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PROPER VALIDATION?


sizax
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After disputing with the CRAs i received this letter from the CO. Is this valid? How do I find out if they are OK to collect in California. They probably are. is there a website?

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The picture url didnt work like expected. but you can get the letter if you cut and past the url. Thanx in advance

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I posted this letter in response

RE: Your file # 2626471341

DISPUTE- FDCPA

Dear Whom It may concern,

I received the attached letter today. Please note:

1. I DENY owing Fingerhut any money.

Therefore, this letter is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g that your claim is disputed and verification is requested.

Please provide me with the following:

• Complete name and address creditor show on file;

• 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 me with any papers, letters, correspondence, etc between me and your client;

• Provide a verification or copy of any judgment if applicable;

• Identify the original creditor and provide its address;

• If your client is not the original creditor, provide me with proof that it is entitled to collect against me.

Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consider my rights. This includes listing any information to a credit reporting agency that you have notice is inaccurate, illegal or invalidated, or verifying an account as accurate when in fact there is no provided proof that it is.

If you or your client has reported this item to a credit reporting agency, it should be removed at once.

I have also considered the attachment to your letter, which included the statement “ Please do not initiate legal proceedings against me(us).” It is my belief that attachment violates the FDCPA.

This letter invokes my rights under the federal and state FDCPA. I look forward to your written response in 30 days

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1. I DENY owing Fingerhut any money.

I would change this to "I don't recall doing business with your company."

Also, during this validation period,

There is no "period", they cannot collect until they send validation, whether it is a week or never. They can simply never respond, and as long as they take no collection action, they are in compliance. That is why the 1-2 punch is so important- it forces them to either delete or violate.

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I would use that verbiage! It doesn't make unreasonable demands and they should able to comply. Others may disagree, but I have seen the best results with "dispute" and "deny". The basic idea is to require the Plaintiff to refresh your memory by being prepared to produce absolute proof in court.

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To better understand the laws of California, go to the "Credit Repair" section on this site and near the top of page 1 is our sticky covering California. It is titled "The Law In Cali . . . . . ". Then read, read, and read some more.

If I understand your original post correctly, you say that you received this letter from a CA after disputing the TL with the CRA's. If this is correct, it is a normal response from some CA's. Many times a CA, upon receipt of a dispute from the CRA, will send a letter of sorts to the debtor, sometimes proof of debt, whether actual or their own, or a threat in hopes you will respond in some way that they could cause you to pay. this is SOP. At such time you do receive one, just send the DV. If their letter is their own computer generated, you need to include the verbiage that their proof does not meet the requirements as it must be from the OC.

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