Debtconsolidationcare.com - the USA consumer forum

Dealing with agency

Date: Tue, 05/13/2008 - 10:57

Submitted by mike.mcgehee
on Tue, 05/13/2008 - 10:57

Posts: 4 Credits: [Donate]

Total Replies: 3


Hi there,

A few months ago in December I received a bill for a credit card I paid back in 2003 from midland credit management. So I sent them this letter that I sampled from this site:

Quote:
Dear Sir/Madam,

This letter is being sent to you in response to a notice sent to me on November 27, 2007 in regards to Acoount #*****. 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.

In accordance with the fdcpa, I have the right to request for a validation and you are required to verify the validity within 30 days. This is asking for adequate 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 to legal ramification.

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.
4. Prove the Statute of Limitations has not expired on this account.
5. Documentation that you are licensed to collect in my state.
6. Provide me with your license numbers and Registered Agent
7. If you are unable to provide these documents, reply with a letter of deletion for this account.

Please respond with the requested information within 30 days, as required by law. 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. If you are unable to provide any or all of the documentation requested I ask that you send me a letter of deletion so that I may have this cleared from my credit report and that all attempts to collect this supposed debt are ceased. If your offices are able to provide the proper documentation as requested in the following (spam filter word), I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

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. All future communications with me must be done in writing and sent to the address noted in this letter by USPS.


With regards,


A few week later and they send me a letter asking me to call them to discuss the matter, but nothing else. I don't call.

So under the advice of this forum I took the next step of sending them this letter:

Quote:
Dear Sir/Madam,
I had sent you a request to validate my debt, account no. ****** on 12/03/2007.

According to the Fair Debt Collections Practices Act (FDCPA), I have the right to claim a validation of the debt and you are obliged to provide me the relevant documentation. I have received no reply from you except the confirmation of receipt of letter. I have given you over 90 days to comply with my request.
You are now in violation of the FDCPA and subject to a fine of $1,000(refer to the act for updated value), which I may collect by filing a claim in the courts and with the FTC. I intend to continue with this course of action if I do not hear back from you within the coming 15 days.

I have attached a copy of my original letter so that you may provide me with the documentation I requested. If your offices fail to respond to this validation request, 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.

If you are unable to provide any or all of the documentation requested I ask that you send me a letter of deletion so that I may have this cleared from my credit report and that all attempts to collect this supposed debt are ceased. If I receive a letter of deletion from your agency I will consider this matter closed. If your offices are able to provide the proper documentation as requested in the following , I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
This might result in a bad mark on your reputation. This might even result in serious legal trouble with the FTC and other state and federal agencies.
PLEASE TAKE NOTE OF THIS.



So now that time has expired and I haven't received a single bit of information from these people. What should be my next step?


I may have missed it, but what state are you in, and has the SOL expired?

I have been trying to get validation for over a year from a CA. They pass it off after I send a DV letter, or follow up letter.

Any time they contact you by phone, keep dates and notes of this, as they are not to contact you until validation.

I have a folder of notes, letters, conversations from dealing with this company, should they decide to do something. I have also noted in my follow up letters instances of when they broke violations, such as contacting me, calling a lending place and telling them to contact me, that I need money, etc.

Wait and see what happens. If you paid this, do you have documentation to show it was paid?

I paid off a hospital bill years ago, about 8 years later a CA contacted me for paymnet. I, of course, didn't have my checks and couldn't remember when I paid them. I had one of their collectors whisper to me to write a cease and desist letter stating this had been paid, it was out of the SOL, etc. They finally left me alone! Good Luck.karen


lrhall41

Submitted by Bossy4455 on Tue, 05/13/2008 - 11:08

( Posts: 5854 | Credits: )