original debt is 911.00 3000. in interest? collection letter

Taylor this letter to your needs. Send it certified mail Return receipt requested.



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.

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.

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

Please read the enclosure for an opinion regarding matters such as these from the Federal Trade Commission

Best Regards,

Your Name Here.

Thank you! However-that was the letter I already sent them. Now I'm trying to see if there's any recourse I can have about the 3000.00 in interest they are trying to charge me.

:shock:

I feel like I'm in a bad dream. It took them 5 months to send me the validation. I cannot imagine anyone could work slower!
The statement they sent me is from 2003. So, it's been accruing interest since then, and I had no clue (and it's iffy if I've seen the statement they sent, before today!

What did they send you as proof of validation?

I think if I were you I would look up your state laws on collection practices, I know in mine (OHIO) a collection agency who owns the debt can NOT charge interest unless they have a signed agreement with the debtor, and it's capped at 8%. So, you may want to check into that, also, what is the name of this CA?

As validation, they sent me a statement, like a bill that would have been sent to me in the mail, like a monthly statement.

They are "Sharron and lipshie" an apparentl law firm in Garden city new york?

Is what they sent me a validation or just a bill?

Was the monthly statement from them, or the original creditor, who's name is at the top of the letterhead?

It was from the original creditor. DOes that make a difference?

The cover letter was their letterhead, directing me to call a Mr Harvey, who is my representative??
I'm really confused.

Well, here is link where you can read what proper validation is. Scroll down the page a little.
http://www.debtconsolidationcare.com/validation.html
??
I hope this helps!

Is that letter you received suppose to be thier attempt at validation? I really don't think what they sent you is proper validation, but I would rather that someone else with knowledge about this answer you, I wouldn't want to give you the wrong info. BUT, if it isn't proper validation, then they have violated the fdcpa, which means you can turn around and sue them for violating the FDCPA. Just hang in there and wait until someone with more knowledge about this comes along, to advise you. :D

Thank you, really. So much. I'll stick around. :)

You're quite welcome, just keep your chin up! :D

That is not sufficient validation. Is there any charges on this statement? From what I understand,they must provide statements from the time the account was open to delinquency.

Send them another letter and state you want more information for proof including whats in this letter:

Your name
Your street address
Your city



Date:

RE: account number

Dear Sir/Madam,

I had sent you a request to validate my debt, account no.__________ on____________.

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 on____, whereas the other credit bureaus have sent their ??????verified?????? document.

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. I intend to continue with the suit if I don??????t hear back from you within the coming <10> days.

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.

Your Signature,
Your Name

oh yeah and don't sign it, a typed name is sufficient.

OK, so this means that I need to request validation again because they didn't send the right thing this time.

Now, in the letter, it says other creditors, and there are none, so I can just modify this to exclude that part?

I'm sorry I sound so naive. I am trying to make sense of this. Thanks again!

change "I sent you a request to validate my debt" to "a request to validate the above mentioned debt". Dont send them ANYTHING that has you saying "my debt".

Send them a copy of the original letter that you sent them also. This will show that you are once again requesting validation.
What they sent you is not anywhere near proper Validation.

OK, I'll bite. Why only a typewritten name, and not a signed one?

Just curious.

I could think of many reasons why, I just want to see if I'm anywhere in the ballpark with my reasoning.

If you sign your name, they can copy your signature and you could be admitting to a debt.