found Sample letter to OC requesting debt validation

[user33658]

Date

Original Creditor Name

Address

City, STATE ZIP

To Whom It May Concern:

I am formally requesting that you validate all tradeline notations you have submitted to the three major credit reporting agencies by “NAME OF ORIGINAL CREDITOR” for me, YOUR NAME, for account number XXXXXXXXX.

Due to possible inaccuracies in these CRA reports, I must demand that the validation I hereby lawfully request be in the form of a notarized statement by a person with original knowledge of the debt as it was constituted and who can testify that the debt was incurred legally, was not subsequently disputed as a result of returned, faulty, or recalled consumer products, was not utilized as a profit-loss tax deduction during the period it may have been payable, and was not claimed as a loss with any insuring entity during the period it may have been payable. Please be advised that I am not requesting a verification that you have my mailing address; rather, I am requesting validation, i.e., competent evidence that I had some contractual obligation sans consumer protection encumbrance which incurred the original claims associated with this tradeline.

I have enclosed two documents which will verify my address: a photocopy of a [YOUR STATE] Driver’s License and a photocopy of a recent [NAME OF UTILITY OR TELEPHONE COMPANY] statement.

Please know that you have 30 days from the tracked and confirmed delivery of this lawful notice to either answer these demands or to remove the associated negative tradeline notations from the CRA reports. Any other action may constitute evidence of your intent to abridge one or more civil or other constitutional rights. Please be further advised that continued unsubstantiated reporting of possible inaccuracies to third parties may provide a basis for criminal complaints being filed in accordance with FDCPA, FCRA, and other federal statutes.

I look forward to a timely and amicable resolution to this matter.

Sincerely yours,

Your Name

Address

City, STATE ZIP

[NefertitiX]

I found your post a little over a month ago just when I needed it and didn't know where to begin such a letter on my own. I dv'ed two OCs reporting on my credit. Yesterday I received a letter from one saying they were "sorry for my inconvenience and they were removing the entry"! That alone is enough but if the other follows suit...I'll be over the moon. Just wanted you to know that your good deed is much appreciated!!!!

[TylerDurden]

I agree, this is a damn good letter. I think I'm going to use most it for my dispute with an OC for a lingering SOL-expired CO. Nefertiti, did you sign your letter? And, did you also send a copy of your license? Who was the OC in your case, if you don't mind me asking? I'm just not comfortable sending a letter with my signature on it to an OC or CA...

[bigdaddyroy]

Great letter! I have the perfect OC that I will send this out too, for a TL that's over 7 years old. Wish me luck.

[TylerDurden]

Great letter! I have the perfect OC that I will send this out too, for a TL that's over 7 years old. Wish me luck.

If it has been more than 7 years + 180 days since the date of last activity (DOLA) on the account, you may not need to bother with the OC. I believe you can simply notify the CRAs that the reporting period for the TL is over and they need to delete immediately. Here's more info on the 7 year reporting period:

http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=9129

[gdouglaslee]

This letter is horrid. This looks like DV letter that someone substituted "Creditor" for "CA."This is a good letter if you enjoy being told your dispute is frivolous and like to be ignored.

Date

Original Creditor Name

Address

City, STATE ZIP

To Whom It May Concern:

I am formally requesting that you validate all tradeline notations you have submitted to the three major credit reporting agencies by “NAME OF ORIGINAL CREDITOR” for me, YOUR NAME, for account number XXXXXXXXX.

The first paragraph blows. Quite amateurish. Prior to FACTA, there was no way to really dispute with furnishers of information. Still, there is no requirement for furnsihers to "validate." There is a requirement to "investigate." Better is:

Pursuant to 15 USC 1681s-2(a)(8) of the Fair and Accurate Credit Transactions Act, please investigate account number XXXX XXXX XXXX XXXX.

Due to possible inaccuracies...

