marisakay Posted March 2, 2005 Report Posted March 2, 2005 here is my prev thread about the CA after mehttp://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?p=161023&highlight=#161023in summary they just sent me pre legal letter..so Now I am scared and trying DV...I used this letter (sample from above) but shouldnt I change some of the wording so it is not so cookie cutter or is this ok??? any input/advice is soo much appreicated!MARI** ****2590 ********* OHIOPORTFOLIO RECOVERY ASSOCIATESMARCH 1, 2005RE: ACCT #4+++++++++++++TO WHOM IT MAY CONCERN:This letter is being sent to you in response to the letter you sent me on FEB 11, 2005. Be advised this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g sec 809 B that your claim is disputed and vailidation is requested.This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: What the money you say I owe is for; Explain and show me how you calculated what you say I owe; Provide me with copies of any papers that show I agreed to pay what you say I owe; Provide a verification or copy of any judgment if applicable; Identify the original creditor; Prove the Statute of Limitations has not expired on this account Show me that you are licensed to collect in my state of OhioProvide me with your license numbers and Registered Agent At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: Violation of the Fair Credit Reporting Act Violation of the Fair Debt 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. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your offices 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 in this letter by USPS. It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.Best Regards,
KentWA Posted March 2, 2005 Report Posted March 2, 2005 I generally have used the same letter with all the CAs. However I have edited mine to make it more mine. You should also.
DocDon Posted March 2, 2005 Report Posted March 2, 2005 I read your original post (after trying unsuccessfully for 15 minutes to pry my eyes from your avatar).You said they told you, "they have talked w attorney in Ohio and they will take me to court if I do not call and pay or settle by March 4...they say this will not go away and if I ignore next letter will be from attorney..."You have to ask yourself, what do they mean by the next letter will be from an attorney? If they were really going to sue (apart from the fact that they threatened you if you don't pay) you would not be receiving a letter, you would be receiving a summons.Given that, and what others have said, I agree that this is just a threat, and a threat that may violate the FDCPA.I think your letter should be shortened to only state that because of their threat, you are referring this matter to the appropriate government agencies for further action. Then, simply request formal validation. The key here is there's no need to threaten you with a suit. If are being sued, they sue. No threats, just a summons.My 2 cents.
marisakay Posted March 2, 2005 Author Report Posted March 2, 2005 ty so much...so u thinkput in 1st paragraph, due to the letter you threatened me with I have no choice but to meet w my attorney for violations.then request validation also?? i need to send this tomorrow morning so any help is so great!!
HeartRN Posted March 2, 2005 Report Posted March 2, 2005 [quote name=" (after trying unsuccessfully for 15 minutes to pry my eyes from your avatar). It's the simple things in life!!!
c m chase Posted March 2, 2005 Report Posted March 2, 2005 I read your original post (after trying unsuccessfully for 15 minutes to pry my eyes from your avatar).That honeymoon of ours is going to be quite lonely if you don't watch it, bub.
DocDon Posted March 2, 2005 Report Posted March 2, 2005 ty so much...so u thinkput in 1st paragraph, due to the letter you threatened me with I have no choice but to meet w my attorney for violations.then request validation also?? i need to send this tomorrow morning so any help is so great!!No no no. All you have to do is imply that you will investigate civil relief under the FDCPA. You're not directly engaging them as in an ITS letter.You're simply stating, "o.k. maybe you think you don't have to respond to my DV using the case law you're thinking about, but now you've threatened me in violation of the FDCPA, so....."Here's the section:§ 807. False or misleading representations [15 USC 1962e](5) The threat to take any action that cannot legally be taken or that is not intended to be taken. The point is, if they were so confident in the suit, you would have been served summons by now - their threat of "pay us or else", implies they never intended to sue you, but instead used it as a threat to make you pay up - like a shakedown.After you call them out on their violation, you demand they validate the debt, and request they only communicate with you in writing so that their correspondence can be added to your case file.The worst thing you can do is ramble on - I suggest keeping it short and sweet.
DocDon Posted March 2, 2005 Report Posted March 2, 2005 Well... jeesh. They're bouncing there like a Rapala Fishing Lure.....I "notice" things... o.k.?
divemedic Posted March 2, 2005 Report Posted March 2, 2005 Too bad Avatars don't work in written letters. If so, the CA would violate because they would never put the letter down to get back to work.
DocDon Posted March 2, 2005 Report Posted March 2, 2005 That honeymoon of ours is going to be quite lonely if you don't watch it, bub. Huh?? Wha?? OH I thought you had gone off to bed.
edubb007 Posted March 2, 2005 Report Posted March 2, 2005 Bounce Baby, Bounce.... Huh... Hmmm.... Uhhh!Me likey that avatar!
edubb007 Posted March 2, 2005 Report Posted March 2, 2005 Doc, are your bags packed yet?? Oh... It sounds like his BAGS are packed!
marisakay Posted March 3, 2005 Author Report Posted March 3, 2005 ty so much everyone...mailed it today Certified RR...so crossing my fingers I do not get a summons!!! TY AGAIN...will keep ya updated, as I am sure I will need more advice
edubb007 Posted March 3, 2005 Report Posted March 3, 2005 That freak'in avatar is too much! I crack up everytime I see it! Good luck!
bigdaddyroy Posted March 4, 2005 Report Posted March 4, 2005 Doc, why did you point this out? Now, I can't stop looking at this Avatar! My vote for the best Avatar for the month of March is bouncing right in front of us. It is amazing how something so simple can be so captivating..... Sorry ladies, I am not normally like this. I think I have a touch of spring fever.
marisakay Posted March 4, 2005 Author Report Posted March 4, 2005 hahaha...glad u like it my husband picked it out of course!!
DocDon Posted March 4, 2005 Report Posted March 4, 2005 Doc, why did you point this out? Now, I can't stop looking at this Avatar!I've just never seen hiccups have such an effect.
divemedic Posted March 4, 2005 Report Posted March 4, 2005 It certainly does get your attention. Funny thing is, there is a Southpark episode this week about boobs captivating men.
HeartRN Posted March 4, 2005 Report Posted March 4, 2005 ...about boobs captivating men.<<<thinking of a way to parlay this into a deletion>>>
edubb007 Posted March 4, 2005 Report Posted March 4, 2005 I still have a hard time concentrating on reading this thread! NICE!!!I must have spring fever too! With 2 feet of snow on the ground!
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