Jump to content

Opinion - 2nd letter


Recommended Posts

... to a CA who has so far ignored my DV letter. This 'law firm' has had MORE than ample time to validate and has not, they just call me several times a week to harrass me.

Here's my next letter.. any opinions or suggestions greatly appreciated:

------------------------------

Dear Sir:

I have previously sent you a request to validate the above-referenced alleged debt under the Fair Debt Collection Practices Act. My certified return receipt written debt validation request to your company, dated July 12, 2002 (see attached), and received and signed for by your firm on July 16, 2002, have gone unanswered. Per 15 USC 1692g Section 809 of the Fair Debt Collections Practices Act (FDCPA), once a debt validation request is submitted, you cannot continue collection activity until the debt is validated. Despite my request, you persist in violating the FDCPA by continuing collection activity with repeated telephone calls. I have a detailed record of each call date and time, as well as a recording of each call, so rest assured that I do, in fact, have adequate evidence of your violations of the FDCPA.

As I am sure you are aware, violation of the FDCPA carries fines of $1000, plus actual damages and attorney’s fees, which I may collect from you by filing a claim in small claims court.

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 any and all entries regarding this account from my credit report that you may have placed there, you are subject to another $1000 fine, plus punitive damages. I'm sure you will agree that non-compliance with this request could put your company in serious trouble with the FTC and other state or federal agencies.

I am hereby once again requesting that you provide proper validation for this alleged debt. For the purposes of 15 USC 1692 et seq., this letter has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims.

If I do not hear back from you within 30 days, I will not hesitate to file a complaint with the Federal Trade Commission (FTC), the Tennessee Attorney General’s office and the Better Business Bureau.

-------------------

Thanks in advance !

[Edit by LadynRed on Monday, December 23, 2002 @ 01:50 PM]

Link to comment
Share on other sites

Thanks Kimber. I considered that, but since this is a law firm and the debt is fresh, I thought I might wait a bit. If they ignore my 2nd request, then I'll slap 'em with the intent to sue. The amount in this was under $1000 originally, who knows what it is now. They haven't sent any letters since I sent my first validation request, so I don't know how much they've racked it up...they just keep on with their stupid calls.

Link to comment
Share on other sites

  • 2 weeks later...
Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.