Process for sending a Debt Validation letter?
Date: Mon, 10/15/2007 - 13:52
I was planning on sending a debt validation letter by fax and certified mail. If this is the case do the 30 days start from the date the fax was received by the CA or from the date the certified letter was recieved?
From the date that the certified letter was received. Faxes get
From the date that the certified letter was received. Faxes get thown in the trash can. Here is a template for a debt validation letter if you need it.
Quote:
Your name and address Their name and address Attn Mr Bottom Feeder Re Acct # XXXXX Dear Mr. Feeder. I received a call (or letter) stating that I owe your company $XXX on the above account Please be advised that this is the first communication that I have had with your company regarding this matter by phone, mail or otherwise. Please be advised that pursuant to the Fair Debt Collections Act, 15 USC 1692G Section 809 that this debt is disputed and validation of this claim is required. To validate this claim I require the following: >What the original debt is for >The amount of the original debt. >How you arrived at the amount you say I owe >The interest charges applied to the original debt. >All payments received regarding this debt with the original creditor including the date and amount of each payment., This requirement was established by the case Fields vs. Wilber Law firm, Donald L. Wilber and Kenneth Wilber USCA-02-C-0072, 7th Circuit Court, Sept. 2004 >Any penalties associated with the original debt and the reason or reasons for those charges. >Proof that any interest charged does not exceed that allowed by law in the State of xxx >Provide me with any papers that say I agreed to pay what you say I owe. >Proof that the collection agency owns the debt or has been assigned the debt. >Proof that you are licensed to collect in the State of xxx >Proof that your client is licensed to operate a payday loan business in the State of Florida. (If applicable) >Proof that your company is legally permitted by the original lender to collect that debt. Furthermore at this time I am advising you that I am not to be contacted by your firm or any of its affiliates, subsidiaries or clients by any other means other than the United States Postal Service. Also you are not permitted to contact my employer, friends, acquaintances or family regarding this matter. Also any agreement of ACH withdrawals from my account and any agreement of wage assignment are hereby revoked. If your office can and does provide all the information that I have requested I will require a minimum of thirty days from the receipt of that information to investigate its validity and to retain counsel if necessary. During this thirty day period all forms of collection must cease. Furthermore if if your offices fail to respond to this validation request within thirty days from the date of your receipt all references to this account must be deleted from my credit file and a copy of such deletion request be forwarded to me immediately. |
Ok. Thanks. I don't think I will even bother with sending it via
Ok. Thanks. I don't think I will even bother with sending it via fax then...