 07:58

( Posts: 214 | Credits: )


They did the same thing to me with MTE. They could not provide anything besides the original contrct either. I sent the second letter just as bulldog said. I never heard from them again. The only thing that was in my original letter that was different from yours is that I asked for proof that the original lender was licensed to lend in my state.


lrhall41

Submitted by Frogpatch on Fri, 08/10/2007 - 08:34

( Posts: 5381 | Credits: )