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Check out my second letter for validation and removal


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Whats up group? I have learned a heck of a lot of information in the three months since I "found" this website. If I would have known about this validation process two years ago before we moved into our first home, I wouldnt have ever settled with any collection companies back in 2000. I used bits and pieces of information from the validation list, other members letters and my own wording and came up with this:

Collection company name and address

Subject: Failure to Validate Collection Account within thirty days

Reference: Account # xoxoxoxox

To Whom It May Concern:

I mailed a request for validation of the above referenced account that was received by your company on (Date). According to the US Postal Service tracking confirmation, your office exercised a wavier of signature, however, the letter was hand delivered. I have included a copy of the original request and a copy of the postal confirmation as proof that you received my validation request.

This letter will serve as my last form of communication with your company, (Company Name), regarding the alleged debt in question.

Per the Fair Debt Collections Practice Act (FDCPA) I have a right to request validation of the assumed debt. Your company has failed to validate the referenced debt in question within thirty days and I assume that you can not, will not and are not going to validate.

With that being said, your company is in clear violation of sections 803, 809 and 818 of the FDCPA, and I demand that you inform any and all credit reporting agencies to whom

you have reported this collection account to remove the account from my credit files. I hereby give (company name)five days from the date of signature or delivery of my certified mail receipt to take the appropriate action necessary to remove this inaccuracy.

If you do not cease reporting of the incorrect information, I will be forced to take further action. Please be advised that your blatant disregard for following the law and your violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act and my rights as a consumer have caused harm to me by seriously affecting my otherwise unblemished credit rating, causing the denial of credit, as well as causing me to be charged higher interest rates and unfavorable loan terms.

Please be aware if this account is not deleted from all credit reporting agencies within five days of receipt, I will pursue all legal remedies available to me as prescribed in section 813 of the FDCPA, and sections 616 and 617 of the Fair Debt Collections Practices, and, I will file a formal complaint with the Federal Trade Commission, my state's Banking and Finance Bureau, and the Better Business Bureau.

For the purposes of 15 U.S.C. 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary.

Thank you and I look forward to your resolving this most expeditiously.

darnit...I just noticed I sent three collection agencies(two for me, and one for my wife) the name of another collection agency in the body of the letter when I stated I herby give (company name) five days...oh well....I put the right account numbers on the letters.

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Did you already send this letter? There's no 30 day period in which a CA has to respond to your letter. If you haven't yet sent it I would take that out. I would also send them a second letter requesting validation before threatening with legal actions. The point being that once in court, it'll be good to have a papertrail of evidence trying to solve this matter before suing.

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Yes, I mailed the letters off..My point is to get those collection accounts removed from my credit reports. I have no intention on actually suing a collection agency unless I absolutely have to. Even though the FDCPA doesnt make a reference toward how long a collection agency has to validate a date, I decided to use the 30 day criteria in my letter to gather their attention. More then likely, if they didnt validate the debt within the thirty days after they signed for the first letter, they wont do it this time..and with that said, I will wait until the first of February and request the CRA's to remove those collection inquiries because the CA's did not validate, even though I sent them two letters requesting so.

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  • 4 weeks later...

I sent out my second and final validation notices on January 13th. I heard back from one collection company who sent me a copy of an original contract (lease agreement). The other companies never followed thru with my request for validation. So, last week, I got an account thru privacy guard (Equifax's system) and found out that four of the original six collections are not on any of my credit reports!!!! I call that a victory! There are two remaining, one with Collect America (they are the company who sent me a copy of an apartment lease agreement) and another with Marlin Integrated Capital(the original debt is from 1997, however, they re-aged it to 2000). Each of those collections are only reporting to one agency each, so, I sent letters to the CRA's that they are reporting to yesterday with proof of my validation request and asked the CRA's to remove the listings....Stay tuned.

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