Confused
Date: Thu, 10/23/2008 - 15:33
Ask them for debt validation3. Here is a sample debt negotiation
Ask them for debt validation3. Here is a sample debt negotiation letter: -
Quote:
Your Name Your Address CITY/Town, STATE ZIPCODE Date: March 9, 2005 This is an Example of a Letter I have sent off to various collection agencies. It is a combination of a couple other Examples I had found and re-worded. It is a rather strong armed approach in content, but this is my first Salvo to verify these, and then use the debt settlement Proposal to Collector approach to try to settle any that do not drop of my Credit Report and get properly Verified. I do have a concern in this regards especially as I have a Son and Grandson with the Exact Same name as me, except I am a Jr. and they are III and IV and want to make sure I have no mixed accounts. 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 notice a couple entries by your company on my credit reports. 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 do I need you to provide as the debt validation. ??????? What the money you say I owe is for ??????? Explain and show me how you calculated what you say I owe ??????? Provide me with copies of any papers that show I agreed to pay what you say I owe ??????? Provide a verification or copy of any judgment if applicable ??????? Identify the original creditor ??????? Prove the Statute of Limitations has not expired on this account ??????? Show me that you are licensed to collect in my state ??????? Provide me with your license numbers and Registered Agent ??????? 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. ??????? 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.. ??????? 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 (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: Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act 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. This is an attempt to correct your records; any information obtained shall be used for that purpose. Please read the enclosure for an opinion regarding matters such as these from the Federal Trade Commission Best Regards, Your Name Here. |
You can also get some more DV letters in Sample Letters for your reference
Guest, did she have the agreement in writing? Nevr agree to anyt
Guest, did she have the agreement in writing? Nevr agree to anything without it being in writing.
Spoke to the attorney for Franklin CA, he stated that the card w
Spoke to the attorney for Franklin CA, he stated that the card was last used april 2006 which I know is invalid. The card had not been used since 2003. I asked what was charge but he couldn't say. He stated that she charged $4500 on the cc. I told him how could she when the cl was $800. He called me a liar! He stated that there is no way the card went from 800 - 6000 without her charging at least 4000. It seem like he didn't have a lot of answers that I needed. Anyway, to make it short, I told him to do whatever he needed to do. My wife is disabled and has very little (no house, car, ect...only a small SS monthly).
I have a DV letter ready to go (thank you Phoenix)....should I send it to Franklin and the attorney.....or just Franklin?
I also pulled her CR but did not see any inquires from either one....attorney stated the CA bought her debt and owns her SS#.
Thanks!
I live in florida. I just hung up the phone with Franklin CA and
I live in florida. I just hung up the phone with Franklin CA and they have no record of my wife in their system....hhmmm! I beleive I will DV attny Paul Coleman. Does anyone have their mailing address?
Thanks
What type of debt is this? Is it a credit card? Store card or
What type of debt is this? Is it a credit card? Store card or bank card? SOL in FL for a store card would be 4 years and a bank card would be 5 years. This would be from the date of last payment. Also, FL is one of 18 states where a payment does not reset the SOL unless it is accompanied by a written promise to pay so this debt may be out of statute.
Found a couple addresses in this thread but not sure which to us
Found a couple addresses in this thread but not sure which to use:
http://www.debtconsolidationcare.com/collection-agencies/coleman-law-office.html
It was a bank card. Payment has not been made since 08/2003. The
It was a bank card. Payment has not been made since 08/2003. There has been no written agreement with anyone. Also, when I asked for verification with Coleman's office, they stated that they can't they are a law office, not a CA.
If the majority of their practice is in the collection of debts
If the majority of their practice is in the collection of debts then they are by definition, a debt collector and subject to the fdcpa. Coleman is licensed to practice law in MA but not FL. Record any conversations you have with them. Also,if 08/03 was the last payment then this debt is out of statute. Send them a debt validation (DV) letter but I wouldn't pay them another penny.
Just an update. I checked my wife's CR...there has been no inqui
Just an update. I checked my wife's CR...there has been no inquiries like Coleman said. I faxed a DV and a certified DV letter today. Also a C/D. Lets see what happens.
Thanks all!