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Debt Verification letter - A tool to verify your debt

Submitted by puchodog on Mon, 03/21/2005 - 10:02
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ya gotta love lawyers for some things huh! please let me know if any of those laws have changed and any of those rules have changed ,example; proof of debt and statute of limitations. there must be state to state differences. but its very clever and what ever slows there collection process


The debt validation letter posted in here is from back a few years ago. Has anything changed since then or is all the info in that letter still valid to use?


Submitted by on Sat, 07/05/2008 - 13:36

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The debt validation letter posted in here is from back a few years ago. Has anything changed since then or is all the info in that letter still valid to use?

It's still valid but a might bit wordy. Tailor it to your situation and trim it down so it doesn't scream form letter from the internet. A simple I dispute this alleged debt in its entirety and demand validation of same will generally be sufficient.


Submitted by NASCAR_Devil on Wed, 07/09/2008 - 08:49

NASCAR_Devil

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When you are talking about someone working a 9-5 job for a collection agency, don't you think they feel bad once in a while? When they get a real A hole on the line they must love taking out their frustrations on them. I think a different approach, honey coat your request. I had some luck with sending a cover letter explaining my situation (in this case I had already paid the collections and was trying to refinance my house), I said that money was tight, business was slow, getting sued for an auto accident, etc and told them I would like them to remove the items from my credit report because I believed someone else may have used my identity without my authorization. I then sent the following letter (a slightly altered version of the second one posted here.

To Whom It May Concern:

It has come to my attention that you have placed a derogatory remark on my credit bureau files referencing the above-mentioned account number and I must ask you to provide the following information regarding this item:

1. Please evidence your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter.
2. What is your authorization of law for your collection of information?
3. What is your authorization of law for your collection of this alleged debt?
4. Please evidence your authorization to do business or operate in this state.
5. Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. (see attached FTC opinion regarding this)
6. Complete payment history, starting with the original creditor. (I need to have proof of 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

You have thirty (30) days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you have placed this derogatory information in my credit bureau files in error, and that this matter is permanently closed. I would therefore expect those entries to be immediately deleted from my files with all reporting agencies. If you cannot provide the requested documentation, and the disputed item is completely and permanently removed from my credit report within 30 days of receipt of this request, I will waive any right for further action and will consider this matter closed.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

I affirm, under penalty of perjury under the Laws of the Land for these United States of America, that the foregoing is true and correct, to the best of my knowledge and belief.

Sincerely,

NAME
ADDRESS


cc: Equifax
Experian
Transunion

I also enclosed a printed copy of this document along with the full url to the page so they could verify it's validity. http://www.ftc.gov/os/statutes/fdcpa/letters/wollman.htm


Submitted by ibuilt.net.support on Wed, 07/09/2008 - 13:36

ibuilt.net.support

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I've been paying money to Menzy and Associates since August 2006 I just found out that are no longer in business.


Submitted by on Thu, 08/14/2008 - 18:02

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hi ya'll what are the ''rules'' or regulations for a first party debt collector. ietelephone calls,every hour. a third party collector can be advised to call at a specific time that is convnient to the consumer per 805-par a sup 1..in the absence of knowledge of circumstance...where can i find the reg.s for the first party?


Submitted by on Wed, 08/20/2008 - 07:04

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if a 1st party is calling every hour, is this intent to harrass,?
and arn't they supposed to be identifiable ? ie the caller id should not read unavailable. that is a blocked call, clearly a attempt to fool the consumer, is it not? am i way off base, with my humble assumptions?
thank you ver much for your time


Submitted by on Wed, 08/20/2008 - 07:12

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I don't know if there are laws against that now but years back, my husband owed on a tire chain's credit card that he hadn't paid. I talked with the collection agency and paid it off in full (before I knew about settlements). But I used the OC's information to pay off the bill, not realizing I was talking to an outside collection agency.

