shaneham Posted July 17, 2003 Report Share Posted July 17, 2003 I sent a debt validation letter to a CA and this is what they sent me back.Now what!Letter reads:Dear Customer,This letter is in response to your verbal dispute regarding the above referenced account.The purpose of this letter is to request your assistance so that we can reach a quick resolution of this matter. Please mail or fax us a letter outlining the details of your dispute, along with any written prool you may have to support your claim (examples of proof may include a settled in full letter or a police report in the case of fraud). In the interim, we have requested that the three major consumer reporting agencies change the status of this account to Disputed.You may provide information in the enclosed self-addressed envelope or by fax to: (800) 306-4443. We can be reached at (800) 825-8131 ext. 2980 should you have any further questions.Please understand this communication is from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose.Sincerely,Midland Credit Management Inc(800) 825-8131 X 2980EnclosureEnclosure = Privacy Notice DocumentP.S. We do own the debt and we are within the SOL Link to comment Share on other sites More sharing options...
admin Posted July 17, 2003 Report Share Posted July 17, 2003 You write them back and basically say:I previously requested debt validation for this debt which you say is mine, and all I received was a request for details on why I requested debt validation. The reason: I doubt this is my debt and under the FDCPA, it is my right to request debt validation. Since you are reporting this information on my credit report, the burden of proof is on you.Your request for details is not adequate debt validation. Please provide me with:1. A signed contract (showing my signature) from the original creditor2. A letter of assignment or sale of this debt to you from the original creditor 3. The complete payment/transaction history starting at the original creditor and continuing with you, so I may know, if in fact this debt is mine, that the debt balance is accurate. (Case Law Reference: Brennan Vs. Spears)Without such documentation, under the FDCPA, you are not allowed to pursue collection activities.Reporting this collection on my credit report, which is considered to be a continuation of collection activity, is a violation of section 809( of the FDCPA, following a request for debt validation, which states: collection agencies must cease collection activities. I am attaching an opinion letter from the FTC on the illegal practice of continuing to report these collections on my credit report without proper validation (Lefevre-Cass letter)." You are now in violation of the FCPDA, and are now subject to fines of $1000, plus actual damages and attorney’s fees, which I may collect from you by filing a claim in small claims court. These collections on my credit report are causing me severe problems in trying to purchase a home and the damage could lead into the $1000’s.If you do not immediately remove this listing from my credit report, I will be forced to take legal action. That should fix their wagons. Link to comment Share on other sites More sharing options...
shaneham Posted July 18, 2003 Author Report Share Posted July 18, 2003 Thank you for the reply!Where do I get the opinion letter from the FTC.One other thing I have been concerened about. If they do infact take it off my CR then how do I resolve the original debtor? Link to comment Share on other sites More sharing options...
admin Posted July 18, 2003 Report Share Posted July 18, 2003 www.ftc.govClick on consumer, then credit, then opinion letters.You deal with the original creditor by doing a regular old credit bureau dispute. See the link at the top of this board. Link to comment Share on other sites More sharing options...
dwaynedajuan Posted April 4, 2007 Report Share Posted April 4, 2007 You write them back and basically say:That should fix their wagons.HI my question is would this letter work with the OC, I received a letter from them stating they I would not validate my debt because they deemed it frivolous because I did not provide sufficient information to investigate the dispute and that i should contact them for a settlement. Should I sent this letter Link to comment Share on other sites More sharing options...
divemedic Posted April 4, 2007 Report Share Posted April 4, 2007 This thread is 4 years old. Form letters are becoming less and less effective. We must learn to adapt- the CA's are getting smarter.They are reacting to us and changing tactics- that is a good thing- it shows we are having an impact. Link to comment Share on other sites More sharing options...
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