Sample letter 15 - The Letter to Send to the Credit Bureaus After the Collection Agency Fails to Validate Your Debt
Assuming you have contacted the collection agency using our debt validation methods, and they have failed to send you adequate proof of your legal obligation to pay a debt, this is the letter you need to write to the credit bureaus.
Company
Address 1
Address 2
City, State Zip
Date
RE: Account XXXXX-XXXX-XXXXX
Dear Sir/Madam:
I am continually being called on the telephone by your firm over an alleged $9000 debt. I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA), and I am requesting validation of this debt. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt. I request that you stop contacting us on the telephone and restrict your contact with us to writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:
- Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
- Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.
- Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
- Intimate knowledge of the creation of the debt by you, the collection agency.
I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.
While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.
I look forward to an uneventful resolution of this matter.
Sincerely,
Signature
Your Name
Your Address
City, State Zip
enclosures
If you would like to download a copy of this file for cutting and pasting into some other text editor for your information, click here.
This letter is part of our information on Debt Validation. We have other sample letters to handle a variety of credit situations. Here is the list.
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