buzz-saw Posted December 30, 2002 Report Share Posted December 30, 2002 The following letter deals with a CA who sent me a "pay up" notice as initial communication, without advising me of my right to request validation of the debt. Feel free to use some or all if you like, but keep in mind that I am not a lawyer:------------------------------We are in receipt of your December 13th correspondence, a copy of which is attached hereto, regarding the account referenced above, and are willing to work with you in resolving the matter in a timely and amicable fashion. To that end, and because we do not feel we owe anything of the kind, we are hereby requesting validation of the alleged debt. That is, competent legal evidence that proves we have a contractual obligation to your client, XXXXX XXXX, and in the amount you allege. Specifically, we request the following:* Certified copies of all contracts and associated documents entered into by us, and bearing our signature(s), that created and, if applicable, continue to establish, a debtor-creditor relationship between your client, XXXXXX, and us, pertinent to the account referenced above;* An accounting of all purchases, fees, interest, and other charges that comprise the alleged debt, and an easy-to-follow explanation of how each was calculated;* Proof that you are licensed in the state of Tennessee, including any applicable license number(s).* An update of the above-referenced account to reflect the correct status (disputed) with all applicable credit reporting agencies that you have reported this account to and written proof that you have done so.* A copy of this dispute and validation letter be provided to your client, XXXXX XXXXXX, along with instructions to update said account, if it even exists, to the proper status (disputed) with all applicable credit reporting agencies, and written proof that you have done so.* A certified copy of any contract(s) bearing our signature(s), authorizing your client, XXXX XXXXX, to assign or sell this account to you for the purpose collection; i.e., proof that you are legally entitled to collect on the account referenced above.We will accept only the information we are requesting, in full and in writing, to the address listed above, no later than thirty (30) calendar days from your receipt of this letter. We will not correspond with your company or any representative(s) thereof, including but not limited to attorneys, other collection agencies, and your client, until we receive and review the information requested above, in full, so that we can make reasonable efforts to fulfill any obligation(s) that may exist between your client and us. Should we receive anything from your company or its representatives regarding the account referenced above, other than what we outlined above (or a statement of inability to validate a debt and full release of same), we will construe it as a declaration of your inability to validate the alleged debt, and consider your claim made pursuant thereto as frivolous. We will also file formal complaints with your state’s Banking and Finance Bureau, the Federal Trade Commission, and the Better Business Bureau.We also reserve the right to initiate, at any time, an FDCPA action based on your failure to include a statement of our validation rights in your initial correspondence of December 13, 2002 or within five (5) days of same, as required by 15 U.S.C. § 1692g(a)(3). In the event you choose to not follow the law regarding collection of this account in the future, this paragraph shall be construed as due notice of our intent to initiate litigation against XXXXXXXXX XXXXX, Inc. in the courts of Davidson County, Tennessee. Also, be advised that 15 U.S.C. § 1692g( prohibits you from engaging in any collection activity regarding the account referenced above between the date you received this validation request and the date we actually receive said validation.Again, we are eager to resolve this financial matter as amicably and expeditiously as possible. We trust that you will provide us with the validation required for us to do so, and shall remainVery truly yours,XXXXXXX XXXXXXXXXXX Link to comment Share on other sites More sharing options...
LadynRed Posted December 30, 2002 Report Share Posted December 30, 2002 Excellent, Buzz-saw !! I have 2 CA's who pulled the same thing, nasty letters w/o the required notice that I have the right to dispute the debt !!.. and I don't even have to change the State .. I'm in TN (Nashville) too !! Link to comment Share on other sites More sharing options...
Anonymous Posted January 1, 2003 Report Share Posted January 1, 2003 Now that is a good letter... Have you any similar to this for a situation where you sent a validation letter and they replied with 'not-validation' saying "here is the information you requested" (it was just a printout and the amounts didn't match what they are asking of me)?Thanks. Link to comment Share on other sites More sharing options...
buzz-saw Posted January 1, 2003 Author Report Share Posted January 1, 2003 <blockquote>Originally posted by PAENow that is a good letter... Have you any similar to this for a situation where you sent a validation letter and they replied with 'not-validation' saying "here is the information you requested" (it was just a printout and the amounts didn't match what they are asking of me)?Thanks.</blockquote>Yes, I do have a letter that addresses incomplete validation; however, it's intended for OCs (original creditors) and not CAs (collection agencies). Since OCs aren't bound by the FDCPA, my letter is a just simple request for validation. Let me dig it up and I'll post it. Link to comment Share on other sites More sharing options...
buzz-saw Posted January 1, 2003 Author Report Share Posted January 1, 2003 OK -- here is a typical OC letter that I often have to send. It addresses the issue of incomplete validation. As always, I am not a lawyer, and the following letter is not intended to be, nor should be construed as, legal advice.--------------------------------We would very much like to settle this matter with you in a prompt and amicable fashion. We have made two (2) good-faith attempts at contacting you regarding validation of the alleged debt referenced above, so that we may review same and make payment arrangements to satisfy any extant obligation we may have.On December 7th, we received an accounting of purchases, payments, and fees, via the Customer Relations Department’s correspondence postmarked December 3rd. This "validation" shows neither the rate of interest nor how it was applied, and provides no substantiation for the alleged "beginning balance." Also, copies of any contract(s) we signed pertaining to the account’s creation, terms, and conditions, were not included. For purposes of clarification, we are not seeking verification.As an indicator of our continued desire to work with you in satisfying any bona fide obligation we may have, we are restating, for the final time, our request that you provide, in writing and to the address above, competent and complete validation of the existence of the alleged debt referenced above. Specifically, we request the following:* Certified copies of all contracts and associated documents entered into by us, and bearing our signature(s), that created a contractual obligation to your company.* A notification of the interest rate on the account and how it is periodically applied to the outstanding balance.* Full and complete substantiation of the "beginning balance" listed on the partial spreadsheet you provided on December 3rd.* An updating of the above-referenced account to reflect the correct status (disputed) with all applicable credit reporting agencies (which you should have done back in November when it was first disputed), and written proof that you have done so. Your continued refusal to accurately report our account status (disputed) to credit reporting agencies is a violation of 15 U.S.C. 1681s-2(a)(3), as the information currently reported does not accurately represent the account’s status.We will accept only the information we are requesting, in writing and to the address indicated above, no later than thirty (30) calendar days from your receipt of this letter. We will not correspond with your company or any representative(s) thereof, including but not limited to attorneys and/or collection agencies, until we receive and review such validation so we can make reasonable efforts to fulfill any obligation(s) that may exist between your company and us.Should we hear or receive anything from your company or its representatives other than what is outlined above, we will construe it as a declaration of your inability to validate the alleged debt and/or unwillingness to settle the matter; construe your claims made pursuant thereto as frivolous; assert our legal rights through all applicable venues; and file formal complaints with applicable agencies and organizations including but not limited to the XXXXXXXX (state) Department of Banking and Finance, the Federal Trade Commission, the Better Business Bureau.We have asked for legitimate documentation concerning the above account on prior occasions so that we may settle the matter with you; but to be quite frank, no reasonable and prudent consumer is going to pay a sum they are not even sure they owe. We still would like to settle this important financial matter with you in an amicable manner, but will not be able to do so unless you, too, are willing; and we shall remainVery truly yours,XXXXX XXXXXXXX Link to comment Share on other sites More sharing options...
Anonymous Posted January 2, 2003 Report Share Posted January 2, 2003 Damn, you are good at this! Link to comment Share on other sites More sharing options...
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