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Looking for input on my next step


ryan0841
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I received a call from a collector about a month ago (Aurora, Gold and Associates in New York). Of course they were doing the whole "we are about to file a judgement against you and want to give you this week to pay the debt before we file in your county" speech. They said they have a letter they could send me. I had them email it to me on September 6th. It was a typical letter saying essentially the same thing they said on the phone. I then responded yesterday with this letter:

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on September 6, 2007. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with 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;

• Identify the original creditor;

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

• Show me that you are licensed to collect in my state

• Provide me with your license numbers and Registered Agent

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 in the following Declaration, 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.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to me via email at xxxx@xxxx.com.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

They responded to the email with this:

We are in receipt of your letter. Unfortunately due to lack of communication we have sent the file to our affiliate counsel in your state. Along with that all the notes that we issued to the interviewer you spoke with. According to his notes and the conversations i was privy to, you never disputed the debt, You claimed you have bad credit and were unable to settle the account, but you did offer to make a payment arrangement. Now why would you offer to make arrangements on something you feel you do not owe? That does in fact puzzle me. Well Sorry for the inconvenience, we did attempt to assist you. I wish you good luck and health.

Management at Aurora, Gold & Assoc.

First of all, I never spoke to anyone with them and certainly never told someone the things they claim I did. Secondly, what does this even have to do with my request for them to validate? How should I respond to this letter? Any input would be greatly appreciated. Thanks.

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1# rule, everything in writing. Hardcopy. CMRRR on your end. No discussions on the phone (or email).

Send them a simple DV letter CMRRR. They should have sent you a dunning letter within 5 days of initial contact.

What are the particulars of the debt?

Are they reporting on your CRs?

-r

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They aren't giving any particulars on the debt - that was partly the purpose for the DV letter. They are just saying that they are acting on behalf of their client for this debt. As for the dunning letter, they have my old physical address and may have sent something there. However, it is in a different state and I never received anything from them. The first contact I had with them was when they called on September 6th.

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They won't tell me any of the particulars I asked for. That was partly the purpose of the DV letter. I was laid off about 3 years ago and did have some debts go bad due to lack of cash flow. So, I believe the debt may be one of these old debts. However, on my CR, these credit card companies charged off the debt. This collector that is calling me is not reporting on my CR. So, I am wondering if I should deal with them at all - and without them validating the debt for me I won't know.

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