Debt validation letter snafu???
Date: Wed, 01/05/2011 - 13:35
On both of my letters to the creditor the form I used did not stipulate a copy of the contract that gives the CA the right to collect, or that the debt has been purchased by the CA.
Can or should I send an updated letter? A couple of CA'S responded with one copy of a statement. Are there any good sources for letters or forms to use when disputing a debt?
I was told I should have requested a copy of the contract giving the CA the right to collect.
Any help would be appreciated.
[FONT=Times New Roman][SIZE=3]
[RIGHT][RIGHT][COLOR=black][FONT=Arial]11/29/2010 [/FONT][/COLOR][/RIGHT][/RIGHT]
[COLOR=black][FONT=Arial]TO: [/FONT][/COLOR]
[COLOR=black][FONT=Arial]I am writing in response to your letter dated 10/29/2010, (copy enclosed) because I do not believe I owe what you say I owe. [/FONT][/COLOR]
[COLOR=black][FONT=Arial]This is the first I've heard from you or any other company on this matter therefore, in accordance with the Fair Debt Collection Practices Act, Section 809(b): Validating Debts: [/FONT][/COLOR]
[COLOR=black][FONT=Arial](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. [/FONT][/COLOR]
[COLOR=black][FONT=Arial]I respectfully request that you provide me with the following information: [/FONT][/COLOR]
[COLOR=black]?? [/COLOR][COLOR=black][FONT=Arial](1) The amount of the debt; [/FONT][/COLOR]
[COLOR=black]?? [/COLOR][COLOR=black][FONT=Arial](2) The name of the creditor to whom the debt is owed; [/FONT][/COLOR]
[COLOR=black]?? [/COLOR][COLOR=black][FONT=Arial](3) Provide a verification or copy of any judgment (if applicable); [/FONT][/COLOR]
[COLOR=black]?? [/COLOR][COLOR=black][FONT=Arial](4) Proof that you are licensed to collect debts in California.[/FONT][/COLOR]
[COLOR=black]?? [/COLOR][COLOR=black][FONT=Arial](5) [/FONT][/COLOR]
[COLOR=black][FONT=Arial]Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. For instance, I know that: [/FONT][/COLOR]
[COLOR=black][FONT=Arial]I have disputed this debt; therefore, until validated you know your information concerning this debt is inaccurate. Thus, if you have already reported this debt to any credit-reporting agency (CRA) or Credit Bureau (CB) then, you must immediately inform them of my dispute with this debt. You should know that reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act ?? 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDCPA. [/FONT][/COLOR]
[COLOR=black][FONT=Arial]Finally, if you do not own this debt, I demand that you immediately send a copy of this dispute letter to the original creditor so they are also aware of my dispute with this debt. [/FONT][/COLOR]
[COLOR=black][FONT=Arial] [/FONT][/COLOR]
Best Regards:
[COLOR=black][FONT=Arial][/FONT][/COLOR]
:?:[/SIZE][/FONT]
Can or should I send an updated letter? A couple of CA'S responded with one copy of a statement. Are there any good sources for letters or forms to use when disputing a debt?
I was told I should have requested a copy of the contract giving the CA the right to collect.
Any help would be appreciated.
[FONT=Times New Roman][SIZE=3]
[RIGHT][RIGHT][COLOR=black][FONT=Arial]11/29/2010 [/FONT][/COLOR][/RIGHT][/RIGHT]
[COLOR=black][FONT=Arial]TO: [/FONT][/COLOR]
[COLOR=black][FONT=Arial]I am writing in response to your letter dated 10/29/2010, (copy enclosed) because I do not believe I owe what you say I owe. [/FONT][/COLOR]
[COLOR=black][FONT=Arial]This is the first I've heard from you or any other company on this matter therefore, in accordance with the Fair Debt Collection Practices Act, Section 809(b): Validating Debts: [/FONT][/COLOR]
[COLOR=black][FONT=Arial](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. [/FONT][/COLOR]
[COLOR=black][FONT=Arial]I respectfully request that you provide me with the following information: [/FONT][/COLOR]
[COLOR=black]?? [/COLOR][COLOR=black][FONT=Arial](1) The amount of the debt; [/FONT][/COLOR]
[COLOR=black]?? [/COLOR][COLOR=black][FONT=Arial](2) The name of the creditor to whom the debt is owed; [/FONT][/COLOR]
[COLOR=black]?? [/COLOR][COLOR=black][FONT=Arial](3) Provide a verification or copy of any judgment (if applicable); [/FONT][/COLOR]
[COLOR=black]?? [/COLOR][COLOR=black][FONT=Arial](4) Proof that you are licensed to collect debts in California.[/FONT][/COLOR]
[COLOR=black]?? [/COLOR][COLOR=black][FONT=Arial](5) [/FONT][/COLOR]
[COLOR=black][FONT=Arial]Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. For instance, I know that: [/FONT][/COLOR]
- [FONT=Arial]Because I have disputed this debt in writing within 30 days of receipt of your dunning notice, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense; [/FONT]
- [FONT=Arial]You cannot add interest or fees except those allowed by the original contract or state law. [/FONT]
- [FONT=Arial]You do not have to respond to this dispute but if you do, any attempt to collect this debt without validating it, violates the FDCPA; [/FONT]
[COLOR=black][FONT=Arial]I have disputed this debt; therefore, until validated you know your information concerning this debt is inaccurate. Thus, if you have already reported this debt to any credit-reporting agency (CRA) or Credit Bureau (CB) then, you must immediately inform them of my dispute with this debt. You should know that reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act ?? 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDCPA. [/FONT][/COLOR]
[COLOR=black][FONT=Arial]Finally, if you do not own this debt, I demand that you immediately send a copy of this dispute letter to the original creditor so they are also aware of my dispute with this debt. [/FONT][/COLOR]
[COLOR=black][FONT=Arial] [/FONT][/COLOR]
Best Regards:
[COLOR=black][FONT=Arial][/FONT][/COLOR]
:?:[/SIZE][/FONT]
Sending a debt validation letter does not give the rights to the
Sending a debt validation letter does not give the rights to the collection agency (CA) to collect the dues. You can always send an updated debt validation letter to the CA and ask them to validate your debt. If they can't validate the debt, then they shouldn't call you any further.
