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Validation

Date: Wed, 03/30/2011 - 11:13

Submitted by anonymous
on Wed, 03/30/2011 - 11:13

Posts: 202330 Credits: [Donate]

Total Replies: 5


[COLOR=black]I have found some great advice on this site on how to deal with collection calls. One told me to send a validation letter (see below), in the letter they say to ask if the collector is licensed to collect in my state and to also provide license number and registered agent. If the collector cannot provide this information what do I do next? Do I still pay the debt that they have supposedly validated? if not how do I respond to their calls?[/COLOR]

[COLOR=black][FONT=Arial]Your Name[/FONT][/COLOR][FONT=Arial]
[SIZE=3]123 Your Street Address[/SIZE]
[SIZE=3]Your City, ST 01234[/SIZE]
[COLOR=black]ABC Collections[/COLOR]
[SIZE=3]123 NotOnYourLife Ave [/SIZE]
[SIZE=3]Chicago, IL[/SIZE]
[COLOR=black]Date:[/COLOR]
[COLOR=black]Re: Acct # XXXX-XXXX-XXXX-XXXX[/COLOR]
[COLOR=black]To Whom It May Concern: [/COLOR]
[COLOR=black]This letter is being sent to you in response to a notice sent to me on September 30, 2002). 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. [/COLOR]
[COLOR=black]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. [/COLOR]
[COLOR=black]Please provide me with the following: [/COLOR]
[COLOR=black][SIZE=3]?? What the money you say I owe is for; [/SIZE][/COLOR]
[COLOR=black][SIZE=3]?? Explain and show me how you calculated what you say I owe; [/SIZE][/COLOR]
[COLOR=black][SIZE=3]?? Provide me with copies of any papers that show I agreed to pay what you say I owe; [/SIZE][/COLOR]
[COLOR=black][SIZE=3]?? Provide a verification or copy of any judgment if applicable; [/SIZE][/COLOR]
[COLOR=black][SIZE=3]?? Identify the original creditor; [/SIZE][/COLOR]
[COLOR=black][SIZE=3]?? Prove the Statute of Limitations has not expired on this account [/SIZE][/COLOR]
[COLOR=black][SIZE=3]?? Show me that you are licensed to collect in my state [/SIZE][/COLOR]
[COLOR=black][SIZE=3]?? Provide me with your license numbers and Registered Agent [/SIZE][/COLOR]

[COLOR=black]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. [/COLOR]
[COLOR=black]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. [/COLOR]
[COLOR=black]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. [/COLOR]
[COLOR=black]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. [/COLOR]
[COLOR=black]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.[/COLOR]
[COLOR=black]Best Regards,[/COLOR]
[COLOR=black]Your Signature[/COLOR]
[FONT=Times New Roman][COLOR=black]Your Name[/COLOR][/FONT]
[/FONT]


One that is getting really nasty with phone calls to my family and friends is United Cash Loans. I borrowed 400.00 and I live in Utah


lrhall41

Submitted by on Wed, 03/30/2011 - 13:12

( Posts: | Credits: )


[quote] It would be advisable that you assure that your records are in order before I am forced to take legal action. {/quote]
[FONT=Times New Roman][SIZE=3][/SIZE][/FONT]
Hi - Just wanted to add a few comments.
[FONT=Times New Roman][SIZE=3][/SIZE][/FONT]
Are you within the 30 day window (i.e. you are responding to their first notice of the debt to you)?
[FONT=Times New Roman][SIZE=3][/SIZE][/FONT]
I also might tone the letter down just a bit and I'll tell you why. The letter you have above has circulated the internet for years. Creditors and collection agencies know this. They will know it was copied and pasted, and they will also attempt to get you going, which brings me to my next comment.
[FONT=Times New Roman][SIZE=3][/SIZE][/FONT]
The reference about you bringing legal action against them. Before you include that, make absolutely sure that you are 100% committed to filing the complaints that you are threatening to immediately should they do what you instructing them will bring this legal action.
[FONT=Times New Roman][SIZE=3][/SIZE][/FONT]
Also, note the 30 day time frame you are giving them. They are not required to provide validation within that 30 day period. They can take 6 months if they want to, BUT they cannot continue collection activity until they have provided the requested validation. Again, this only applies though if this was their first contact with you and you are inside YOUR 30 day window. You can request validation at any time, but only during the initial 30 day window are restrictions placed on them.
[FONT=Times New Roman][SIZE=3][/SIZE][/FONT]
[FONT=Times New Roman][SIZE=3]Again, these are just a few basic comments. Just make sure you understand exactly what you are requesting and relating that you will do if the conditions are not met and be prepared to follow through as they will quickly conclude you are blowing smoke. Don't let this happen and don't put yourself in that position :) [/SIZE][/FONT]
[SIZE=3][/SIZE]


lrhall41

Submitted by New2011 on Wed, 03/30/2011 - 16:19

( Posts: 14 | Credits: )


[COLOR=black]Thank you for the help. This all very new to me and although I am committed to make these debts right I am not in a financial place to do so all at once. Some of the creditors are getting very nasty even though I am trying to work with them. It was a last resort to go to the internet for help and this was the letter I found. I will take your suggestions and re-work the letter[/COLOR]
.


lrhall41

Submitted by on Wed, 03/30/2011 - 18:18

( Posts: | Credits: )