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Can someone see if my letter is ok to send?


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I sent my first DV letter to RMA and it came back verified and this is my seconTo Whom it may concern:

You are receiving this letter because I have sent you a Debt Validation on Jan.24th, 2005 and you received it Jan 31st 2005 Also attached is a copy of the certified receipt that you signed for. This alleged debt that you say I owe has yet to have been verified to me but yet you verified with the credit bureaus. Which is a Violation of the FCRA section 623. Which is $1,000 fine.

Second you failed to report this alleged debt in "dispute" with the credit bureaus which is a violation of the FDCPA section 807(8). $1,000 fine. The FDCPA section 809(B) states that if a collection agency has not validated your debt and they continue to report it to the credit bureaus is another violation and $1,000 fine

.Please be advised that I am fully aware that the statute of limitations has expired on this alleged debt and any attempts to collect on this debt amounts to nothing more than extorsion, and you are deliberately damaging my credit by placing negative information on it in order to force me to pay for a debt that I am no longer liable for. Which is a violation and $1,000 fine.

So the way I see it you owe me $4,000 which is more than what the alleged debt that you say I owe. I will however settle for $2,000 and this alleged debt deleted from all credit reports immediately and not reported again ever. I think this is more than fair since you have violated my rights under the FCRA. If you refuse to cease collection and remove the negative information from my credit report, formal complaints will be filed with the appropriate government agencies, and I will be investigating my rights to civil relief. While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FCRA. I do have copies of all documents if I need to litigate. You have 15 days upon the receipt of this letter to delete this alleged debt that you say I owe from all credit bureaus and never report it again. I look forward to an uneventful resolution of this matter.

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Not too shabby, but a couple of points you need to consider:

a. There is a difference between "verification" and "validation" and you can't use the two words interchangeably. In short, "verification" mean "yep, that's you and this is what we say you owe"...."validation" is much more complete.

2. Any action under the FDCPA is $1000 per action (i.e., lawsuit) not per violation. Action under the FCRA is different, but also more difficult for an individual to file...

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Hmmmm....I think I'm a fan of divemedic's attitude. If you can get the problem fixed by writing letters, then forget about the money. On the other hand if you need to go to the court house, then they should write you a check.

Since the debt is beyond the SOL, I'd suggest using the letter LadyNRed references at:

http://community-2.webtv.net/YCHANGE/STORAGE/page13.html

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I'm not sure the Lady's letter is entirely relating to being sued. It basically just says this debt is uncollectable and by continuing to try to collect, they're violating parts of the FDCPA. You can edit out the parts that don't seem to apply.

Is the OC's trade line gone from your reports?

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yes the OC tradeline is gone. I also noticed that RMA did an inquiry 1/2005. I also have copies of letters sent to me from RMA proving that they are trying to collect on a debt past sol should I send that with the letters to both RMA and Credit bureaus?

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Well, the CRA's aren't going to care. As long as RMA reports, the CRA's will list it.

And, technically, except in Wisconsin, its not illegal to attempt to collect on an SOL debt. All the SOL really says is that if they sue, you have an absolute defense. But...LadyNRed's letter implies that it MAY be against the FDCPA to report an SOL debt...

So...again, I'd suggest sending LadyNRed's letter along with a copy of RMA's letter to RMA

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