A month or so later, I got a call from the CA angry about my not paying as I stated. When I explained I did pay and how (had to send proof of my canceled check), the CA rep got furious with me. Apparently I'd cost that person commission. He wasn't real nice, so I wasn't heartbroken, but it goes to show that OCs will take payments though I'm not sure if it's in all cases.

Those spewing venom on this board are obviously collectors who don't want to lose their money and are trying to discredit what's written here. Though not every CA rep is bad. My son's friend's mom works at a CA and she gave me some good advice for settlements, though what I've found here is more indepth. She'd only been doing it for a short time (about a year) so I doubt she was familiar with all the laws. You'd think they'd have to go through formal training to learn the laws of their state.


Submitted by UGotFunParties on Fri, 09/12/2008 - 14:20

UGotFunParties

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I don't know if there are laws against that now but years back, my husband owed on a tire chain's credit card that he hadn't paid. I talked with the collection agency and paid it off in full (before I knew about settlements). But I used the OC's information to pay off the bill, not realizing I was talking to an outside collection agency.

A month or so later, I got a call from the CA angry about my not paying as I stated. When I explained I did pay and how (had to send proof of my canceled check), the CA rep got furious with me. Apparently I'd cost that person commission. He wasn't real nice, so I wasn't heartbroken, but it goes to show that OCs will take payments though I'm not sure if it's in all cases.

Those spewing venom on this board are obviously collectors who don't want to lose their money and are trying to discredit what's written here. Though not every CA rep is bad. My son's friend's mom works at a CA and she gave me some good advice for settlements, though what I've found here is more indepth. She'd only been doing it for a short time (about a year) so I doubt she was familiar with all the laws. You'd think they'd have to go through formal training to learn the laws of their state.


Submitted by UGotFunParties on Fri, 09/12/2008 - 14:20

UGotFunParties

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What the hell happened to this country?? You people should be ashamed of yourselves. Abusing a legal process that is designed to protect INNOCENT people from predatory practices so you can escape from having to honor legitimate obligations... disgusting. The only good thing about our economy tanking is that the dead beats who use credit like it's welfare are going to get a very rude reality check! Been living on credit? Not anymore, chumps! After getting bit in the ass for so many billions, banks will only be giving credit out to those who deserve it. That's the it should have always been anyway.


Submitted by on Wed, 10/01/2008 - 09:50

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I've recently been contacted by National Enterprise Systems (NES) and they told me that if I didnt settle my debt with them that they would be filing suit against me to take me to court. I spoke with Several differnt people about the debt I owe and informed them of my desire to pay off my debt. They told me that I needed to come up with the money in two days or further action will be taken. I did try to come up with the funds and to show a sign of good faith gave them checking account info. Once I was unable to obtain the funds I told them to not process a debit on my account. For my protection I got them on tape saying that they would stop the withdrawal. I then sent a certified letter to them expressing my desire to pay off my debt with a check in the amount that I stated I was willing to pay per month even though they refused making payment plan. What should I do now? Have I done everything I can do?


Submitted by on Fri, 10/17/2008 - 08:45

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Should i dispute w/ the credit bureau's first? Validate with the collection agency first? and how many at a time can someone recommend i dispute because i have a hand full. Thank you confused and interesting person in fixing credit report... :?: :?:


Submitted by on Wed, 11/26/2008 - 06:12

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This letter is very helpful. Is it too late to use a letter like this after a judgment has been put on me? I'm not sure of the SOL in Minnesota. The judgment is a year old.


Submitted by Lolastar23 on Sat, 12/20/2008 - 08:07

Lolastar23

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What did you include in the above letter that states read the enclosure for an opinion regarding matteres such as these from the Federal Trade Commission. Where did you get that info? By the way this is great, thanks for sharing.


Submitted by on Fri, 01/02/2009 - 11:34

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so i sent a collection company a VOD letter in october, and nw in march of the followng year, they now say that they have the autorization to collect this debt. 5 months? i live in California.... please help.


