     John Lewis (Credithelp71) | Friday, April 27, 2001 - 06:13 am 
Can I send this Validation letter to the original creditor?
Date
Name and Address
of collection agency
Re: Acct # 000-000-000-000
To Whom It May Concern:
This letter is being sent to you in response to your attached letter. This is not a refusal to pay, but a notice that your claim is disputed.
This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete the attached form and follow its instructions and your claim will be processed as soon as this information is received.
Please be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation"; that is, competent evidence that I have some contractual obligation to pay you.
You should also be aware that sending an unsubstantiated demand for payment though the United States Mail System might constitute mail fraud under federal and state law. You may wish to
consult with a competent legal advisor before your next communication with me.
Please also be aware that if any negative mark is found on my credit reports from your company or any company that you represent, this will result in my filing an immediate lawsuit against you and your client for 1) Violation of the Fair Credit Reporting Act, 2) Violation of the Fair Debt Collection Practices Act, 3) Defamation of Character, 4) Negligent Enablement of Identity Fraud.
Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports.
I suggest you and get your records in order before I have to target you for legal action.
Best regards,
Cc: , Esquire
(note: just make up a name for the lawyer, just let them think you did it for good effect)
Page 2
CREDITOR DISCLOSURE STATEMENT
Name & Address of Creditor:
_______________________________________________
Name of Debtor: ____________________Acct #: __________________________
Address of Debtor: ________________________________________________________
Amount of Debt purported to be owed: _________ Date it became payable: ___________
Was this debt assigned to the collection agency or purchased? ______________________
Amount paid if purchased: __________
Commission for the collection agency if successful with assigned debt: _________
Please attach a copy of the agreement with your client that grants you the authority to collect on
this alleged debt.
Please attach a copy of any agreement that bears the signature of the alleged debtor wherein
he/she agreed to pay the creditor.
Please attach copies of all statements while this account was open.
Have any insurance claims been made by any creditor regarding this account? yes / no
Have any judgments been obtained by any creditor regarding this account? yes / no
Have any negative trade lines been reported to any credit reporting agencies regarding this
alleged debt? If so, please name the credit reporting agencies.
_______________________________________________________________________
Please provide the name and address of the bonding agent for the collection company in case legal action becomes necessary.
_______________________________________________________________________
____________________________________ ________________
Authorized signature for creditor date
Please return this completed form and attach all assignment or other transfer agreements which
would establish your right to collect this debt. Your claim cannot be considered if any portion of
this form is not completed and returned with the required documents. This is a request for
validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as
required by this law, your claim will not be considered and you may be liable for damages for
continued collection efforts. Please allow thirty days for processing after receipt of your request. |
| Dan Tembe (Dtembe) | Friday, April 27, 2001 - 08:04 am
Wow, I like this letter and the form.
I hope someone can have the form shown to a lawyer to see if we can use it, to send to the collection companies.
Also, here is a generic letter I was thinking of sending collection companies. I would appreciate any comments on the letter.
_______________________________________
XXXXXXXX. XXXXXX
9836 X. XXXXXXxXX. XXX xxxx
XXXX, XXXXXxxxxx
xxxxxxxxxxxx
April 26, 2001
ATT Wireless
13801 Wireless Way
Oklahoma City, OK 73134
CC: (name and address of lawyer)
Dear Sir or Madam:
I recently received my credit reports. Upon reviewing my reports, I noticed a collection item from your company.
I have no records of the debt.
Please provide me proof of the debt. Please be aware that bills issued by a company will not be considered proof of a debt. Only copies a signed promissory note will suffice. You should include the front and back of the note and any other documents that may accompany it. A notary's statement and jurat's would also be helpful.
Please also document the entire payment history, first date of delinquency and all other relevant facts regarding this account.
If you are unable to provide me the requested information, then please remove any notations you have posted to my credit file.
I am sending this letter by certified mail to keep a record of this mailing. Please take necessary actions in accordance with the FCRA, to comply with my request.
I thank you in advance for helping me with my request.
Regards,
XXXX X XXXXXX
_____________
I used a paragraph from Senator's past post to create this letter,
Once again, any constructive criticism is very helpful.
Dan |
| Christine Baker (Admin) | Friday, April 27, 2001 - 09:07 am
Very interesting. I'd like to have these letters reviewed AND copies sent to a REAL lawyer who WILL take legal action. |
| Shylock (Shylock) | Friday, April 27, 2001 - 02:17 pm
Letter 2 was actually something I constructed on the fly here in the Bayhouse forum. Unfortunately because it was a "rush job" I didn't properly proofread my own letter. Accordingly I request that everyone who uses the letter modify it from:
Only copies a signed promissory note will suffice.
To:
Only a copy of a signed promissory note will suffice.
Thanks. |
| Cindy (Cindy) | Friday, April 27, 2001 - 02:51 pm
Here's a copy of one I just sent out today. I went in with guns drawn, as this particular company doesn't play nice & laughs in the face of professional behavior. Otherwise, I would've asked for the original contract/acct history, etc.
April 26, 2001
Gulf State Credit, L.L.C.
PO Box 105895
Atlanta, GA 30348-5895
Reference: 4128002640379983
Dear sirs:
I have recently begun to receive notices from you stating that I owe $953.00 plus interest. This letter serves to formally inform you that I have no such debt. Gulf State Credit, L.L.C. is reporting inaccurate information to the credit bureaus in clear violation of the Fair Credit Reporting Act (FCRA). You have 30 days from the receipt of this letter to inform Equifax and Experian credit reporting agencies of said error and enforce the removal of derogatory information. If these items are not removed within the 30 day time limit, I am prepared to sue in small claims court and enforce garnishment under the provisions of the FCRA. |
| Cindy (Cindy) | Friday, April 27, 2001 - 02:58 pm
Also, when I was a young teen I was being harassed & my mom drafted a threatening letter with an cc:esquire at the bottom. It worked! I had forgotten that little lesson. Thx for the reminder! |
| Dan Tembe (Dtembe) | Friday, April 27, 2001 - 03:08 pm
Shylock,
I am sorry for not giving you proper credit for letter number 2. I did not look back at my notes when I posted earlier.
It was your post that I lifted the paragraph from.
Also, Thanks for the update, I will correct it. |
