14990624
Date: Mon, 06/27/2011 - 15:11
Personal information removed
West Asset Management, Inc.
2253 Northwest Pkwy SE
Marietta, GA 30067-8764
RE: 14990624
To : West Asset Management, Inc / Southwestern Medical Center / Dr. Birdwell
This letter is being sent to you in response to a phone call I received on. June 27th, 2011
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.
I humbly request your Debt Collection agency to provide me with the following information in order to validate this debt:
- Show me what do I owe this money for; and what purchases did I make or what Services did I receive?
- Show me the details and calculations of how you calculated that amount.
- Provide me with letters or proof that I agreed to pay what you say I owe.
- Provide me with verification or judgment of any debts owed.
- Identify to me the Original Creditor from whom I made the purchase.
- Prove that the Statute of Limitations has not expired on this debt
- Show me that you are licensed to collect this debt in my State
- Show me your Debt Collection Rights License #
- Show me that you are authorized to collect this debt on behalf of the Original Creditor.
- Give me a complete transaction and payment history from the Original Creditor.
- Show me what the original amount was when this Debt was assigned to your Debt Collection Agency. **
- Show me any fees and interest charges that have been added on to this debt. **
- Show me how you determined and arrived at these fees. **
- Give me a copy of the original documents with the Original Creditor.
** These debt validation requests are Law under the following Court Case:
Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004
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:
- Fair Credit Reporting Act
- Fair Debt Collection Practices Act
- Defamation of Character
If your offices are able to provide me with all the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate 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.
Best Regards,
This is a public forum. You have sent a private message in a pub
This is a public forum. You have sent a private message in a public forum. Do you have any query related to this letter?
Mae....we are NOT West Asset Management. You posted to a public
Mae....we are NOT West Asset Management. You posted to a public message for people trying out of debt.
Another thing...you copied a letter that they would have mostly ignored since they are not required by law to send most of things you asked for.
what web site is advocating this ridiculous letter? ive research
what web site is advocating this ridiculous letter? ive researched some awful dv form letters but this one has all the bells and whistles. its almost laughable, i cant even imagine a collection agencies response to this letter. the worst part though is that this letter (and the web sites who advocate it) lend false hope to the people who use it and expect it to the followed explicitly. then those same people end up looking like idiots and possibly wasting money trying to enforce requests that are not obligations.
It used to be in our DIY (look up) section. They seem to have r
It used to be in our DIY (look up) section. They seem to have replaced them recently but still the letters are inaccurate. I looked thru a bunch of them....debtors do not have the right to ask for a copy of the contract between the creditor and the CA proving they have the right to collect. A debtor can cease and desist a CA, but they do not have the "right" to work with the original creditor. I dont know who wrote these, but they didnt have a copy of the FDCPA beside them.
I think short and simple is the best way to go. Something like
I think short and simple is the best way to go.
Something like..."I am requesting validation of this alleged debt per my rights according to the FDCPA."
Exactly. "I dispute the validity of the debt....send me proof
Exactly.
"I dispute the validity of the debt....send me proof that I owe this debt per the FDCPA" or "I demand validation of the debt per the FDCPA"