How is this DV and C&D letter?

[CDL]

I just wanted to cover all bases. Any suggestions, concerns, comments?

Stoneleigh Recovery Associates, LLC

1919 S. Highland Ave, Suite 325-B

Lombard, IL 60148

Re: Acct: # XXXXX

Dear Sir/Madam,

I am writing to you in response to your initial dunning letter which I received on 06-21-2008 in which it informs me of my Validation Rights. Let me start out by telling you I am well versed in the Fair Debt Collections Practices Act, Fair Credit Reporting Act, as well as, Pennsylvania’s Fair Credit Extension Uniformity Act, and Pennsylvania’s Unfair Trade Practices and Consumer Protection Laws. I am amazed that you are attempting to collect on an alleged debt that was charged off in 1996.

I know this because I called Credit Acceptance Corporation because I do not recall ever doing business with them. They would only inform me that it was a car loan and it charged off in 1996. Nevertheless, I dispute this alleged debt in its entirety. I am requesting Debt Validation per the FDCPA. I am not requesting you just parrot the Original Creditor’s name, address, and the amount you/they are requesting, I am demanding STRICT PROOF of this alleged debt belonging to me, as I said, I do not recall whatsoever, obtaining a car loan around that time or ever doing business with Credit Acceptance Corporation, so you better provide enough proof to really jog my memory.

You may send that with your final correspondence to me. I will also advise you that a charged off debt in 1996 would have a Statute of Limitations in Pennsylvania expiring in 2000. The credit reporting period for this alleged debt would have expired in 2003 per the FCRA. I would like to inform you this alleged debt has NEVER been on any of my credit reports, nor have I ever received anything from any of the businesses you name.

The business you claim you purchased this alleged debt from I can not find anywhere and it appears you are not licensed in IL. It doesn’t appear you are registered with the Pennsylvania Department of State either.

You need to retire this alleged debt to a dead file because I dispute it and you cannot sell a disputed debt and you cannot validate an alleged debt from 1996 that is well beyond any and all Statute of Limitations, so there is no alternative but to retire it to a dead file. If I am contacted by any other collection agency in regards to this matter I will file suit against you.

You are not permitted to contact my employer, such calls are prohibited. You are not permitted to contact any of my family, friends, or neighbors because my information is above and there is no need for locator information. ALL PHONE CALLS TO MY PHONES, WHICH ARE CELL PHONES, WILL BE RECORDED.

You have no right to report this alleged debt or add any inquiries to any Credit Reporting Agency. I will be monitoring my credit reports diligently. Any and all matters pertaining to this alleged debt will be documented thoroughly.

This is formal notice that you cease all communication and collection efforts in regards to this alleged debt and do not forward/transfer or sell this alleged debt to any other collection agency or I will have no other alternative but to file complaints with the Federal Trade Commission, Better Business Bureau, Attorney Generals for PA and IL, and ACA International, as well as, seek any and all legal remedies.

Per law you are allowed one final communication with me, as I said above you can utilize this opportunity to provide me with the strict proof I requested. With that information I can make an informed decision as to what would be the best course of action.

Govern Yourself Accordingly,

CDL

[hiblues]

My question is:

Why all the posturing and why even request a DV on such an old debt; When a simple C@D will suffice?

Poof it's gone, never to be heard from again... ( by this CA anyway. )

Besides that, your letter kind of contradicts itself,

because if you were as well versed on the FDCPA and FCRA as you say you are

then you would know that all you need to do is a simple C@D, without all that other 'stuff';

you would also know that attempting to collect on a debt never expires; and you shouldn't be 'amazed' that they try.

What does expire is their right to report ( on your CR) and their right to sue.. however, their right to collect never expires, and only ceases when you send a C@D... and only ceases with that CA.- ( except in Wisconsin and Mississippi where once the States SOL has expired, so does the right to collect.- thanks Amerikaner )

[CDL]

Yeah, I know its way overboard. I just wanted to cover everything, that's all. Where did I contradict myself?

[Focus2069]

bah. 12 yr old debt.

Dear scumbag collector,

You might possibly collect on this debt, when pigs fly out of my a$$.

Even then, the odds are not in your favor.

Lovingly

Informed consumer.

