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Help.. A little nervous about this one


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I have a unpaid charge off account from a WAMU credit card last activity was about 2 years ago. I havent heard anything from anyone in quite a while.

I just recieved a letter from a local attorney about this debt. It somhow re-surfaced. I havent disputed it with CRA yet.

Just a standard dunning letter, stating the account name, account number and amount owed.

What should I do at this point? Should I send a letter to them requesting validation.. and should I send anything to the CRA's regarding this account? (keeping in mind that just yesterday I sent out a dispute letter to all 3 CRA's for other things but not this one yet.

I am just worried about getting sued, the amount is $6000.00 which is more than I thought it was.. it should be aroung 4000.00.

I cant afford to pay it right now, I really wish I could setup a payment plan with the OC, but I dont think thats possible at this point.

Is this a good letter to send to the CA, I took it from a sample, but changed it up a bit.

Date

Re: Acct # XXXX-XXXX-XXXX-XXXX

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 ( 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. What fees/or interest has been applied to the debt and how you determined these fees;

Provide complete payment history;

Provide me with copies of the original signed agreement or credit application showing I owe this debt.

Identify the original creditor;

Prove the Statute of Limitations has not expired on this account

Provide proof that you own the debt or have been assigned the debt;

Show me that you are licensed to collect in my state

Provide me with your license numbers and Registered Agents

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 inform you that, all calls to my home are recorded and that calls to my place of employment are prohibited.

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,

According to all 3 CRA's the charge off amount was $4,104.00

This letter states the amount of the debt is $6,052.00 How can this be so much different than the charged off amount...??

Im nervous about this one.... I was hoping it would stay asleep longer... help please!

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You send the letter to put a stick in teh spoke, or to catch your breath.

Your letter does everything except what it should do: tell WAMU 's lawyer what you dispute. If this is not your account, say so. If you only dispute the amount, say so. Telling the lawyer " I never had a WAMU account" goes a lot farther than telling him you record phone calls.

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Once the account is turned over to Attorney the original credit will not work with you. You will have to negotiate with the Attorney and most are willing to work on a payment plan but keep in mind they will slap stupid fees and litigation charges etc and make your 4K debt to 6K-8K.

If you have good credit then try to work with them but if your credit is shot then just change your number and go silent and do not respond or just keep sending them DV. As I understand credit card is unsecured debt. They can sue all they want but as I understand they cannot take anything from you forcefully. 4K is a small debt and I bet it will be written off.

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4K is a small debt and I bet it will be written off.

I don't think $4000 is a small debt (plus with fees it's $6000) that they will write off. Heck, I was sued for $1000 before. I've read on here, people that were sued for a couple of hundred.

With the economy the way it is...I feel alot of collectors will start suing. They have much to gain by judgments against people. And most people are broke and can't hire an attorney to fight them. And most don't know what to do to help themselves. IMO...I think the amount of lawsuits are going to rise.

On our way....you should really try talking to WMAU and seeing if you can work something out with them. I'm not sure it would help at this point (with it already being at a lawyers office) but it can't hurt to try.

Sending a DV is always a good thing. BUT at the most...it probably only buys you a little time. I keep my DV's short and simple. I don't go into huge long list and details about the laws. I always ask for an itemized statement of all the charges and fees and proof that they are hired to collect on this debt.

Wait and see what the lawyer sends you. Depending on what you get, you can always call them (if Wmau doesn't work with you) and make some kind of arrangements before you get sued.

Just my 2 cents.

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And by the way, WaMu is now Chase.

You can send a DV letter (as stated above) to by you some time. I'm sure it'll take a few rounds before being sued. Play the DV game; it'll by you some time, and you might get some threats of being sued but it's the game.

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And by the way, WaMu is now Chase.

You can send a DV letter (as stated above) to by you some time. I'm sure it'll take a few rounds before being sued. Play the DV game; it'll by you some time, and you might get some threats of being sued but it's the game.

I couldn't agree more. There is a big difference in Threatening letters of suing you vs. suing you. This is a technique to get many to pay. Worst case if they sue you then you go to court. BIG DEAL. You can either accept its your charge and ask for payment plan or dispute and show evidence that it is not yours.

I would just keep the Letter of Threats in a file and keep responding by DV.

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