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Sample FOAD letter for collection outside SOL?


MrFurious
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Greetings CIC people!

I am grateful to have found your community...it is awesome that you guys stand up against these Goliath bullies.

I recently received a collection letter from AFNI regarding a stale 1998 collection from a cell phone company.

This is well outside the the SOL for Utah and I wanted to get your opinion on how to proceed. I have read that some people advocate a simple FOAD letter for a situation like this.

Does anyone have a sample FOAD letter that they have used with success?

I would love to send a:

Dear Afni,

FOAD plsthx

Love,

MrFurious

...but I am not sure that would actually have such great results. :mrgreen:

I am just trying to shorten the time to resolve this by avoiding the DV process.

Thanks in advance,

~B

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Does anyone have a sample

I like to keep it simple and to the point. This is all I ever send.

"Pursuant to 15 USC 1692c© CEASING COMMUNICATION, you are hereby notified to cease further communication with me regarding the above referenced account except as provided for by law."

That's it. No threats. No BS

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You still need to cover your bases in a FOAD letter.

you

your address

(right side of page alignment)

CERTIFIED MAIL

RETURN RECIPE REQUESTED

USPS TRACKING # 0000 0000 0000 0000

ANFI

1234 road street

city, state 00000

DATE (don't forget!)

RE: Account # 1234564757879

Gentlemen:

You have been attempting to collect on the above referenced, disputed debt. You have failed.

The alleged debt is fraudulent on it's face, and even if it were not, the Statute of Limitations has expired.

Any further attempts to collect on this illegitimate debt, including reporting it to any credit reporting agency, will be met with an immediate lawsuit, naming you as the defendant.

Furthermore, if you ever sell this fraudulent debt to any other unsuspecting debt buying company, who then tries to collect on it, I will sue both them and you.

Pursuant to the FDCPA, I demand that you cease any and all communications with me. Any and all phone calls from anyone at anytime, regarding this alleged debt, will be recorded.

Notice to principal is notice to agent.

Notice to agent is notice to principal.

Applies to all assignees and successors in interest.

Sincerely,

Mr. Furious

Notes:

- Don't forget to put the date you mailed it!

- This assumes you have already, or will, get rid of their TL's via direct disputes through the CRA's. If they already have one, then dispute a few days after you send this letter.

- You still need to make sure the word "Dispute" is on there somewhere in case they do go ahead and add a tradeline.

- If they do, and actually mark it as "Disputed by consumer" you will have to send an ITS, with a copy of the complaint.

- For this letter to be more than a bluff, you need to actually be willing and able to sue.

- Definitely use certified mail

- The "Notice to principal ..." notation at the bottom may be defeated if it ever does end up in court, but use it anyway to prove that you will be much more trouble for them than you are worth.

- Make sure you actually sign it, but with your left hand or initials or something that is contrary to your usual signature. The reason being that, they have to sign for it to get it (CMRRR) and any document signed by both parties is legally admissible as powerful evidence.

- the more you can use negative buzz words like "illegitimate" "Fraudulent" , etc. the more powerful your letter is.

- The "you have failed." part is the F.O.A.D.

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They may very well take it personally and retaliate that way.

If they do that, then you send them the ITS, stating that "Notwithstanding my cease communication order, I expect one written response from you as to what action you intend to take in this matter." (assuming you just demand they remove their tradeline in the ITS, instead of sending you money) and also dispute it with the CRA's at the same time. Keep hitting them with the 1-2 punch.

Once again, you have to be willing and able to actually sue, though, because the bad guys often have so much money that they just don't care, and if they recognize any letters from sites like this, it makes them even more stubborn than they usually are.

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Thank you for the awesome input.

I did pull my CR's and these clowns have not reported, however I see that they pulled my TU to get my address.

While I like the brief and to-the-point method that Nascar recommends, I also do not want this to haunt me every 6 months for the rest of my life either. With this in mind, I think I am leaning toward Big Time's "urban assault" approach in an attempt to slam the door on reporting or selling the debt.

I think I will modify it a bit to be a smidge friendlier in the hope that I can prevent someone from wanting to manipulate my credit on principal.

Thanks for the advice!

~B

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Possibly insert:

"After receipt of this letter, I invite you to F*** off and/or die. I'd suggest you try both in sequence. Hope this helps.

-- Mr Furious

THIS IS AN ATTEMPT TO ENCOURAGE YOU TO F*** OFF AND DIE. ANY INFORMATION RECEIVED WILL BE USED BY ME TO FURTHER THIS ACTION."

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Better yet...

"Go fornicate yourself with your genetically absent appendage and depart this world".