[CDL]

bah. 12 yr old debt.

Dear scumbag collector,

You might possibly collect on this debt, when pigs fly out of my a$$.

Even then, the odds are not in your favor.

Lovingly

Informed consumer.

Yeah, I know, I'm just trying to impress upon them that this is misidentification and should be put to rest and not passed along. Besides if they're tempted to give me more ammo to prove this is not mine, why not?

There is someone with the same name as me that lives in the county I work in. When I applied for my job I had to meet with the commissioners and the local judge that we mostly deal with because they thought I was this person.

This person is not known for the right reasons and I believe this is his. If they send me info, that will bolster my IDT affidavit. If they pass this along and I get contacted by another CA then I will go the IDT route anyway, but I prefer to have more proof then not.

[Robert Nashville/Savannah]

First, I agree with the others; there is simply no need to ask for validation.

The primary purpose of requesting validation (inspite of what some use it for) is for the consumer to obtain enough information about an alleged debt to make a reasonable decision about paying/setteling/not paying the debt.

Is there anything in the universe that this CA could send you that would convinve you ot pay them anything? If the answer is no, then the DV process is a waste of time and money.

Moving on, a consumer sounds like a fool when they start throwing around "leagl" terma and telling someone else what the "law" says...unless you are an attorney with years of experience in the cort room regarding FDCPA/FRCR and other consumre law issues, I'd advise never to send a letter wtih this termonology in it.

If you want to send a good DV letter, write it that way you would write any good business correspondence - keep it brief, and keep it simple and don't use $5 words or legal/CIC jargon.

[Robert Nashville/Savannah]

...you would also know that attempting to collect on a debt never expires; and you shouldn't be 'amazed' that they try.

What does expire is their right to report ( on your CR) and their right to sue.. however, their right to collect never expires,...

That's not 100% true.

It's my understanding that in a few states, once the SOL has passed, it is a violation of that state's law for anyone to attempt to collect the out of statute debt. Whether that's true in the OP's state or not I dont' know.

[Amerikaner83]

not in PA - the 2 states Robert are referring to are WI and MS.

[CDL]

First, I agree with the others; there is simply no need to ask for validation.

The primary purpose of requesting validation (inspite of what some use it for) is for the consumer to obtain enough information about an alleged debt to make a reasonable decision about paying/setteling/not paying the debt.

Is there anything in the universe that this CA could send you that would convinve you ot pay them anything? If the answer is no, then the DV process is a waste of time and money.

Moving on, a consumer sounds like a fool when they start throwing around "leagl" terma and telling someone else what the "law" says...unless you are an attorney with years of experience in the cort room regarding FDCPA/FRCR and other consumre law issues, I'd advise never to send a letter wtih this termonology in it.

If you want to send a good DV letter, write it that way you would write any good business correspondence - keep it brief, and keep it simple and don't use $5 words or legal/CIC jargon.

Nash, I'm just trying to get them to send me any info they may have, that way if this keeps popping up I have documentation.

I think I'm being misinterpreted here. I'm not claiming to be a lawyer or having extensive experience with FDCPA/FCRA. I am making that statement to a CA/JDB in a letter. I am not taking that stance here in this forum.

I am going by the old adage; it's not what you know, it's what people think you know. I don't think I sound like a fool, I think that's a bit harsh, I agree my letter is way over the top but I think it's written by someone who's educated.

I write alot of detail oriented reports, so it's hard for me to write something short and sweet, believe me I try! I just wanted to convey all my thoughts to this CA/JDB and hopefully put it to rest.

[CDL]

not in PA - the 2 states Robert are referring to are WI and MS.

No, there are a bunch of law firms in PA suing CAs left and right for trying to collect on SOL debts. It seems to be a new trend here.

[razr]

I write alot of detail oriented ...

Do you say "alot" a lot?

-r

[CDL]

Do you say "alot" a lot?

-r

I guess I do. I have a teenager and a wannabe teenager! LMAO!

[Robert Nashville/Savannah]

Nash, I'm just trying to get them to send me any info they may have, that way if this keeps popping up I have documentation.

