Feedback Needed on DV Letter -
Date: Mon, 03/24/2008 - 13:48
Thank you.
To Whom It May Concern:
This letter is being sent to you in response to a notice from your office that was dated ________ regarding an alleged debt. 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 office provide me with the following:
1.What the alleged debt you claim I owed is for;
2. Explain and detail how you calculate the alleged debt owed;
3. Provide the original copies of any papers that show I have agreed to pay the alleged debt
owed;
4. Provide notarized verification or copy of any adjudicated judgment(s) where applicable to
the alleged debt owed;
5. Identify the original creditor;
6. Show verification that you are licensed to collect debts in my state;
b. Provide your license numbers and proof that you are indeed a Registered Agent
7. Proof that the company you represent owns the debt/or has been assigned the debt.
(As per standard contract law practice in the state of ___________)
8. Complete payment history, starting with the original creditor. (Proof of my payment history
with the original creditor, the amount of the debt when the creditor assigned the debt to your
company, and what fees/interest has been applied since the above referenced assignment of this
alleged debt.) As established by Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth
Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004.
9. Copy of the original signed loan agreement or credit card application. (The contract with the
original creditor establishing the alleged debt.) As per standard contract law practiced in the state.
At this time I will also inform you that if your office has reported invalidated information to any of the three major credit Bureaus (Equifax, Experian or TransUnion) this action may 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 it is in my right to pursue 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 potential suit. This includes listing of 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.
I respectfully request that the information noted be provided in reference to the account/file number that you have included in your notice.
Sincerely,
At the top I would include your name and address and the CA's na
At the top I would include your name and address and the CA's name and address and the account number and the date you received their dunning letter.
Also , PRINT your name at the bottom.DON'T SIGN IT !!!
Number 6 could be found usually by calling your state's Secretar
Number 6 could be found usually by calling your state's Secretary of State, or regulatory board. As to licensing, state's are different. Take Texas for example; no licensing is required - but, the collector must post a surety bond of $10,000 with the Secretary of State, if they haven't, you can sue for this. But in a state like Tennessee for example, the CA must be licensed by that state's board which governs the trade. I believe that this is one reason for the fondness of using collection "lawyers". They don't have to be licensed as a collector.