Submitted by on Sun, 03/22/2009 - 01:27

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NES has demanded a settlement on a credit card debt by 4:30 p.m this afternoon, telling me that no payment plan is avaible that it must be paid in full. What do I need to do?


Submitted by on Mon, 06/15/2009 - 09:55

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From researching on other sites, I understand that by paying off the Credit Agency that now owns my debt, and actually securing a Pay-For-Deletion agreement so that once paid, they delete the item compeltely from my credit reports, that this does not mean that the Original Creditor will be shown or honor the Pay-For-Deletion I made with the Credit Agency they sold my debt to, nor deleted the Original creditor from my credit report. So my question is, if I am fortunate enough to get a PFD with the CA, how can I get the Original Creditor's bad mark to also reflect PFD on my credit and removed. Is there a seperate letter I need to send to the Original Creditor.


Submitted by on Sat, 07/25/2009 - 15:23

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Hello....thanks so much for the wealth of information on your website, I have a question for you please? At the end of your sample Debt Verification Letter you have a line that reads "Please read the enclosure for an opinion regarding matters such as these from the Federal Trade Commission" Can you tell me where I can find the enclose so that I can include this in my letters to the debt collectors


Submitted by on Mon, 08/03/2009 - 09:13

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A law office (Forster & Garbus - 500 Bi-County Blvd
Farmingdale, NY 11735, Has sent me a summons to appear in a local court, but there is no appearance dat. Also other dates are wrong.
There is a handwritten date of 7/9/09 and another date, in the summons, June (blank) 2009.
However I was handed this summons about 530pm this Saturday 8/14.
It states that I must answer this within 20 days.
I am tempted to send the letter you recommend demanding all sorts of evidence as to what I owe.
So what do you suggest I do now?

Thanks.

Robert Banks
631-667-6630
[email]reb4884@aol.com[/email]


Submitted by on Sat, 08/15/2009 - 15:10

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"SINCE" most adults like you must be illiterate, ya, I guess so. FOOL! Pot calling the Kettle black?

Quote:

Originally Posted by Anonymous
My 8 year old could write a better letter.
The very first sentence makes no since and the remainder of this missive is riddled with spelling error, grammatical mistake, run-on sentences, syntax errors, and improper punctuation.

The recipient(s) must think you're an uneducated, alcoholic, nut job. Or perhaps, English is your second language?

I was forwarded this link from a friend after I asked for a letter I could send to a collection agency.
This letter is terrible - I can't believe it wasn't proof read before you mailed it out, and more importantly, you posted it for others.

I know this is harsh, but this web site seems to be informational and instructive. If you want to offer a letter to send to a professional business, it better be written professionally.

BTW, the grammer and spelling contained in most of the posts on this thread are equally dreadful.

Are most adults this illiterate ?


Submitted by on Wed, 09/16/2009 - 16:52

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If you don't live in that state where the court is, they cannot take jurisdiction over you. you can file motion to quash for lack of jurisdiction.

[QUOTE=Anonymous;460711]A law office (Forster & Garbus - 500 Bi-County Blvd
Farmingdale, NY 11735, Has sent me a summons to appear in a local court, but there is no appearance dat. Also other dates are wrong.
There is a handwritten date of 7/9/09 and another date, in the summons, June (blank) 2009.
However I was handed this summons about 530pm this Saturday 8/14.
It states that I must answer this within 20 days.
I am tempted to send the letter you recommend demanding all sorts of evidence as to what I owe.
So what do you suggest I do now?

Thanks.

Robert Banks
631-667-6630
[email]reb4884@aol.com[/email][/QUOTE]


Submitted by on Wed, 09/16/2009 - 16:56

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Quote:

Originally Posted by Anonymous
Hello....thanks so much for the wealth of information on your website, I have a question for you please? At the end of your sample Debt Verification Letter you have a line that reads "Please read the enclosure for an opinion regarding matters such as these from the Federal Trade Commission" Can you tell me where I can find the enclose so that I can include this in my letters to the debt collectors


Yes please, what is the enclosure?


