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NAFS - An actual reply!

Date: Mon, 08/20/2007 - 17:08

Submitted by kchahn
on Mon, 08/20/2007 - 17:08

Posts: 167 Credits: [Donate]

Total Replies: 12


To laugh at, yes!!

Got a small package today, from NAFS. The letter enclosed, by a Paul F. Labaki states, in part:

Thank you for your correspondence. As per your request, I enclose VERIFICATION of the debt referenced above. Copies of account statements, Dec 04 to Mar 05 are enclosed.

As a courtesy to you and in the spirit of a good faith attempt to resolve this matter, NAFS has provided you as much documentation in VERIFYING this debt as we were able to get from our client, listed above. More than is required by the legal standard.
Having responded to your request, and honoring your rights in this matter, it is now incumbent on you to honor our client's right to be paid in accord with the agreement you made. to pay account.Please contact office to make payment arrangements. Payment of balance per original notice sent is due.


I find it most interesting in that they figure verification is good enough. While they were required to VALIDATE the claim they make!!! In the stuff recieved, there is NO such information provided.

Guess I get to send them another letter, stating that I refuse to deal with this situation, until they properly VALIDATE said claim.

Comments/suggestions/questions etc....welcome.
Thanks.


Sample debt validation letter/ Cease and Desist Letter. Do not pay a collection agency any money without first sending this letter. They must fulfill every item. If they do not, then they are not acting in accordance to the law. If you have any questions, please contact Anthony. Be sure to send this via certified mail.

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


lrhall41

Submitted by Anthony Lemons on Mon, 08/20/2007 - 23:35

( Posts: 1828 | Credits: )


Its my sad past experience and now research wiser experience that paying a collection agency is nothing more than succumbing to extortion. They paid pennies on the dollar for a portfolio of debt that was charged off. If you pay them, it will never I REPEAT NEVER change the original creditor's report for that account and they will not show your gracious payment to them on your report either. wait out or defend on the sol, or try to deal with the original creditor (if they even acknowledge you in their database - most will just auto block you from reaching anyone or anythingrobot once you enter your old account number-and don't try calling back without entering the account number - it blocks by your phone number you called into their 800 number from period - dead air-dead zone. been there, done that)


lrhall41

Submitted by on Tue, 08/21/2007 - 03:44

( Posts: | Credits: )


I agree with you peg. I never have and never will pay a collection agency a dime. Period. They can go on all the lawsuit frenzies that they want. They will still not get a dime from me. It is my practice to deal ONLY with original creditors and not collection agencies or their legal representatives....and I tell them that...in writing...and I have told them that to their faces in mediation hearings. They seldom validate debts because they have nothing to validate and will attempt to force you into taking a judgment. Don't fall for it. Fight them tooth and nail in court and, as it says all over this forum, KNOW YOUR RIGHTS.


lrhall41

Submitted by on Tue, 08/21/2007 - 11:27

( Posts: | Credits: )


I just contacted the KY state AG's office and unfortunately no debt collector needs to be licensed to collect inside KY according to the person I spoke too. I searched the website thoroughly too and could find no references to being licensed. I did however find out that you have to be licensed inside our state to be a debt adjuster i.e. a company that negotiates and consolidates debts.


lrhall41

Submitted by DOLLARSandSINCE on Wed, 08/22/2007 - 09:56

( Posts: 1078 | Credits: )