Letter to be sent to CA

[Lacapone]

I am getting ready to send a letter to a CA who has repeatedly ignored responding to my certified letters requesting Validation of an account. I have spoken to them on the phone and they say that they do not have to because I did not request it within 30 days. Well because they did not have this stated on thier bill they sent me I had no idea. But since then I have requested it 3 times. They no longer send me bills but continue to report this.

What do you think??? Should I not send this ....should I change it??? Add something? Take something out? Help....suggestions

To Whom It May Concern:

Subject: Violation of the FAIR DEBT COLLECTION PRACTICES ACT

On (date) and (date) and (date) I sent you certified letters requesting validation of this account with no response.

On 11/5/04 I was rudely treated and threatened by an employee of AFNI by the name of Ryan McBride. I was also informed on this telephone call that I was a deadbeat that was not willing to pay my bills and that It would be a big mistake if I took AFNI to court over this matter. I am willing to pay a bill that is mine…… which for some reason AFNI refuses to confirm or show proof and I do not appreciate the harassing, insulting and threatening tactics of your employees!

FAIR DEBT COLLECTION PRACTICES ACT

§ 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- NO WRITTEN NOTICE WAS SENT BY AFNI!

(1) The amount of the debt;

(2) The name of the creditor to whom the debt is owed;

(3) A statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

This statement is nowhere on your bills or any other notice that is sent out by AFNI!

(4) A statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

This statement is nowhere on your bills or any other notice that is sent out by AFNI!

(5) A statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

This statement is nowhere on your bills or any other notice that is sent out by AFNI!

( If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

© The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

As AFNI never produced any of this for me nor does it state any of the above statements on any correspondence, AFNI has not complied with the FDCPA and are in violation of the Act. Therefore AFNI by law needs to immediately remove the collection listing from my credit report or a lawsuit will be filed against AFNI due to the fact that AFNI is in violation of the FDCPA, section 809 (.

According to the Federal Rules of Civil Procedure (FRCP) I have a legal right to demand the original and AFNI has 15 days to produce it or there is NO DEBT.

• FRCP - Rule 1002 Requirement of Original - To prove the content of a writing, recording, or photograph, the original writing, record, or photograph, is required, except as otherwise provided in these rules or by Act of Congress.

• FRCP - Rule 1003 - Admissibility of Duplicates - A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in this circumstance it would be unfair to admit the duplicate in lieu of the original.

So as you can see, law is replete with insistence that my right to see an original contract is carved in stone.

In the meantime I have filed complaints with:

Better Business Bureau of Central Illinois, INC.

Illinois Attorney General Consumer Fraud Bureau

Massachusetts Attorney General’s Office

Federal Trade Commission

I have had enough with this matter and the fact that my rights are being violated! It has caused me stress and anguish that I will just no longer tolerate.

I demand that within 15 days this account be removed from my Credit Report or I will be filing a legal suit against AFNI.

Again, I demand this be removed from my credit report as it is not my account and AFNI has made no attempt to show that it is my account, this on top of all the other violations AFNI has commited.

[Guest jeeptravel]

I'm sorry, I didn't read your whole letter. I only have 80 years with luck or even less . . .

I don't mean to be rude. Obviously I am on your side, but . . .listen . . . Nobody gives a rip about your treatment by the CA rep. When you write a letter and spend $2.30 plus postage, stick to the law that was violated and when you will file suit unless they fix it and notify you of fix.

Everything else is just a bunch of hot air.

K.I.S.S. (Keep it simple stupid) You are not stupid, but I hope that phrase helps, it sure helps me.

jt

[Lacapone]

Thanks for the suggestions. I do appreciate it.