Input About My VD letter?
Date: Tue, 03/08/2011 - 15:32
Date: March 9, 2011 (Sending it tomorrow hopefully)
Re: Acct # 120005082087
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on March 3, 2011 and received March 8, 2011 1. (Is this okay to put in when it was received or leave it out?). 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;
· Identify the original creditor account; 2. (Would it be smart to ask them this?)
· 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
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian 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:
Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act
Defamation of Character
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. Also, I wish to deal with the original creditor and not a collection agency. 3. (Is this okay to add or would it be improper? I would rather work with Citi Bank).
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 any listing 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.
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.
I would also like to request, in writing, that no telephone contact be made by your offices to my home, cell phone or 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.
Best Regards,
John Doe (My real name is hidden for privacy reasons)
________________________END OF LETTER__________________________________
Feedback about the letter and the 3 questions I have would be great!
Thank you.
[QUOTE]This letter is being sent to you in response to a notice
[QUOTE]This letter is being sent to you in response to a notice sent to me on March 3, 2011 and received March 8, 2011 1. (Is this okay to put in when it was received or leave it out?).[/QUOTE] You can mention the date on which you received the letter. There is no harm in it.
[QUOTE]? Identify the original creditor account; 2. (Would it be smart to ask them this?) [/QUOTE] You can ask them to identify the original creditor account. If they are identifying the original creditor, then they should identify the account as well.
[QUOTE]Also, I wish to deal with the original creditor and not a collection agency. 3. (Is this okay to add or would it be improper? I would rather work with Citi Bank).[/QUOTE] You may avoid this information. If you want to deal with your original creditor, you will have to contact Citi Bank and let them know about it. You will have to ask Citi Bank to withdraw the account from collections.
You should also note that if the CA is unable to validate the debt, they will lose the right to collect the debt from you. You can also check out a sample debt validation letter from the given page:
http://www.debtconsolidationcare.com/letters/sample6.html
Read the FDCPA....they are not required to provide you with most
Read the FDCPA....they are not required to provide you with most of that information. http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
Quote:
? 809. Validation of debts (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt |
This is all they have to provide you with. No law states that have to give you licencing information or anything concerning the accounting of the debt or the SOL. I would suggest that before you start writing letters and quoting laws, you read them first.
you make demands in this letter which they are not by any laws r
you make demands in this letter which they are not by any laws required to abide by. firstly, there is no provision in the FDCPA that states how quickly a collection agency must respond to a validation request. you have no right to ask to deal with the original creditor as opposed to the collection agency - in most cases the OC has charged off the account, so they have nothing to do with the matter any longer. also, once the debt is properly validated they are not required to stay actions in any way while you "investigate" the information. finally, and just a picky note, they are allowed to contact you to let you know they received the request.
that said, its no points against for making these requests, just dont expect them to be honored.
welp while i was typing that out SoapLady said it first... oh we
welp while i was typing that out SoapLady said it first... oh well.
Thank you for all you're feedback. I'll clean it up and do other
Thank you for all you're feedback. I'll clean it up and do other revisions that are needed.
Honestly, I would make it much simpler. That is a basic form th
Honestly, I would make it much simpler. That is a basic form that is all over the internet and the moment the CA's start to read that thing they throw it in the garbage....they dont seem to take that one seriously at all because it is the same cut and paste that they have been looking at for years now.
When I send a DV it is basically something like this:
Quote:
ABC Collections 123 Main St. Anywhere, USA 12345 RE: your account number 12345678 March 9, 2011 To Whom it May Concern: I am in receipt of your letter to me, dated 3 March, 2011. I am writing to inform you that I hereby dispute your claims of indebtedness and request that you properly validate this debt in accordance with federal law. Please provide the necessary written documentation to the mailing address below. Thank you for your cooperation Respectfully, John Doe 123 Any St. Anywhere, USA 98765 |
You dont need to quote the laws to them, they already know the laws. And, if you do need to rely on the laws later, that is fine....give them the chance to properly validate before you read out the riot act on them. Keep it simple--your letter shows them that you are going to make all sorts of demands on them that they are not required to follow. My letter is short and sweet, gives them the opportunity to do it right, and still lets them know that they are dealing with someone that is aware of the law. When it comes to licensing and SOL information, you should do the research on that stuff yourself.
I totally agree on the above letter. Copying an online letter b
I totally agree on the above letter. Copying an online letter basically tells the collection agency you are clueless and have no idea of what the laws really are.