Sharing My Debt Validation Letter

[Lewcifer]

I've really enjoyed reading this forum, and the information on the main

website was phenomenal. As a result, I wanted to share my validation

letter with you all (feel free to sticky-post it), in hopes of helping others.

Notice that my letter places the collection agency in a catch-22 situation.

If they respond to the request for verification, they knowingly break the

law (acting as an unlicensed collection agency) and if they don't respond,

they're in violation of FDCPA. Damned if they do, and damned if they

don't. At that point, I'm sure the Courts would not take kindly to their

collection practices.

-- begin (names and account changed)

Lilly White, Officer

Wells Fargo Loss Recovery

Post Office Box 30095

Walnut Creek, CA 94598

RE: Account No. 11111111111

Dear Ms. White:

This is in reference to a business letter I received from you, dated 01/07/05, clearly stating it is

“attempting to collect a debt.” Please find a copy of said letter attached for your convenience.

I am not aware of any overdue accounts with Wells Fargo. Therefore, I must assume you are

attempting to collect a debt other than your own. Unfortunately, your letter failed to identify

the party to whom the debt is owed, as required under the Fair Debt Collection Practices Act.

Furthermore, I am puzzled because neither the State of Idaho (where I reside) nor the State of

Utah (my prior residence) list your business as a licensed collection agency in their respective

files. I am also unable to locate the bond required ($5,000 in ID, $10,000 in UT) of collection

agencies, domestic or foreign, by said states. Are you aware that contacting me in an “attempt to

collect a debt” is a Class A Misdemeanor in Utah (Title 12.1.6) and a felony in Idaho (Title 26-

2239) punishable by a $5,000 fine and/or five years imprisonment per offense (Title 26-2238)?

Assuming arguendo that you are operating legally, I hereby formally request verification of the

unidentified debt pursuant to the provisions of the Fair Debt Collection Practices Act (FDCPA),

Fair Credit Reporting Act (FCRA), and related consumer statutes. I hereby further request that

you comply with said Acts, and cease collection of the debt while obtaining verification. Until

you resolve this error with the unidentified creditor, you should neither contact me nor anyone

else except said creditor about this collection. You should also reverse any negative reporting.

Please note that, if you are not a properly licensed collection agency in my state, any additional

information obtained will be used to document your ongoing willful misconduct despite having

received actual notice of same. Govern yourself accordingly.

Sincerely,

[Lewcifer]

--- end

[DocPC]

Not gonna fly. This is the OC. They do not have to be licensed.

[jcwhitaker]

go get them good luck if feels good

[Lewcifer]

As far as I can tell, the OC was "Apple Computer Loans" located in another state. That's who we signed up with, and that's who was sending statements to us for years until I divorced. Then, it was turned over to Wells Fargo for collections. Does that sound right, or does Wells Fargo underwrite the Apple Computer Loan ??

I'd be interested in finding out. I don't have any of the original loan paperwork due to divorce and moving.

[workinninetofive]

I bet that Wells Fargo is the bank for Apple computers...that would make them the OC.

[Lewcifer]

Well, it's still a really good letter -- I think I'll frame it and hang it in my hallway...

next to the summons and complaint that's sure to come my way.

[DocPC]

Don't get me wrong, dude. The OC does not have to respond to your letter but they may.

It's a good letter.

You have nothing to lose by sending it. They will either ignore it or send you that they have.

[KentWA]

Nope, they are a CA. Wells Fargo Collections is a seperate Corporate entity.