Portfolio Recovery & Associates, LLC
Date: Mon, 08/20/2007 - 19:30
It is a general letter with my name and address and my account number on it. It is stating that the date of the loan is 2/4/2004, PRA purchased this account on 6/21/2007. I don't know if this a legitimate debt validation letter or not.
Also attached to this letter is an Affidavit of Ownership and Sale of Claim stating that Account Assignee has been sold and assigned and transferred by the Account Seller on 6/21/2007.
This has been signed and notarized. Am I too assume that this legal validation?
Never received anything like this before so I don't know if its legit or not.
ladybug
This is not a legal validation of a debt. Send the following let
This is not a legal validation of a debt. Send the following letter to them via certified mail. The letter below is what they need to answer, by law:
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.
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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 |
All this document states is that they purchased your account, it
All this document states is that they purchased your account, it has nothing to do with you and what they say you owe, and how they came to believe you owe.
debt validation indeed is an efficient tool to deal with the col
debt validation indeed is an efficient tool to deal with the collectors. But it is a long process.So you have to be patient.
Firstly you have to send the collector a DV letter via certified mail with a RRR. Give them 30 days to respond to your validation request. If they fail to do validate the debt in a legitimate way, then they are in violation of the fdcpa.
If they validate the debt with the desired proofs in writing but you still wish to pursue your dispute further, then you may find out whether they are authorized to collect in your state or not. If not, then send them another letter notifying them that they are in violation of the law and if they do not cease collections efforts then you will forced to take legal action against them.
If the collection agency respond to your validation in writing and does not provide the desired evidences then send them another letter mentioning that they are in violation of FDCPA. Ask them to cease collections attempts and notify the credit bureaus or you will take a legal action. Wait for at least two weeks for a response, and if you do not get any validation of the debt then go ahead with your threat in small claims court.
There is no time limit for a collector to validate.As long as th
There is no time limit for a collector to validate.As long as they cease collection efforts while waiting on validation,they are legal.
