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Question about Verification


jazzhands
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Hi! I'd been receiving correspondence from one collection agency via mail, and the debt was passed to another agency. The initial letter included the mini-miranda, and I sent the DV below dated 9/20. It was signed for on 9/25:

To Whom It May Concern:

This letter is being sent to you in response to your attached letter. This is not a refusal to pay, but a notice that your claim is disputed.

Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt. Below are a few questions to answer which may help you to resolve these mistakes.

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. 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.

In addition to the questionnaire on the subsequent page, please attach copies of:

• Agreement with your client that grants you the authority to collect on this alleged debt

• Agreement that bears the signature of the alleged debtor wherein he agreed to pay the creditor

• Any insurance claims been made by any creditor regarding this account

• Any judgments been obtained by any creditor regarding this account

Best regards,

XXXX X XXXXX

Debt Validation Form

Questionnaire to be returned to me for Account # XXXXXXX

Original Creditor's Name:

Name of Debtor:

Address of Debtor:

Balance of Account:

Date you acquired this debt:

This Debt was: assigned purchased

Please indicate any credit bureaus to which you have reported negative marks:

Experian ______

Equifax ______

TransUnion ______

This debt was for an old cell phone bill. I'm honestly not certain I actually owe them the money, but the bill is only for about $70.00. I received a response from them with a copy of an old bill. The letter was dated 11/2, which is more than 30 days after they signed for my letter. They also included a note saying that the original contract couldn't be obtained because it was located at the store.

My conclusion, not only did they respond too late, they also can't provide complete information. Does anyone have an opinion on this? What sort of response should I provide?

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http://www.ftc.gov.opa/2000/08/performance.htm

Print off a copy of this FTC press release and perhaps the actual case law to quote from.

Dear Whomever:

I have reviewed the documents you sent in reply to my letter dated DATE. Enclosed is a copy of my initial letter wherein I disputed this debt and requested validation. You may be aware from FTC opinions (and such and such law) that an itemized statement from you does not constitute validation.

FTC v. PCM

"...Where PCM learns during an investigation that account records no longer exist for a disputed debt, the company must delete the information from credit bureau files within five days."

The documents you sent to me are unacceptable. I do not recognize this debt. It is not mine. Validation must be obtained by you from the original creditor. Any validation provided must show a binding contract or agreement to pay.

As you have continued collection activity (refer to any relevant opinion letters or case law here) without providing the requested validation, you are in violation of the Fair Credit Reporting Act. Any further action on your part will be considered willful non-compliance. I demand that you cease all collection activity, including removing any notation of this debt from all credit bureaus. (include a C&D, or limited C&D, if needed)

Sincerely,

ME

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