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Advice on the letter inside.


Thomas1096
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First, Thanks for all of the help I have received here either by reading stickies or by the posts.

Second, I apologize for the many posts here... I tend to get worked up when it comes to my credit..

As most here know (from the many posts) that a collection company is trying to reinsert a collection on my report. I have sent them a DV letter and the responded by overnighting me an itemized bill from the phone company. The problem is the bill does not match the amount thet are trying to collect. ANother problem is I don't want them to think that that bill is VALIDATION. So I am sending out tomorrow (over night) a CMRRR letter. Here it is... Please feel free to correct me in any manner. It's been 3 days since this started.

EDIT: for the letter:

TO: RMA

RE: BELLSOUTH Phone number

FROM: ME

SS# listed here

To whom it may concern,

I am writning you in refrence to VALIDATION of a debt that you claim I owe. The FDCPA states that I am entitled to debt VALIDATION. FDCPA Section 809. Validation of debts [15 USC 1692g] states clearly that the debt collector shall cease collection of the debt until such VALIDATION is given to the consumer. As sited by the FTC on February 9, 1993 when asked if an itemized statement served as validation in response to a request for validation from a consumer:

"Because one of the principal purposes of this Section is to help consumers who have been misidentified by the debt collector or who dispute the amount of the debt, it is important that the verification of the identity of the consumer and the amount of the debt be obtained directly from the creditor. Mere itemization of what the debt collector already has does not accomplish this purpose."

Response to:

Jeffrey S. Wollman

Vice President and Controller

Retrieval Masters Creditors Bureau, Inc.

1261 Broadway

New York, New York 10001

In a letter to Mr. John D. Krisor, Jr. of Krisor and Nusabaum, the FTC reconfirmed this and adds:

"Section 809(B) of the Act provides that if the consumer disputes the debt,...the collector must cease collection efforts until he verifies the debt" Found on the FTC website.

This is the second letter I have sent your comapny requesting VALIDATION, not an "itemized statement." I am promised by the FDCPA that you must VALIDATE this debt. So far I have received nothing more than an itemized bill covering 3 months. Therfore I will state again that I need 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.

Prove the Statute of Limitations has not expired on this account.

Provide me with your license numbers and Registered Agent.

Provide me with legal documents stating RMA is authorized to collect for the original creditor.

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 , 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.

Best Regards,

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