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Enhanced Recovery (CA) - Galaxy Portfolio (JDB)


GDayMateAZ
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Today's Date

In reply to: Ref. No xxxx

Enhanced Recovery Company, LLC.

8014 Bayberry Rd,

Jacksonville FL 32256-7412

This letter is being sent to you in response to your Initial Collection Notice sent to me March xx, 2011, which I have received April xx, 2011.

Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act (“FDCPA”), 15 USC 1692g Sec. 809 (B) that your claim is disputed and validation is requested.

This is a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section.

I respectfully request that Enhancement Recovery Company, LLC (“ERC”) offices provide me with competent evidence that:

a) the account is valid,

B) the amount allegedly owed is accurate,

c) I have a contractual obligation to pay Galaxy Portfolio (“GP”) for this alleged debt.

All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to GP for this alleged debt:

• Signed credit application between myself and the alleged Original Creditor, HSBC Card Services (“HSBC”),

• Copies of all signed vouchers from the date account was opened until default,

• Copies of all statements from the date account opened until default,

• Proof that the alleged account is still within Arizona Statute of Limitations (THREE years under A.R.S § 12-543),

• Continuous, unbroken chain of assignments (agreements in writing) from HSBC to ERC thru GP that substantiates GP’s claims of ownership of this alleged debt through tender of proper documentation specifically relating to my particular alleged account.

• If the alleged debt was purchased, provide a copy of an agreement between GP and myself, signed by me, stating that I have a contractual responsibility to GP for the alleged debt,

• Provide proof that ERC is bonded/licensed for debt collecting in Arizona and that both ERC and GP have an authority to transact their business in Arizona.

Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims GP is asserting regarding this alleged debt. If GP CANNOT provide all of the validation media requested above,

ALL collection efforts MUST be stopped and the account MUST be DELETED by both GP and ERC from my Credit Reports with all Credit Reporting Agencies.

If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another Collection Agency. Also, reporting a debt to the Credit Reporting Agencies that cannot be validated is a violation of the Fair Credit Reporting Act (“FCRA”), Sec. 616 (15 USC 1681(n)), and carries a $1,000.00 fine to be paid to me. I have two years to decide if I want to pursue this matter.

PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.

If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.

I am also stating, in writing, that no telephone contact be made by your offices.

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 United States Postal Service.

Me

My address

Edited by GDayMateAZ
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they don't HAVE to send you all that. And I think you will get the attention your letter deserves if you simply sya " I don't know who Galaxy is, and I did not have an account with HSBC." Please give me proof otherwise. And be done with it

I think a lot of people realize CAs don't have to respond to much, but I'm in the camp of providing the opportunity for as many responses as they wish. And, contrary to popular advice, I want to be placed on their radar screen, with as strong of a negative profile as possible.

Plus, I eliminate such words as "respectfully", etc. I've always demanded, demanded, demanded. What's best? I don't know. But I do know what makes me feel the best. I like the OP original demands; and personally I would make them even more strident.

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I think a lot of people realize CAs don't have to respond too much, but I'm in the camp of providing the opportunity for as many responses as they wish.

And, contrary to popular advice, I want to be placed on their radar screen, with as strong of a negative profile as possible.

Learning,

I'm in the same camp :-)

Plus, I eliminate such words as "respectfully", etc. I've always demanded, demanded, demanded. What's best? I don't know. But I do know what makes me feel the best. I like the OP original demands; and personally I would make them even more strident.

This DV template that I borrowed from Bud Hibbs site

http://www.budhibbs.com/bh/

http://www.budhibbs.com/collectorpages/midland_credit_management.htm

the last year (2010),

worked successfully for me: all CAs (except of Midland) calls and letters dried out.

Edited by GDayMateAZ
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I am of the opposite opinion. I say as little as possible in as few words as possible. That way there is no misunderstanding. My philosophy is "give them enough rope and they will hang themselves" and I am rarely disappointed.

It's whatever works based upon one's own experiences, of course. But by saying or asking for "little in as few words as possible", where's the "enough rope"? That's a short rope.

Plus, it very well could be there is no "formula". They decide and do what they do, and no one really knows, perhaps, why they do what they do. Maybe they're sharp enough to develop a big picture of what their success or failure probables are?

What I know is I feel the best when I'm on the offensive while being defensive. That means I challenge, always.

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  • 1 month later...
I think a lot of people realize CAs don't have to respond to much, but I'm in the camp of providing the opportunity for as many responses as they wish. And, contrary to popular advice, I want to be placed on their radar screen, with as strong of a negative profile as possible.

Plus, I eliminate such words as "respectfully", etc. I've always demanded, demanded, demanded. What's best? I don't know. But I do know what makes me feel the best. I like the OP original demands; and personally I would make them even more strident.

As of today, they (Enhanced/Galaxy) did not send me anything back.

Also, I don't have a TL with them in any my three annual free credit reports,

that I pulled the last week.

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  • 1 year later...

Don't forget the important additions:

1. Validate pursuant to FDCPA

2. All telephone calls are inconvenient.

3. My employer prohibits all personal telephone calls

4. I will enforce all my rights under law.

 

is all this really necessary? meaning, does it make a difference that you say this?

 

I've heard CA should know the law and its redundant, but then ive heard others say, you can say it and the dirty ones will still call you or your employer if they can get their grimy hands on the info

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It all depends on what you are wanting to accomplish:

 

1.  actually get the minimal response the law requires

2.  get them to stop collecting

3.  get them to violate

 

Sending the DV can accomplish any of the above.  A simple DV works best.  It never accomplishes the below:

 

4.  get them to send everything they have

5.  make them fear you

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