Jump to content

Help with the Old 1 2 punch


sj145
 Share

Recommended Posts

On November 29, 2008. I sent Credit Collection Service a debt validation letter.Now the debt that they claim is for a Progressive Insurance acct. They claim that I owe $362.31 for this acct.

Here is the letter as follows

Credit Collection Service

PO Box 9134

Needham, Ma 02494-9134

November 29, 2008

Re: Acct

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on September 30, 2002). 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 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

So about a week later I send a letter to the big 3 disputing the acct. Around the same time I get a letter back from Credit Collection Services that states the following:

We are in receipt of your recent correspondence concerning the account listed above. Under the FCRA, section 623a (15 usc 1681s-2), we are unable to investigate your dispute by reason of your failure to provide sufficient information to investigate the disputed information.

In order for us to take further action, we must have from you the information required under 623(a)(8)(D). Specifically, identify the specific information that is being disputed, explain the basis for the dispute and include all supporting documentation to substantiate the basis of the dispute. Pending receipt of the information, we have advised the credit bureaus to whom we report that this account is disputed.

Ok, I am at this point now so what should my next action be. They are clearly not following FDCPA and for whatever reason they seemed to try to counter me with FCRA. I want the collection item off my credit reports and I have not gotten a response from the big 3 yet. Any suggestions would help

Link to comment
Share on other sites

If indeed they have marked their TL on your reports as "in dispute", then they have followed the FDCPA. They can take as long as they like to find and send you validation. And, under the FDCPA, the only things they are required to send is the OC's name and the amount of the debt...not they laundry list we normally "require".

As for their invocation of the FCRA in return, I'm guessing it just a smoke screen to confuse you while they try to get validation. Assuming you sent a copy of their letter along with yours, you've given them sufficient info to track down validation.

Wait for their next move....

Link to comment
Share on other sites

If indeed they have marked their TL on your reports as "in dispute", then they have followed the FDCPA. They can take as long as they like to find and send you validation. And, under the FDCPA, the only things they are required to send is the OC's name and the amount of the debt...not they laundry list we normally "require".

As for their invocation of the FCRA in return, I'm guessing it just a smoke screen to confuse you while they try to get validation. Assuming you sent a copy of their letter along with yours, you've given them sufficient info to track down validation.

Wait for their next move....

Ok I have one more question for you. I am just trying to get the collection removed from the big 3 so after I sent them a DV I sent a letter to the bureaus. From my understanding they are not allowed to respond when the bureaus contact them. Am I right with this

Link to comment
Share on other sites

  • 2 months later...
Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.