Submitted by on Mon, 09/21/2009 - 20:38

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[COLOR=black]I received a summons, delivered in person, stating that a debt collector was suing me. I called the attorney listed on the summons and asked if he could give me any information regarding this debt, as I had no idea. As the summons stated it, it was an old credit card debt from MBNA. I asked the attorney if he could give me the account number that this was in reference to but he refused. I later called Bank of America, after finding the account number in one of the exhibits attached to the summons, but they could not give me any information regarding the account, only saying it had been charged off and gave another number to call. I called the number of the collection agency who then transferred me to their attorney. The collection agency's attorney said they already had a judgment against me and hung up on me. I showed up to the court date late and missed my call, and there was already a judgment of default placed against me. I applied for and received a motion to dismiss judgment and am awaiting a status trial. My question is this; I am going to send certified letters to the attorney who sent me the summons, Bank of America, and the collection agency requesting debt verification. I currently have accounts in good standing with Bank of America and cannot understand how this one could have gone to collections, nor could they tell me. I have no record of this account, and therefore no verification that this is even a valid debt. As it has been over 30 days since the original summons, and I have a status hearing coming up, does the attorney have obligation to prove this is a valid debt, or that he has done due diligence in ascertaining that is a valid debt. The only thing things that were sent to as exhibits, were a generic credit card contract (none with my signature) and a judgment from some "National arbitration forum", which I have never heard of.[/COLOR]


Submitted by on Wed, 09/23/2009 - 18:50

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NAF is being sued Class Action, largely precisely for this very reason. Get in on the Class here:
"http://milberg.biz/naf.html"

Also, about your present situation, file complaints with the BBB, the FTC, your State Attorney General, the Bureau of Consumer Affairs, etc.

If you already have a summons, then a DV letter will do you no good. What you need to do is file a Motion for Discovery. Call your local county civil court (or Google their website) for more info and the proper forms. (If it's not on the county website, check the state.)

As far as the other "judgement", call the court on that one, and file a Motion to Vacate due to Improper Service (since you never knew about it). It will likely be better to go in to the courthouse itself, though, because from what I gather, the telephone clerks can often be unhelpful.


Submitted by Chrys Henderson on Wed, 09/23/2009 - 21:39

Chrys Henderson

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My motion to vacate judgement was accepted. I have a status hearing next month. I will probably have to go down to the courthouse to file the motion of discovery as I could not find anything on the county's website. I am assuming that the process is fairly simple, but is there any special language that I need to use when filing for the motion?


Submitted by on Tue, 09/29/2009 - 10:18

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Pulled my credit report & saw an Applied Card Bank as derogatory on my husband's credit. Tried calling & was told this was sent to an attorney. Called the Attorney and was told that they do not accept payments. I had to pay it off or go to court. The "attorney" would not verify the debt. I had an attorney friend of mine call and he still has never received anything from them, yet it is still on my credit report. I called them again and had to do a conference call with my attorney friend to prove that I could handle this on my own. Then when I requested verification, they told me that the could not get that. I then told them that I am going through Debt reduction services and have to have it for them. They said that they will not work with debt reduction services. I then Mailed them a letter requesting debt validation. I mailed it certified to the "attorney" and to two different addresses for Applied card bank. The attorney called my husband today and told him that they are sending this to court. That our alloted time to request verification has "expired" and they do not have to provide me with any proof. What should I do now? My letter was as follows:

To: attorney
address

CC: Applied bank
address #1

CC: applied bank
address #2

re: husband's name
address

Account #:

To whom it may concern:

This is a written request for validation of the debt referred to in your recent letter. The Federal Trade Commission, in 15 U.SC. 1692g, requireds that debt collectors cease collection of a debt until verification of that debt is mailed to consumers.

Please provide this information in writing via U.S. mail at the address listed above.

Sincerely,


Submitted by on Mon, 10/19/2009 - 13:26

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