Let 'em get out the dictionary. :)

Even then, I still think they would have trouble comprehending the above statement. I understand the CAs have trouble with anything beyond two syllables, especially if it's a phrase that doesn't include "Send me money now or we'll sue!"

Better yet, write it in a foreign language and have them hire a translator to figure out what it means! You get that double satisfaction of them wasting money AND telling them to FOAD ::devillaugh::

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I put the url of this thread in gizoogle.com and got this translation of Big Time's post. I think you should definately send them this version of the letter instead. They will probably understand it much better.

You stiznill need ta cova yo bases in a FOAD letta�.

you

yo address

(right side of page alignment)

CERTIFIED MAIL

RETURN RECIPE REQUESTED

USPS TRACKING # 0000 0000 0000 0000

ANFI

1234 road street

city, state 00000

DATE (don't forget!)

RE: Account # 1234564757879

Gentlemen:

You have been ridin' ta collect on tha above referizzle disputed debt. You have failed.

The alleged dizzy is fraudulent on it's face, n even if it were not, tha Statute of Limitizzles has expired.

Any wanna be gangsta attempts ta collect on this illegitimate dizzay includ'n messin' it ta any credit report'n agency, W-to-tha-izzill be met wit an immediate lawsuit, nam'n you as tha defendant.

Furthermizzle if you ever sell this fraudulent dizzy ta any otha unsuspect'n D-to-tha-izzebt buy'n company, who thizzay tries ta collect on it, I wizzay sue both thizzay n you with my forty-fo' mag.

Pursuant ta tha FDCPA, I demand tizzy you ceaze any n all communicizzles wit me. Any n all phone calls friznom anyone at anytime, ho-slappin' this alleged diznebt, W-to-tha-izzill be recorded.

Notice ta principal is notice ta agent.

Notice ta agent is notice ta principal.

Applies ta all assignees n successors in interest.

Sincerizzle

Mr. Furious

Notes:

- Don't forget ta put tha date you mailed it!

- This assumes you have already, or will, git rid of they TL's via direct disputes through tha CRA's gangsta style. If they already have one, tizzy dispute a few days afta you send this letta�.

- You still need ta makes sure tha word "Dispute" is on there somewhere in case they do go aheezee n add a tradeline.

- If they do, n actually mizzay it as "Disputed by consumer" you W-to-tha-izzill have ta send an ITS, wit a copy of tha complaint.

- For this letta ta be more tizzle a bluff, you need ta actually be will'n n able ta sue.

- Def use certified mail

- The "Notice ta principal ..." notation at tha bottom may be defeated if it ever does end up in court, but use it anyway ta prove tizzy you wiznill be mizzay more trouble fo` thiznem thizzan you is wizzorth.

- Makes sure you actually sign it, but wit yo left hand or initials or sum-m sum-m T-H-to-tha-izzat is contrary ta yo usual signature . They call me tha black folks president. The reason being thizzay they have ta siznign fo` it ta git it (CMRRR) n any document signed by B-to-tha-izzoth parties is legally admissible as powerful evidence.

- tha more you can use negative buzz words like "illegitimate" "Fraudulent" , etc. tha more powerful yo gangsta is now mother****ers lemme here ya say hoe.

- The "you have failed." part is tha F.O.A.D.

__________________

Knowledge is Powa, n I kizzy tha Trizzay.

Last edited by Big Tizzle : 04-26-2007 at 09:03 PM .

SBD

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Furthermore, if you ever sell this fraudulent debt to any other unsuspecting debt buying company, who then tries to collect on it, I will sue both them and you.

Legally you cannot stop them from selling the debt. An out of statute debt is not fraudulent, it's just legally unenforceable. You cannot stop them from selling the debt, that would be restraint of trade and certianly NOT illegal for them to do so.

I don't think it's at all necessary to add all that extra verbiage - K.I.S.S. is actually best. You don't need the threats, veiled or otherwise, they are IMMUNE to that kind of stuff, they hear/see it thousands of times a day. By asserting a legal stance where none exists, you just make yourself look like an idiot in their eyes.

K.I.S.S - tell them to cease and desist all communications, they are never to contact you again regarding the alleged debt as it is time-barred per your state statutes. Period.

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The purpose is to warn them that I will hold them liable for their conduct.

Calling a debt "fraudulent" refers to the bad habit JDB's have of adding interest and fees to it that they never were legally entitled to.

I'm not to worried about what some sleazy JDB thinks of me, personally. I'm not writing to impress them or scare them. I'm warning them that I will cause them to spend money defending themselves when they have no hope at all of recovering anything from me. That's the only language they understand.

Quoting laws to them, that they don't really care about, doesn't always do much good unless you make it clear that it will cost them money.

My letter isn't for the timid. It should be used only by people who are comfortable with being litigious. I've actually only had to use it twice so far.

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