settled debt resurfaces
Date: Fri, 08/17/2007 - 18:01
This is illegal, meaning that someone is still selling an accoun
This is illegal, meaning that someone is still selling an account that has already been dealt with. Find out which collection company is in possession of the old account, and send them a 'Letter of Validation'. Send it via certified mail.
Below is a sample debt validation letter/ Cease and Desist Letter. Do not pay a collection agency any money without first sending this letter. If you have any questions, please contact Anthony.
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 |
anthony
anthony, great letters! I printed them out for my own use if I need them in the future. Thank you for posting that! Although, I personally would just like to put:
To Whom It May Concern:
BITE ME.
Sincerely,
cannr
hiya dewbob-- A couple other things. Anthony is on the money
hiya dewbob--
A couple other things. Anthony is on the money--send them that letter, by certified mail return receipt. But you must also go check your credit reports with all three major bureaus. If they put this on there, you need to make sure it gets removed so it doesnt bite you in the butt later on.
I would also consider sending the new collection agency a copy of the letter you got from the last one stating that this account was settled and closed. collection agencies are all about money--usually, consumers are on the receiving end of their greed....but if you show them that another collection agency screwed them by illegally selling them a settled debt, they can go to work on this and at the same time it will take care of your concerns with them too.
I'm just like that--these collectors like to screw with us, so its nice to be able to return the favor when they cross the line... :D
As long as you have that zero balance letter you are ok. Just ma
As long as you have that zero balance letter you are ok. Just mail them a copy of that. That should neutralize the entire situation.
FYI is partially correct--a lot of these CA's dont care what the
FYI is partially correct--a lot of these CA's dont care what they do to others, including other CA's. So, if you show these people that you paid this in full already, they may well simply turn around and sell the debt again, to someone else. Hey, it happens--thats how you are in this situation right now. It will handle this specific instance if you send them that letter, but it may do more to put an end to this entirely if you push the issue more with them.