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Next Step-Should I send them FDCPA Violation Letter?


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Thanks to all of you who have responded to me. I have been able to sleep better at nights knowing I have some support group out there (if you know what I mean)....

According to the debt validation strategy in this forum it states:

Wait 30 days to hear back from the collection agency. Most likely they will not respond or they will respond saying that they received your letter. Only a letter which includes:

Proof that the collection company owns the debt/or has been assigned the debt,

Complete payment history, starting with the original creditor, and

Copy of the original signed loan agreement or credit card application

is satisfactory.

What gets me is they don't have any of these things stated above except for maybe the proof that the collection company owns the debt/or has been assigned the debt (if that is what you call the STATEMENT OF AFFIDAVIT I got). They didn't send me any complete payment history, starting with the original creditor, and/or a

copy of the original signed loan agreement or credit card application

being satisfactory.

Therefore the forum states:

If they haven't sent you satisfactory proof, send a copy of your receipt for your registered mail, a copy of the first letter you sent and a statement that they have not complied with the FDCPA and are now in violation of the Act. Tell them they need to immediately remove the collection listing from your credit report or you are going to file a lawsuit because they are in violation of the FDCPA, section 809 (B).

Wait 15-20 days to hear back after this second letter to the collection agency. They will either remove it or not respond.

My next question: Should I send send a copy of my receipt for my registered mail, a copy of the first letter I sent and a statement that they have not complied with the FDCPA and are now in violation of the Act and tell them they need to immediately remove the collection listing from my credit report or can I file a lawsuit because they are in violation of the FDCPA, section 809 (B). ??????????

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To second Nacsar's thought, step back and think about it. You asked for a whole lot of things a CA isn't legally bound to give you. You ask to show you mena business, but they are used to it by now.

Instead of arguing over what you didn't get, ask yourself what you really need? What is your dispute? Is the debt yours? Is the amount inflated or obviously wrong? Do you understand how they came to the amount? If these are your disputes, say so. and tell them that you continue to dispute your liability and they should cease collecting til they can validate to you. But you shouldn't be surprised that you haven't received everything you asked for.

The DV process is not a silver bullet. Sometimes you can use it to make a CA stop bothering you. Sometimes you can use it to get a negative item off your CR. And, yes, sometimes the CA or JDB trip over the law and you can find a violation in their wake. But if there is a legitimate debt behind all this, you have to deal with it eventually.

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