At this point, the furnsiher's employee reviewing this letter will stamp "FRIVOLOUS" on it and throw it in a pile with all the frivolous "validation" letters. It's the furnisher's right, under FACTA, to declare disputes frivolous or irrelevant with good reason. This letter provides good reason because it does not comply with FACTA.

...in these CRA reports, I must demand that the validation I hereby lawfully request be in the form of a notarized statement by a person with original knowledge of the debt as it was constituted and who can testify that the debt was incurred legally, was not subsequently disputed as a result of returned, faulty, or recalled consumer products, was not utilized as a profit-loss tax deduction during the period it may have been payable, and was not claimed as a loss with any insuring entity during the period it may have been payable. Please be advised that I am not requesting a verification that you have my mailing address; rather, I am requesting validation, i.e., competent evidence that I had some contractual obligation sans consumer protection encumbrance which incurred the original claims associated with this tradeline.

This stuff would be great in a motion to dismiss or as a reply to a motion for summary judgment or as the argument for a motion for summary judgment, but since there's no law suit, it is just a bunch of garbage.

If everyone would take just 2 minutes and actually read FACTA, they would find this in paragraph "D" of part "8" of sub-section "(a)" of 15 USC 1681s-2:

(D) Submitting a notice of dispute- A consumer who seeks to dispute the

accuracy of information shall provide a dispute notice directly to such

person at the address specified by the person for such notices that--

(i) identifies the specific information that is being disputed;

(ii) explains the basis for the dispute; and

(iii) includes all supporting documentation required by the furnisher to

substantiate the basis of the dispute.

Granted, English isn't my first language, but I don't see anything in this letter that even remotely "identifies the specific information that is being disputed" or "explains the basis for the dispute" or "provides supporting documentation."

And because it doesn't, the dispute is frivolous and any consumer who sends this crap to a furnsiher is just wasting their time and money.

I have enclosed two documents which will verify my address: a photocopy of a [YOUR STATE] Driver’s License and a photocopy of a recent [NAME OF UTILITY OR TELEPHONE COMPANY] statement.

Hopefully everyone knows to black out your driver's license number if you send a copy of it.

Please know that you have 30 days from the tracked and confirmed delivery of this lawful notice...

This notice is hardly "lawful" except for maybe in the court of dreams.

to either answer these demands or to remove the associated negative tradeline notations from the CRA reports.

There's no legal requirement for them to do either as this letter is frivolous and the furnisher need not respond and will suffer no legal consequences.

Any other action may constitute evidence of your intent to abridge one or more civil or other constitutional rights.

What civil or constitutional rights? The Civil Rights Act of 1964 does not apply and none of the amendments do either.

Please be further advised that continued unsubstantiated reporting of possible inaccuracies to third parties may provide a basis for criminal complaints being filed in accordance with FDCPA, FCRA, and other federal statutes.

There are civil penalties, but no crimianl penalties for incorrect reporting under the FDCPA, FCRA and other federal statues. A handful of states do have criminal penalties but they are pre-empted under 15 USC 1681s-2(a)(8).

I look forward to a timely and amicable resolution to this matter.

I think they will be severly disappointed.

Sincerely yours,

Your Name

Address

City, STATE ZIP

[NefertitiX]

TylerDurden, nope don't mind you asking...my OCs were "a biggie" (eek!) and First USA Bank (formerly known to me as Citibank). First USA is the one who responsed favorably so far and they certainly didn't say frivilous or irrelevant...but rather "we're so sorry"..."we've removed this item from ALL of your reports"..."please provide this to the bureaus of proof of our intention to delete this item if you need to". My SOL wouldn't have been up with them until 2006 so it was risky but it worked.

I did sign the letter and I included a copy of my DL and a utility bill (with pieces of paper marked "Confidential" over information I didn't think was their business).

Good luck if you use it. There are millions of DV sample letters for CAs so finding this gave me a starting point (plus confirmed that you can DV an OC since I wasn't sure before).