Lizard, Doc, and others please provide input, corrections, and suggestions. This is a validation letter for an alleged sales contract. I've included some state laws. Thanks Dear Sir/Madame: This letter is a formal complaint that you are reporting inaccurate credit information and are not in compliance with applicable state laws. I am distressed that you have included the information below in my credit profile and that you have failed to maintain reasonable procedures in your operations to assure maximum possible accuracy. Credit reporting laws ensure that only 100% accurate credit information is reported. Every step must be taken to assure the information reported is completely accurate and correct. The following information therefore needs to be investigated Name of Creditor/Name of Collecetion Agency Account # 12345566 The listed item is entirely inaccurate and incomplete, and as such represents a very serious error in your reporting. Please delete this information from my credit files. I respectfully request proof of the debt, specifically the alleged contract bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine by removing from all credit reporting agencies. For the record, I state I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information: 1. Please evidence proof of the alleged debt, including specifically the alleged contract bearing my signature stipulating all methods of calculations and terms of agreement in accordance with all applicable Chapters of TITLE 4. REGULATION OF INTEREST, LOANS, AND FINANCED TRANSACTIONS of the State of Texas Finance Code. 2. Details of the calculation of the alleged amount owed. The details must include a complete and thorough accounting of all transactions with competent proof of any amount used to determine the alleged amount as provided by any applicable Chapter of TITLE 4. REGULATION OF INTEREST, LOANS, AND FINANCED TRANSACTIONS of the State of Texas Finance Code. 3. Competent proof bearing my signature that I received any required notices. 4. Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter. 5. Please evidence your purchase or assignment of the alleged debt. 6. What is your authorization of law for your collection of information? 7. What is your authorization of law for your collection of this alleged debt? 8. Please complete and return to me the enclosed Creditor Disclosure Statement. Under federal law, you have thirty (30) days to comply with my request in its entirety. Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested as well, to be provided within fifteen (15) days of the completion of your investigation. I also must ask for evidence establishing your compliance with the applicable Laws, Statutes, and Codes of the State of Texas where I reside. 9. Please evidence your authorization to do business or operate in the State of Texas pursuant to Title 5, Texas Finance Code, § 392.101 by providing me a copy of a Certificate of Record issued by the Secretary of State of Texas. 10. Please evidence your compliance with the State of Texas Tax Code § 171.001. 11. Please evidence your compliance Business Charter Requirement of the State of Texas. In good faith I must inform you that I contacted the Office of the Comptroller of the State of Texas and have enclosed a Certificate of Account Status verifying that your company is â??not in good standingâ?. Furthermore I have verified that your status is due to your failure to comply with State of Texas Tax Code § 171.001 and as a result your charter allowing you to conduct business in Texas was revoked. According to the Texas Business Corporation Act (TBCA) Article 2.45 no operating authorization can be issued to any company not in compliance with State of Texas Tax Code § 171.001 and consequently has no charter. Therefore your company can not be in compliance with any state agency in Texas. This includes the Secretary of State for compliance with Title 5, Texas Finance Code, § 392.101 and the Comptrollerâ??s Office for compliance with Business Charter Requirement. Because you have no charter your company is operating illegally in Texas against a Texas resident by maintaining inaccurate information in my credit file. I am prepared to file a complaint with Office of the Attorney General of Texas for violations of state law and for violations of the Fair Credit Reporting Act (FCRA) and the Fair Debt Collections Practices Act (FDCPA). The FCRA and FDCPA require you to report accurate and verifiable information. You have failed to do so. In addition Title 5, Texas Finance Code, Chapter § 391.002 FURNISHING FALSE CREDIT INFORMATION make it illegal for any person to knowingly furnish inaccurate information to a credit report agency. You have been informed of your inaccuracies. Once again I state that this matter may be resolved by you ensuring that all information concerning this account listed with the Equifax, Trans Union, Experian, and Innovis is immediately removed from my credit file. I look forward to a speedy and smooth resolution to this matter.
