Need Help

[mommyof2 0]

Hello My husband received this letter last week . 

i was looking for help on how to respond to the letter and how to keep them for suing or getting a judgment.  what are my options? 

[Harry Seaward 1,356]

You cannot keep them from suing.  But if you follow the instructions in the second paragraph, you can make it an FDCPA violation for H&H to sue before they validate the debt.

[mommyof2 0]

1 hour ago, mommyof2 said:

Hello My husband received this letter last week . 

i was looking for help on how to respond to the letter and how to keep them for suing or getting a judgment.  what are my options? 

Dear debt collector: Hunt & Henriques

 I am responding to your contact about a debt you are trying to collect. You contacted me by mail on September 10^th 2016 and identified the debt as Capital one Bank(USA), N.A

Please supply the information below so that I can be fully informed:

Why you think I owe the debt, and to whom I owe it, including:

• The name and address of the creditor to whom the debt is currently owed, the account number used by that creditor, and the amount owed.

 • If this debt started with a different creditor, provide the name and address of the original creditor, the account number used by that creditor, and the amount owed to that creditor at the time it was transferred. When you identify the original creditor, please provide any other name by which I might know them, if that is different from the official name. In addition, tell me when the current creditor obtained the debt and who the current creditor obtained it from.

• Provide verification and documentation that there is a valid basis for claiming that I am required to pay the debt to the current creditor. For example, can you provide a copy of the written agreement that created my original requirement to pay?

The amount and age of the debt, specifically:

• A copy of the last billing statement sent to me by the original creditor

• State the amount of the debt when you obtained it, and when that was.

• If there have been any additional interest, fees, or charges added since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each added amount. In addition, explain how the added interest, fees or other charges are expressly authorized by the agreement creating the debt or are permitted by law.

• If there have been any payments or other reductions since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each of them.

• If there have been any other changes or adjustments since the last billing statement from the original creditor, please provide full verification and documentation of the amount you are trying to collect. Explain how that amount was calculated. In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the debt or permitted by law.

• Tell me when the creditor claims this debt became due and when it became delinquent.

• Identify the date of the last payment made on this account.

• Have you made a determination that this debt is within the statute of limitations applicable to it? Tell me when you think the statute of limitations expires for this debt, and how you determined that.

 

I have asked for this information because I have some questions about this debt. Because of my questions, please consider the debt to be disputed at this time. If you stop your collection of this debt, and forward or return it to another company, please indicate to them that it is disputed. If you report it to a credit bureau (or have already done so), also report that the debt is disputed. In addition, you should state in any report that you have failed to fully verify the debt in response to my request (unless you have already provided all the necessary information).

If you fail to provide any of the information or documentation I have asked for, please say why. If you do not provide it, and do not adequately explain why, I will understand that you are unable to confirm or document your claims.

Please let me know whether you are prepared to accept less than the balance you are claiming is owed on this account. If so, please tell me in writing your offer to accept less than the full balance.

 Thank you for your cooperation.

 Sincerely,

This what i have found online to send them in responds 

[BV80 2,797]

@mommyof2

Most of what you've requested is not required to validate a debt.   All that is required is some sort of documentation that shows the amount they claim.   For example, a credit card statement from the original creditor that shows the amount claimed would suffice. 

Here's a sample debt validation letter:

Date

 

Your Name
Address
City, State, Zip Code

Debt Collector
Address
City, State, Zip Code

RE:  Collection Account #

To Whom It May Concern:

I dispute the above-referenced account and request validation.

Your name

When I have sent DV requests, I've included a copy of the collection letter with my request.

 

[Cliff2009 42]

Do you know the year the alleged debt was opened? 

[sadinca 772]

good question. @Cliff2009

[mommyof2 0]

3 hours ago, Cliff2009 said:

Do you know the year the alleged debt was opened? 

Hello. I believe 2011 or 2012

[mommyof2 0]

4 hours ago, BV80 said:

@mommyof2

Most of what you've requested is not required to validate a debt.   All that is required is some sort of documentation that shows the amount they claim.   For example, a credit card statement from the original creditor that shows the amount claimed would suffice. 

Here's a sample debt validation letter:

Date

 

Your Name
Address
City, State, Zip Code

Debt Collector
Address
City, State, Zip Code

RE:  Collection Account #

To Whom It May Concern:

I dispute the above-referenced account and request validation.

Your name

When I have sent DV requests, I've included a copy of the collection letter with my request.

 

Thank you i will use this one.