DV letter request back from CA
Date: Tue, 05/26/2009 - 13:25
1. Agreement with your client that authorizes you to collect on this alleged debt.
2. Agreement that bears signature of the alleged debtor wherein he promises to pay the creditor.
3. Complete payment history on this account so as to prove that the debt amount you wish to collect is correct.
And what I got back was the following:
Validation of Debt
May xx, 2009
(My Name)
Account number xxx for (My Name) acquired from (Original Creditor) is now owned by (CA Name).
At the time the account was acquired from (original creditor), (original creditor) advised that the balancing owing was $x.xx. Since that time, additional interest, fees, payments, credits, and offsets, if applicable, have been allowed, for a current balance of $x.xx
So now what?
Proposed response letter
OK- here is what I am thinking to send as a response:
*****
Your Name
Your Address
Your Phone #
Collector's Name
Collector's Address
Date
Dear Sir/Madam,
Re: Account Number__________
On
1. Agreement with your client that authorizes you to collect on this alleged debt.
2. Agreement that bears signature of the alleged debtor wherein he promises to pay the creditor.
3. Complete payment history on this account so as to prove that the debt amount you wish to collect is correct.
Since you are unable to properly validate this alleged debt, I respectfully request your office to provide me the following relief:
1. permanently cease and desist all attempts to collect this alleged debt from me
2. completely remove the listing of this alleged debt from my credit file from all credit reporting agencies.
Failure to provide proper debt validation is a violation of the Fair Debt Collection Practices Act (FDCPA). Also, it has come to my attention my credit files have been recently updated regarding this alleged debt, which is a violation of the Fair Credit Reporting Act (FCRA). Violations of the FDCPA / FCRA are subject to fines of $1,000 per incident, which I can collect by filing a claim in small claims court. I intend to follow through with the claim if you do not provide the requested relief within 15 calendar days.
With regards,
*****
Thoughts?
additional thought
After re-reading section 809(b), I am thinking of adding the statement somewhere "I am disputing I owe this alleged debt."
Also, thinking about adding the statement "While the correspondence sent by your office referred as as "debt validation" provides the original creditor's name for this alleged debt, it does not provide the original creditors address for this alleged debt."