Second request for validation letter. Comments? Suggestions

[Andyt293]

I threw this letter together in response to the form letter I received from the CA. I fully admitt plagirization of other posts. Xan, Don, could youl et me know what you think?

To: Bad, bad CA

Re: ABC Company accounts XXXXX and XXXXX. Second Request for Debt Validation.

To Whom It May Concern:

Thank you for your response to my debt validation request letter dated 7 November 2004. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g, Sec. 809 ( that your claims are still disputed and that the validation requested has yet to be provided to my satisfaction.

Please send me copies of all paperwork regarding these accounts, including:

-Copy of the original signed applications.

-All billing and account statements. The computer generated billing history you provided may make sense to a customer service representative at PG Energy but I could not make heads or tail of it. Certainly, it does not meet the “least sophisticated consumer” standard of the FDCPA.

-The complete transaction and payment history of both account (payments/charge slips)

-Any and all receipts with signature.

-Copies of all payments including checks, money orders, and/or online transactions.

-Any other documents associated with the account and which validate the debt.

To reiterate the above and incorporating my original letter; this is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above cited Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you and/or your client.

At this time I also inform you of my intent to sue your company if you continue to report negative information to any of the three major Credit Reporting Agencies (Equifax, Experian, or Trans Union) while not validating the debt as requested. This action constitutes:

· Violation of the Fair Credit Reporting Act

· Violation of the Fair Dept Collection Practices Act

· Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist including the reporting of the debt as verified to the aforementioned CRA’s.

If your offices fail to respond to this second validation request within 15 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit files and a copy of such deletion request shall be sent to me immediately.

I would also like to repeat my request, in writing, that your offices make no telephone contact to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted by the United States Postal Service.

This is an attempt to correct your records; any information obtained shall be used for that purpose.

Best Regards,

[Andyt293]

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[33percent]

It seems fine to me, I am also currently replying to a very poor attempt at validation from a collector and I basically said the same thing. I have not mentioned the "unsophisticated consumer" part of the FDCPA because I feel its not my responsibility to teach the CA's their job.

What I'm curious about though is the CA sent me this poor validation, and the started to call me saying they validated and now they can call me. Last I checked it doesn't matter if they validated it or not- no calls means no calls.

[Josh Mcgrath]

I dont understand your question...

If you sent a DV, (CMRRR????) and they did not respond, so you're sending a 2nd letter, they do not have to respond to DV's. However, they must cease all collection activity.

If you sent the first DV and they provided their idea of "validation", send them a letter with a the FTC vs Wollman letter (search).

Sorry, I need more info...or else Im tired

[Carlos]

If they dont have to respond to DV what motivates the CA to get the junk off of your CR.

Mereley ceasing collection activity and changing remarks on tradeline to "disputed" does little or nothing for the FICO.

Seems like a stalemate to me.

[Josh Mcgrath]

If they dont have to respond to DV what motivates the CA to get the junk off of your CR.

Mereley ceasing collection activity and changing remarks on tradeline to "disputed" does little or nothing for the FICO.

Seems like a stalemate to me.

Well, that's why you send a CMRRR letter to the the CRA's with a copy of the letter and green card; "they have not validated with me as I excersized my rights under the FDCPA...".

I just sent out a letter like that. I'm thinking I may be getting 1000 bucks from Attentin LL-C. I will sue them over it.

If they verify, the CA has violated the FDCPA and FCRA.