debt validation failed,please help.

Date: Wed, 01/14/2009 - 05:03

Submitted by anonymous
on Wed, 01/14/2009 - 05:03

Posts: 202330 Credits: [Donate]

Total Replies: 16

I recently discovered there are two debts on my credit history
1. 158$ to a collection agency Zenith Acquisition
2. 132 to a collection agency NCO FIN/27

I have sent debt validation letters, regular mail:(,to both but they did not reply in two months time. I was trying to validate the debt and then was planning to negotiate PFD.

I called NCO. they said they do not have my debt anymore and that it is back with Bank of America. told me to call the bank. They also said they see a debt of 400 something dollars. On my credit report I see only 158.
what to do with this?

About the other one: I called, they found my debt and advised me to pay immediately and take their word it would be reported. When I asked about debt validation they said they never heard about this. I said I would not pay without debt validation. The lady said: do what you want to do and hung up.
What should I do here?

Please help, I need both of these removed so I can proceed with my school loan application.
Thank you. I immensely appreciate help.

Steve

You need to send this certified mail return receipt requested. F

You need to send this certified mail return receipt requested. Format it to your needs and do not sign your name, only print it. When the green card comes back then you just wait it out. Most likely it will go back to the OC and they will sell it to another debt collector and you will have to do the same again.

Your Name
Your Address
CITY/Town, STATE ZIPCODE

Date: March 9, 2005

Collection Agency Name
Address
CITY/Town, STATE ZIPCODE

Re: Acct Ref. # XXXXX and XXXXX

To Whom It May Concern:

This letter is being sent to you in response to a alleged debt. 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
.
What I need you to provide as the debt validation is as follows:
1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide me with copies of any papers that show I agreed to pay what you say I owe;
4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

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:
1. Violation of the Fair Credit Reporting Act
2. Violation of the Fair Debt Collection Practices Act
3. 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 investigating this information and during such time all collection activity must cease and desist.

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.

It would be advisable that you assure that your records are in order before I am forced to take legal action.

Best Regards,