Last week I decided to tackle my credit and sent out a stack of DV latters. I just received one back from H&R Accounts but am not sure if it constitutea DV or not. They just gave bare minimum info. The letter is as follows: Dear. John Doe Our office acknowledges receipt of your letter of dispute and request for verification pursuant to 15 U.S.C 1681s-2 of the Fair Credit Reporting Act and 15 U.S.C 1692g of the Fair Debt Collection Practices Act. Listed below is a summary of details for H&R account #00000000. Should you have any questions regarding this account or if you wish to discuss payment arrangements, please feel free to contact John Doe at 1-877-000-0000. We look forward to helping you resolve this matter. Sincerely, H&R Accounts, Inc. Creditor- Interstate Power Alliant Energy, Account name-my name, Account address-old address from 6 yrs ago, Original Bal-$215.64, Current Bal-$276.22 ________________________________________________________ This is all that I received and its all on the same company printout from H&R Accounts. Only personal info of mine is my name. Is this grounds to have it removed or is this acceptable. In my opinion just a name and old address are not but I'm no credit genius. What woukd or should be my next steps? Also receiced a card to pick up a certified letter from the post office. Assuming that is another reply but unsure of why they woukd send it ceetified as these are all about to fall off report in a year and half or sooner and should be out of SOL. All replies appreciated.
It would as far as the CA is concerned, under an improper application of Chaudhry. I would write back immediately, stating that the validation that they submitted does not in fact validate the account, and if they do not provide immediate validation obtained and mailed by them from the ORIGINAL CREDITOR pursuant to the FDCPA Staff Opinion: LeFevre-Wollman opinion letter.
I appreciate your reply and think that I will try. Would rather PFD annd get it over with though. Is there any way I could send them a letter with those references while also throwing in a PFD to settle it asap? Would offer a small fraction of what they claim is owed. Would not want to acknowledge in any way that this may or could have been my debt though and lose my ground for negotiating it off of my reports. Is this a good idea or do you recommend your route? What are chances that they will just remove it?
Also the amount they indicate is not the amount that is currently showing on my credit reports. They indicated in DV that originak amount was $215 and that current balance is $276. Credit reports (all 3 bureaus) are reported as balance of 223
This is likely due to an old "last reported" date on your reports (the date the last time the CA updated the account). I second jam's advice. It's a violation of 15 USC 1692g and FTC opinion letter above reinforces it.
While it may meet the requirements I would want more information! I too would write back immediately, stating that the validation that they submitted does NOT in fact validate the account, and if they do not provide immediate validation obtained and mailed by them from the ORIGINAL CREDITOR pursuant to the FDCPA. In future i would use something like this. Anytime you send a letter like this you need all the information as possible. Remember do this like you may need evidence for court save everything. Unless you record all your phone calls ALWAYS tell them to contact you via the mail. RECORD KEEPING IS YOUR FRIEND COLLECTION AGENCY VALIDATION/DISPUTE/CEASE AND DESIST Use this IN ITS ENTIRETY. DO NOT call them . Use this letter and the included form to make the agency verify that the debt is actually yours and owed by you. Keep a copy for your files and send the letter certified mail WITHOUT a return receipt. Your Name 123 Your Street Address Your City, ST 01234 ABC Collections 123 NotOnYourLife Ave Chicago, IL Date: _________ CM#____________ Re: Acct # XXXX-XXXX-XXXX-XXXX To Whom It May Concern: This letter is being sent to you in response to your attached letter. (If you have nothing in writing use the phrase "recent communication) This is not a refusal to pay, but a notice that your claim is disputed. Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt. Your legal staff will agree that compliance with this request is required under the laws of (State name) and Federal Statutes. In addition to the questionnaire below, please attach copies of: Agreement with your client that grants you the authority to collect on this alleged debt,or proof of acquisition by purchase or assignment. Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor. Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities. Your receipt of this letter will be considered as having granted consent to the taping of any and all telephone calls to me at my home or business by you or your agents or assigns I require compliance with the terms and conditions of this letter within 30 days. or a complete withdrawal, in writing, of any claim. In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities ,the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on fraudulent extortion . I also hereby reserve my right to take private civil action against you to recover damages. Sincerely, Your Name(PRINT OR TYPE DO NOT SIGN) ------------------------------------------- Debt Validation Form Questionnaire to be returned : Account #: ____________________ Original Creditor's Name: _________________________________ Name of Debtor: ______________________________________ Address of Debtor: ___________________________________ Balance of Account: __________________________________ Date you acquired this debt: _________________________ This Debt was: assigned ___purchased___ Please indicated any credit bureaus to which you have reported on this account: Experian ______ Equifax ______ TransUnion _____ Ohh and in reference to mindcrimes comment putting money in your pocket dosn't hurt either!