I think I'm being misinterpreted here. I'm not claiming to be a lawyer or having extensive experience with FDCPA/FCRA. I am making that statement to a CA/JDB in a letter. I am not taking that stance here in this forum.

I am going by the old adage; it's not what you know, it's what people think you know. I don't think I sound like a fool, I think that's a bit harsh, I agree my letter is way over the top but I think it's written by someone who's educated.

I write alot of detail oriented reports, so it's hard for me to write something short and sweet, believe me I try! I just wanted to convey all my thoughts to this CA/JDB and hopefully put it to rest.

I'm not saying you sound like a fool to me but I guarantee you, any CA who gets a letter like this will think you do.

[CDL]

I'm not saying you sound like a fool to me but I guarantee you, any CA who gets a letter like this will think you do.

I don't wish to make a mistake. It appears this JDB has only been around for less then a year. My thinking is if I do a basic C&D, they will just pass it on. If I just do a DV, then I'm just going to be dragging this out and possibly risking them putting it on my reports or the next CA/JDB.

I know I could just do the IDT route but I would like to have more proof, I like documentation, there's no arguing with that.

I appreciate your comments, what do you think I should put in, take out, or other action I should do?

[pierss08]

I agree with the others - just do the C&D. A well written C&D is much better than a friggin' confusing as all hell - make me take an aspirin - beat the dog - scream at the kids - change my contact lenses letter... which, with all due respect, is what you wrote in my opinion.

Just for what its worth.

pierss08

[Robert Nashville/Savannah]

I don't wish to make a mistake. It appears this JDB has only been around for less then a year. My thinking is if I do a basic C&D, they will just pass it on. If I just do a DV, then I'm just going to be dragging this out and possibly risking them putting it on my reports or the next CA/JDB.

I know I could just do the IDT route but I would like to have more proof, I like documentation, there's no arguing with that.

I appreciate your comments, what do you think I should put in, take out, or other action I should do?

Getting them to "not pass this on" is a non-starter. They probably will pass it on which is all the more reason to just tell them what to go do with themselves.

Tell you you dispute the debt in it's entirety.

Tell them base on your discussion with the original creditor of this alleged debt, that the debt is long past the statute of limitations for taking legal action and that if they should they be foolish enough to attempt to sue you, you will vigirously defend your rights.

Finally, tell them what to go do with themselves and their alleged debt.

[CDL]

Getting them to "not pass this on" is a non-starter. They probably will pass it on which is all the more reason to just tell them what to go do with themselves.

Tell you you dispute the debt in it's entirety.

Tell them base on your discussion with the original creditor of this alleged debt, that the debt is long past the statute of limitations for taking legal action and that if they should they be foolish enough to attempt to sue you, you will vigirously defend your rights.

Finally, tell them what to go do with themselves and their alleged debt.

Ok I get the consensus. I guess I would be a fool if I did not heed all your advice but man some of you are rough How is this:

Stoneleigh Recovery Associates, LLC

1919 S. Highland Ave, Suite 325-B

Lombard, IL 60148

Re: Acct: # XXXXX

Dear Sir/Madam,

I am writing to you in response to your initial dunning letter which I received on 06-21-2008 in which it informs me of my Validation Rights.

I dispute this alleged debt in its entirety.

I do not recall whatsoever, obtaining a car loan around that time and have never done business with Credit Acceptance Corporation. I called Credit Acceptance Corporation because I do not recall ever doing business with them. They would only inform me that it was a car loan and it charged off in 1996.

Based on this information, this alleged debt is long past Statute of Limitations and should you be foolish enough to file suit, I will defend my rights vigorously.

I would like to state this alleged debt has NEVER been on any of my credit reports, nor have I ever received anything from any of the businesses you name.

I will be monitoring my credit reports diligently. Any and all matters pertaining to this alleged debt will be documented thoroughly.

ALL PHONE CALLS TO MY PHONES, WHICH ARE CELL PHONES, WILL BE RECORDED.

This is formal notice that you cease all communication and collection efforts in regards to this alleged debt or I will have no other alternative but to file complaints with the Federal Trade Commission, Better Business Bureau, Attorney Generals for PA and IL, and ACA International, as well as, seek any and all legal remedies.

Govern Yourself Accordingly,

[Amerikaner83]

much better.