Debt Verification Letter - Gone Wrong? Please help.

I found this sample debt verification letter on here, from another posting. I am pretty sure that they would need to explain the balance they are suing you for. I am not an expert by any means, but it seems like they give ridiculously inflated balances, so that when they settle for a lower amount, it looks like they are cutting you a great deal. I am waiting for a response from a debt validation letter I sent. This letter seems pretty good. Hope it helps.


Your Name
Address
City, State Zip

Junk Debt Buyers Name
Address
City, State Zip

Date

Re: Acct # xxxxxx

To whom it may concern,

This letter is being sent to you in response to a notice sent to me on (date). 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 named 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:

??????? What the money you say I owe is for;
???????Explain and show me how you calculated what you say I owe;
???????Provide me with copies of any papers that show I agreed to pay what you say I owe;
???????Provide a verification or copy of any judgment if applicable;
???????Identify the original creditor;
???????Provide me with contract of said account with my original signature.
???????Provide me with complete billing and payment history.
???????Prove the Statute of Limitations has not expired on this account
???????Show me that you are licensed to collect in my state
???????Provide me with your license numbers and Registered Agent

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

You should also be aware that reporting such invalidated information to major credit bureaus might constitute defamation of character, as the negative marks on my credit report harm my credit and prevent me from enjoying all the benefits of good credit. In addition, until you provide me with proper validation of this debt, you are not allowed to pursue any collection activities, including reporting this information on my credit report. I????????m sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

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.

Best Regards,

(Your Signature)

Your Name






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Thanks for your help. I had another letter ready to go but I like this one a lot...very gutsy!!! I appreciate the response.

Make sure that you send it CMRRR.

I would think, and hopefully someone more in the know then me on these things will come along with advice, if this CA does eventually sue they will be forced to explain how they came up with this amount in court. You will have to raise an objection to this amount and ask for it to be validated in "discovery." They will then be forced to explain how they come up with that amount.

Hopefully my bumping this topic back to the top will prompt someone to offer the correct advice and/or clarify and explain what needs to be done. In the meantime, it cannot hurt to send another DV letter, make sure you state in the letter they have not clarified how they arrive at this amount and tell them they need to explain it in detail.

I sent them a 2nd DV request, including how they came up with the balance and all account activity on the loan they are suing me for. I also include a limited c&d request (which they have already violated 5 times!!!)

TC&T is a dirty lawfirm. I called them back after the 5 voicemails and 1 text message (which all COMPLETELY violate the fdcpa) and told them I would start paying the $1200 which is all I feel I owe and they said no. At this point we are taking each other to court! I figure they're suing me for $6K and I'm suing them for violating the FDCPA 7 times...maybe we'll come out even!

Hzivic, Are they actually suing or just sending you dunning letters and calling? Have you received a summons? Most of the items that are in your DV would only have to be provided during the Discovery phase of litigation. From the initial post, it sounds like they did provide validation as defined in the fdcpa.

If you are going to file counterclaims, just be aware that FDCPA violations are a max $1000 per action not per violation. You might have some punitive damages that you can go for if you were denied credit or are paying a higher interest rate as a result of their reporting on your credit report.

It would be up to the judge to decide if their calling you after receiveing your "limited C&D" is a violation. I have seen it go both ways but there is no wording w/in the FDCPA that supports a "limited C&D" only a full cease comm. Again, depending on the judge, you would have to convince him that calls at any time to your home are inconvienent. If they are calling you at work, that would be a violation. Good Luck!

DO NOT PAY THEM ONE PENNY UNTIL YOU GET THE INFORMATION YOU REQUESTED. I WOULD SUGGEST CONTACTING AN ATTORNEY. YOU MAY NOT OWN THEM A DIME. check the SOL on this debt.

If you have C & D sent via reg/cert mail and they do not you do have a case but you'll only get $1000.00 if you win. they have to also quit trying to collect if you sent a debt verification letter atleast for 30 days. and they DO HAVE TO GIVE YOU THE INFORMATION.