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debt nightmare

Date: Mon, 09/24/2007 - 21:21

Submitted by anonymous
on Mon, 09/24/2007 - 21:21

Posts: 202330 Credits: [Donate]

Total Replies: 7


I would appreciate any help you can provide. I negotiated payment to a debt collector (33 percent of what was originally owed). I paid via "electronic transfer", the debtor went away... 6 months later, I'm receiving letters again regarding the same orginal debt I settled in full but now from a different debt collector. They assured me this would not happen, I'm devestated and now after settling with a few of these companies, totally broke. How can they do this, and what is my recourse?


You should have gotten something in writing saying the amount you were paying was settling the account and you would no longer owe them anything. I would call the person you dealt with and see if you can get that letter now. I would send a validation request letter to this other collector in the mean time.


lrhall41

Submitted by pybasj on Mon, 09/24/2007 - 21:56

( Posts: 818 | Credits: )


Anthony Lemmons had posted this sample letter in another thread. Hope it helps.


Quote:

(Your name)
(Your address

Collection company name
Company address

(Date)

Re: Acct# 00000000

To whom it may concern:


This letter is being sent to you in response to a notice sent to me on March 8th, 2050. Please 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 Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

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

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major credit Bureaus (Equifax, Experion 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-reporting inaccurate information
2. Violation of the Fair Debt Collection Practices Act-continuing collection activity on a debt which has not been validated

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 listing of any information to 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.

REQUEST FOR CEASE AND DESIST OF CONTACT BY YOUR OFFICE: I would also like to request, in writing, no further contact, either in writing or telephone be made by your office to my home or to my place of employment, unless it is to provide validation or release of liability of the debt. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with third parties, it will be considered harassment and I will have no choice but to file suit.

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.

Thank you,

Signature
Printed name


lrhall41

Submitted by pybasj on Mon, 09/24/2007 - 22:01

( Posts: 818 | Credits: )