IngridA

Please critique my letter to CA

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Please reference my original thread:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=263528

Here is my letter (actually my DH's letter, since this is his account):

To Whom It May Concern:

I am in receipt of your most current letter dated April 17, 2007.

I am perplexed as to why you continue to contact me to collect on this account in blatant violation of The Fair Debt Collection Practices Act §809 (B):

If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

Please check your records. Your first collection letter regarding this debt was received by me on January 8, 2007. You received an original dispute letter requesting validation from me on February 5, 2007, which was within the 30 day period as described in §809 (a). A second collection letter was received by me on March 3, 2007, yet NO VALIDATION was received by me from you office. I sent a second letter to you requesting validation on March 12, 2007, reminding your office that you signed a certified mail receipt for my original dispute letter. You signed for this letter on March 15, 2007. Again, no validation was received by me from your office.

I have now received your latest letter in which you state “You have ignored this matter and apparently decided not to make this situation a priority.” In fact, it is YOUR OFFICE who has chosen to IGNORE my communication and IGNORE my timely request for validation of this account, and by continuing to collect on this unvalidated debt, your office has chosen to IGNORE FEDERAL LAW!

This is where I get stumped - what exactly can we ask for? I think we have a pretty strong case for getting the $1k as defined by statute if we take this to court. Should we be asking for this now?

Any help is appreciated.....TIA! :)

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I assume the first DV letter wasn't sent certified?

Actually, no, it was sent certified....got the green card, too, in the file. I need to make that more clear in the letter...

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Forgot to add, too, that all of our correspondence with this collector has been sent certified and with the green cards returned. I was on the ball this time! LOL!

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I am still a newbie...but from I've read, here's my newbie suggestion (that should be verified by the elders)...

First, I would change "I am perplexed as to why you continue to contact me to collect on this account in blatant violation..."

to:

"You have violated FDCPA law..."

it is of my opinion that you should be more aggressive at this point. If they have truly violated the FDCPA a few times (which seems to be the case)...start gathering your evidence. If they don't respond the way you want to this letter here, your next should be an ITS unless they immediately cease their collection efforts and remove any negative information from your credit report, if they have put it on there.

Any more experienced people have any critiques of this advice?

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This is where I get stumped - what exactly can we ask for?

Are they reporting this monthly? Have they marked your CR as disputed? If it were me, I would skip the DV. You've already given them ample opportunity to respond. I would go straight for the jugular and send an ITS. Tell them that if they don't remove and FOAD, you will see them in court. You've been patient enough and have enough evidence of their blatant disregard that you will either get it deleted or make them pay in court. Especially if you DV'd within the 30 day window and they didn't even mark your CR in dispute. Remember that reporting to the CRAs is considered "collection activity". Another violation.

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ahhh.. but herein lies the rub....whats to stop them from claiming that they sent validation to you each time you requested it?? youre just not acknowledging that fact and your pretending that they didnt comply in order to rack up violations...

how can you prove that they didnt send anything??

you cant...thats one of the reasons why this whole system is screwed...

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Please check your records. Your first collection letter regarding this debt was received by me on January 8, 2007. You received an original dispute letter requesting validation from me on February 5, 2007, which was within the 30 day period as described in §809 (a). A second collection letter was received by me on March 3, 2007, yet NO VALIDATION was received by me from you office.

She has proof of collection demand, and no validation.

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I guess I'd gamble w/the letters not proving validation and let a judge decide. That's just me though. I'm a gambler.[:-)x

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Thanks for the replies so far, folks!

The odd thing is that they are not reporting to the CRAs at all....so there's nothing to get them on in terms of that aspect.

As for them coming back at us and saying that they did send validation, but now we're lying and saying that we didn't get it....well, they could acknowledge that to us in any correspondence that they sent us, in order to make themselves look better in court, but they have not. Both letters sent after our DV request have said that "you have chosen to ignore this matter" when we indeed have not - they signed for two certified letters, copies of which I have in my file.

I've decided that we are going to contact an attorney to advise us further on this, so I'll be sure to update...

Thanks again!

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