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I did it! Sent validation letters!

Date: Wed, 02/15/2006 - 17:23

Submitted by Mary
on Wed, 02/15/2006 - 17:23

Posts: 1344 Credits: [Donate]

Total Replies: 74


Hi all,

Well, I took my first step towards repairing my DISASTER of a credit report. I sent 4 debt validation letters! I sent them Certified mail, with return receipt. I am pretty nervous and excited at the same time. I followed all the tips that I have received here, and I thank all of you for helping me with this process. When I found this forum I didn't even know what a debt validation letter was!! I am pretty sure that at least 2 of these accounts are not mine, so hopefully those will eventually be deleted and my credit score will go up a bit. I still have a lot of steps to take....once I take care of these smaller problems on my credit, and I have a more steady income from my job, I will probably look at debt consolidation to manage my horrendous amount of medical bills on the credit report. Anyway, I will keep you guys updated on what happens next, and again, thank you so much for the support guys and gals!

~Mary :)


Hey Mary, how much are we talking about here?? how much is the debt? If they get sued by, not even everyone, but even almost everyone for the violation of the privacy policy--it will cost them a heck of a lot more than what this debt is, I'll bet. Girlie, I believe you have the trumph card here with this. use it to your advantage. They'll buckle, I'm willing to bet they will. Write them a long letter telling them of this situation, their violation of the privacy policy in doing this and what you want out of it, or you will be contacting the others and your lawyer. certified return receipt goes without saying. JMHO here. let us know what you decide to do. shirley


lrhall41

Submitted by imkimssister on Tue, 03/14/2006 - 13:34

( Posts: 1301 | Credits: )


The actual debt is only $246!! I actually had my mind set that I was just going to pay it and have a paid collection on my credit report, until I got his response from my validation letter! Even if they were sued by JUST ONE of the victims here, with each fdcpa violation being what, $1000? they would be WAY better off just letting my debt go, considering they probably paid $20 or $20 to buy it from the original creditor! I'm going to start drafting a letter today...as if I didn't have enough to do!! LOL!!!

~Mary :)


lrhall41

Submitted by Mary on Tue, 03/14/2006 - 13:39

( Posts: 1344 | Credits: )


To the Bozo who gave me 20 other peoples personal information in my validation packet:

How would you like me to share this information with the fdcpa? That's what I thought. My attorney thought so too.

That's why you're going to remove all records of this debt from my credit report!

LOL


lrhall41

Submitted by Jessi on Tue, 03/14/2006 - 14:27

( Posts: 3361 | Credits: )


Maybe section 3 of this could apply?
[quote]
?? 806. Harassment or abuse [15 USC 1692d]

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.

(4) The advertisement for sale of any debt to coerce payment of the debt.

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.[/quote]

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text


lrhall41

Submitted by Jessi on Tue, 03/14/2006 - 15:25

( Posts: 3361 | Credits: )


OK, here's what I have so far...constructive criticism welcome :)

Dear Mr. (dumb guy's name),

I am writing this letter in response to the validation packet I have received. I appreciate your rapid response, but what I don't appreciate is the fact that you also included the personal information of 15-20 other people. In the packet that was sent, I received 4 cell phone bills of a Ms. (poor sap's name). I also received many pages of fax cover sheets with lists of people's names and apparently the amounts of checks that were bounced at various Safeway companies. What I found most interesting is the fact that you included many pages from several bankruptcy courts, showing the names, addresses, and partial social security numbers of people who have filed for bankruptcy.

What am I expected to do with these papers? I am disgusted with the lack of professionalism that has been shown here. It makes me wonder what you have done with MY personal information. My lawyer was pretty disgusted with it as well. As he said, this is a clear violation of the fdcpa (please refer to ?? 806. Harassment or abuse [15 USC 1692d], section 3: The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.), and if we were to let even a few of these people know that their rights had been violated, your company would be out thousands of dollars.

Where do we go from here? As I see it, we have a few options. Number one ??? I call my lawyer again, we contact every person who has had their personal information tossed around, and we create a lawsuit (or they can each sue individually???how much is it for one FDCPA violation, $1000? Multiply that by 15 or 20???ouch). Or number two ??? you immediately delete the account in question off my credit report, with an assurance in writing that it will not be placed there again or sold to another collection agency, and I send you back all of the papers that I didn't ask for. Please let me know what you decide within 15 days of receiving this letter. I look forward to another speedy response from you.

Suggestions?

~Mary


lrhall41

Submitted by Mary on Tue, 03/14/2006 - 15:50

( Posts: 1344 | Credits: )


here ya go Heather. There are sample letters you can use here in the forum. Look on the left side of you screen on the menu and you will see 'do it yourself'--click there and it will take you to what you need. There are all types of letters there that might come in handy! If this isn't exactly what you're looking for, go over to the sample letter page and you're sure to find something to fit what you need. You can change the wording around a little if you need to, but its the basic format of what you need to send.

Quote:

Letter for debt validation

Your name
Your address

Collection Agency Name
Collection Agency Address


Date:

Re: Account No:

Dear Sir/Madam,


I was going through a copy of my credit report and noticed that there was a collection from your agency on my credit report, which I was not notified about. I don't refuse to pay, but this is a notice that your claim is disputed.

In accordance with the fdcpa, I have the right to request for a validation of my debt. This is asking for proof regarding this and verifying the same.

You must be aware that reporting such inaccurate information will result in defamation of character and it would leave a dark patch on my credit report. You are supposed to stop all collection activities including reporting this information on my credit report. I'm sure you are aware of the fact that non-compliance with this request will lead you to legal trouble.

Please attach copies of the following with the reply:
1. The agreement which authorizes the creditor to collect debt on the alleged debt.
2. The signed agreement from the debtor conforming to pay the creditor
3. The documents regarding the payments made on this account validating the amount.

With regards,


Your signature
Your name


lrhall41

Submitted by imkimssister on Wed, 03/15/2006 - 09:42

( Posts: 1301 | Credits: )