While it may meet the requirements I would want more information! I too would write back immediately, stating that the validation that they submitted does NOT in fact validate the account, and if they do not provide immediate validation obtained and mailed by them from the ORIGINAL CREDITOR pursuant to the FDCPA. In future i would use something like this. Anytime you send a letter like this you need all the information as possible. Remember do this like you may need evidence for court save everything. Unless you record all your phone calls ALWAYS tell them to contact you via the mail. RECORD KEEPING IS YOUR FRIEND COLLECTION AGENCY VALIDATION/DISPUTE/CEASE AND DESIST Use this IN ITS ENTIRETY. DO NOT call them . Use this letter and the included form to make the agency verify that the debt is actually yours and owed by you. Keep a copy for your files and send the letter certified mail WITHOUT a return receipt. Your Name 123 Your Street Address Your City, ST 01234 ABC Collections 123 NotOnYourLife Ave Chicago, IL Date: _________ CM#____________ Re: Acct # XXXX-XXXX-XXXX-XXXX To Whom It May Concern: This letter is being sent to you in response to your attached letter. (If you have nothing in writing use the phrase "recent communication) This is not a refusal to pay, but a notice that your claim is disputed. Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt. Your legal staff will agree that compliance with this request is required under the laws of (State name) and Federal Statutes. In addition to the questionnaire below, please attach copies of: Agreement with your client that grants you the authority to collect on this alleged debt,or proof of acquisition by purchase or assignment. Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor. Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities. Your receipt of this letter will be considered as having granted consent to the taping of any and all telephone calls to me at my home or business by you or your agents or assigns I require compliance with the terms and conditions of this letter within 30 days. or a complete withdrawal, in writing, of any claim. In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities ,the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on fraudulent extortion . I also hereby reserve my right to take private civil action against you to recover damages. Sincerely, Your Name(PRINT OR TYPE DO NOT SIGN) ------------------------------------------- Debt Validation Form Questionnaire to be returned : Account #: ____________________ Original Creditor's Name: _________________________________ Name of Debtor: ______________________________________ Address of Debtor: ___________________________________ Balance of Account: __________________________________ Date you acquired this debt: _________________________ This Debt was: assigned ___purchased___ Please indicated any credit bureaus to which you have reported on this account: Experian ______ Equifax ______ TransUnion _____ Ohh and in reference to mindcrimes comment putting money in your pocket dosn't hurt either!
So in regards to mechanicw post above ↑ , how should I go about writing this letter stating that this in fact does not validate and that my rights have been violated per Jams post above↑? What should be included? Are there any sample letters I could go off of or should I just throw something together myself?
This is why I recommend that you use the above letter in its whole! I tell you this letter DOES work they are just being coy as The problem they(CA) runs into is they may not have all the listed information and are required to delete! This letter works try it get back to me! Sounds like they dont have the required information to me only the bare minimum! You can state something that the letter received on xxxxxxx does not meet the requirements of Validation and you are bla bla bla of the letter! I personally would use the letter the way it is jsut fill in your dates and account if correct places as stated
Remember google is your friend but Ill help you out! What is a proper validation? hmmmmmm...........let me think...........ohh wait ill just go to the federal website and get the law verbatim! § 809. Validation of debts [15 USC 1692g] (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. (c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
hmmmmmmmm.............does that information sound familiar to what you read in the validation letter perhaps? Since I am sure that you saved all of your certified mail slips and the return receipts and you can now prove when their 30 days are up right?
hmmmmmmmm.............does that information sound familiar to what you read in the validation letter perhaps? Since I am sure that you saved all of your certified mail slips and the return receipts and you can now prove when their 30 days are up right?
I feel like I am carrying on a conversation all by myself!....................... anyway you also asked about the comment earlier on about the refrence to the $1,000 here is the legal refrence from federal website they are refering i went ahead and commented for them since they have went AWOL. § 813. Civil liability [15 USC 1692k] (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of -- (1) any actual damage sustained by such person as a result of such failure; (2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or (B) in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and (3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs. (b) In determining the amount of liability in any action under subsection (a), the court shall consider, among other relevant factors -- (1) in any individual action under subsection (a)(2)(A), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or (2) in any class action under subsection (a)(2)(B), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector's noncompliance was intentional. (c) A debt collector may not be held liable in any action brought under this title if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. (d) An action to enforce any liability created by this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs. (e) No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Commission, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
Now you should have plenty of Ammo for that mighty slingshot(POST Office) to deliver to CA & CRA if u need the letter to send to CRA telling them to delete I can dig that up if need be.
I would send a Notice of Intent to Sue, I personally recommend though that you don't write a letter that you don't understand 100%. Please note that on xx/xx/xxxx, I sent to your company a demand for validation. What I received from your company was anything but validation. Pursuant to the Federal Trade Commission's Wollman Opinion, the response to a validation of debt request, must come from the alleged original creditor, and not a mere regurgitation of what is on your company's computer system. Furthermore, your alleged validation provides documentation that your company is reporting false credit information, in violation of the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act. While I would hate to be forced to file against you in Federal Court to enforce my legal rights, I am prepared to do so if your company doesn't immediately remit $1,000 for violation of the FDCPA, and $1,000 for violation of the FCRA. Should you want to have your attorney contact me to negotiate a better offer to resolve this matter, they may contact me at xxx-xxx-xxxx.
mechanic: The law doesn't say what VALIDATION IS, only that we have a right to ask for validation. If you take a minute to search for this thread http://consumers.creditnet.com/Discussions/credit-talk/t-what-validation-42188.html you would see that. Decades of case law don't say what VALIDATION IS, only what isn't. The one case that CA's rely on to propagate their drivellish non-responses to validation, is contradicted by a multitude of other suits which say just the opposite.
+1 for intent to sue. I would throw something in near the bottom about a complete removal from credit reports as well as the $1,000. The laws are specific if a consumer needs to school them on the laws they are in the wrong business. Sent from my iPhone using Tapatalk -
