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CA hasn't validated.. 2nd letter ?

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Ok, I sent CA the first letter in July, got the card back a few days later, so I know they got it. I've received NOTHING from them since.. long past the 30 days, but I've been extremely busy. A few weeks ago, they started calling again and are calling almost every day. So, they're in violation, big time.

I guess a 2nd letter is called for, but which of the samples is the one I need to use ? These idiots "law offices of xxxx and xxxx", are pursuing me for a $500 debt, which they've probably hiked to a lot more by now, so its not a huge debt.

If anyone has a good letter they've used, it would be helpful if you'd like to share ;).

Thanks !

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Here's one that seems to get immediate attention from all the collection agencies I've had clients sent this to....

To Whom It May Concern:

I have previously sent you a request to validate my debt under the Fair Debt Collection Practices Act. My certified return receipt written debt validation requests to your company have gone unanswered. Per section 809 of the FDCPA, once a debt validation request is submitted, you cannot continue collection activity until the debt is validated. Yet you continue to report this account on my credit report.

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. I am also 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 should also be aware that reporting such invalidated information to major credit bureaus might constitute defamation of character, as the negative marks on my credit report harm my credit and prevent me from enjoying all the benefits of good credit. In addition, the Fair Credit Reporting Act (FCRA) does not allow the inaccurate reporting of information on my credit report and under this act (Section 623). Therefore, if you do not immediately remove this account from my credit report, you are subject to another $1000 fine, plus punitive damages. I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies.

You may also want to consider that the statute of limitations is up on this alleged debt. I called <original creditor> who supposedly sold or assigned you this debt and they confirmed that this date dated to June of 1997. The statute of limitations in Arizona is 4 years. Why bother with a potential lawsuit when you can just remove this account from my credit report?

I intend to follow through with the suit if I do not hear back from you within 5 days. In addition, I intend to file a complaint to the Better Business Bureau, and the Federal Trade Commission.

<your name>


You need to attach a copy of the Cass letter (link to it is in the debt validation link)

[Edit by admin on Friday, 15, 2002 @ 08:36 AM]

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