What Would You Do?? Please read sorry so long.

[puck]

I sent this letter to Emerge:

I used the letter from this site,

I recently pulled my credit report from Equifax, Transunion and Experian and noticed the account mentioned above was listed. I do not recognize this so I disputed it with the credit agency’s. I received notice from the credit bureau that your company has verified that it is valid information. 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 ( 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;

Provide me with copy of original credit application that I signed;

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 the address noted in this letter by USPS.

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.

Best Regards,

The response I received from them was:

Re: Emerge account ending in xxxx

Dear xxxxx

This letter is in response to yor recent inquiry regarding the referenced account.

The account was a former Providian Visa account with the account numver ending in xxxx. Emerge MasterCard Services acquired a portion of the Providian account portfolio and began servicing the accounts on Octover 14t, 2002.

Please find enclosed copies of the first available and most recent statements.

The account was opened on December 22, 2000; The application is not available.

We have notated that you have the customer's permission to discuss the account. If you have any further questions regarding this account, please contact customer service at 1-888-233-9538 or cardholderservices@emergecard.com.

Sincerely,

Adrienne

This is not sufficient right? So now can I sue them?

[swirlgirl]

What are you suing them for? If you read the law, they have met the minimum for validation. They are not required to provide the laundry list of items at this stage. Now, it's your option to sue if you want to. Just make sure you have your ducks in a row.