Sorry the italic makes it difficult to read. Here it is again. Dear Sir/Madame: This letter is a formal complaint that you are reporting inaccurate credit information and are not in compliance with applicable state laws. I am distressed that you have included the information below in my credit profile and that you have failed to maintain reasonable procedures in your operations to assure maximum possible accuracy. Credit reporting laws ensure that only 100% accurate credit information is reported. Every step must be taken to assure the information reported is completely accurate and correct. The following information therefore needs to be investigated Name of Org Creditor/Name of CA Account # 1234567 The listed item is entirely inaccurate and incomplete, and as such represents a very serious error in your reporting. Please delete this information from my credit files. I respectfully request proof of the debt, specifically the alleged contract bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine by removing from all credit reporting agencies. For the record, I state I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information: 1. Please evidence proof of the alleged debt, including specifically the alleged contract bearing my signature stipulating all methods of calculations and terms of agreement in accordance with all applicable Chapters of TITLE 4. REGULATION OF INTEREST, LOANS, AND FINANCED TRANSACTIONS of the State of Texas Finance Code. 2. Details of the calculation of the alleged amount owed. The details must include a complete and thorough accounting of all transactions with competent proof of any amount used to determine the alleged amount as provided by any applicable Chapter of TITLE 4. REGULATION OF INTEREST, LOANS, AND FINANCED TRANSACTIONS of the State of Texas Finance Code. 3. Competent proof bearing my signature that I received any required notices. 4. Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter. 5. Please evidence your purchase or assignment of the alleged debt. 6. What is your authorization of law for your collection of information? 7. What is your authorization of law for your collection of this alleged debt? 8. Please complete and return to me the enclosed Creditor Disclosure Statement. Under federal law, you have thirty (30) days to comply with my request in its entirety. Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested as well, to be provided within fifteen (15) days of the completion of your investigation. I also must ask for evidence establishing your compliance with the applicable Laws, Statutes, and Codes of the State of Texas where I reside. 9. Please evidence your authorization to do business or operate in the State of Texas pursuant to Title 5, Texas Finance Code, § 392.101 by providing me a copy of a Certificate of Record issued by the Secretary of State of Texas. 10. Please evidence your compliance with the State of Texas Tax Code § 171.001. 11. Please evidence your compliance Business Charter Requirement of the State of Texas. In good faith I must inform you that I contacted the Office of the Comptroller of the State of Texas and have enclosed a Certificate of Account Status verifying that your company is â??not in good standingâ?. Furthermore I have verified that your status is due to your failure to comply with State of Texas Tax Code § 171.001 and as a result your charter allowing you to conduct business in Texas was revoked. According to the Texas Business Corporation Act (TBCA) Article 2.45 no operating authorization can be issued to any company not in compliance with State of Texas Tax Code § 171.001. Consequently you have no charter and not in compliance with any state agency in Texas. This includes the Secretary of State for compliance with Title 5, Texas Finance Code, § 392.101 and the Comptrollerâ??s Office for compliance with Business Charter Requirement. Because you have no charter your company is operating illegally in Texas against a Texas resident by maintaining inaccurate information in my credit file. I am prepared to file a complaint with Office of the Attorney General of Texas for violations of state law and for violations of the Fair Credit Reporting Act (FCRA) and the Fair Debt Collections Practices Act (FDCPA). The FCRA and FDCPA require you to report accurate and verifiable information. You have failed to do so. In addition Title 5, Texas Finance Code, Chapter § 391.002 FURNISHING FALSE CREDIT INFORMATION make it illegal for any person to knowingly furnish inaccurate information to a credit report agency. You have been informed of your inaccuracies. Once again I state that this matter may be resolved by you ensuring that all information concerning this account listed with the Equifax, Trans Union, Experian, and Innovis is immediately removed from my credit file. I look forward to a speedy and smooth resolution to this matter.
So, what happens after you are provided with a contract with 'your' signature and you say it is NOT your signature? Who has the final say? Do they call in a handwriting analyst to rule you out as the signer? I have received such a signature from a CA on a debt that is dated 1996 (date of last activity on my CR is 03/1997 - Amount: $13,000). To me it is obviously not mine, but the CA contends it is mine.
If it's not your signature and the collector refuses to remove the debt, sue them! The judge wouldn't have to be a genius to compare your signature with a forged one.
Re: Lizard, Doc, and others please If you are positive that you did not sign it, I'd file a police report for forgery. If possible, file it with the CA's local police dept. Saar
Re: Lizard, Doc, and others please Saar is correct this violates both state and Federal fraud statutes. Using the U.S.Postal Service to commit fraud can put you in the " crossbar motel". I'd file with my local police dept. and then, go to the nearest post office and ask to speak with a postal inspector. You'll give someone a multiple of $13k to worry about..
Re: Lizard, Doc, and others please OK, thanks, now answer Killer. (Sorry, Killer, I didn't mean to capture the attention away from your letter. You had demanded a copy of the contract bearing your signature and I followed up on that.)
Re: Lizard, Doc, and others please Killer, What CA are you dealing with? I'm wondering if one of my subhuman CA's falls in this boat? One can hope...... Dancer
Re: Lizard, Doc, and others please Posts get buried too quickly around here! Sorry but I must bump again.
Re: Lizard, Doc, and others please Just think what would happen if ALL 2404 members would respond/new post daily... This is still better than the old message board on CARD TRAK...I GOT OLD WAITING FOR AN ANSWER...100 questions/answers per month was a lot... The NEWS on www.cardtrak.com is very good though...
Re: Lizard, Doc, and others please Yea George this is a great board so I guess everyone comes here for answers. I'm glad not all members are here at one time! Cypri gave me some great advice and that I will use. I was also hoping Lizardking or Doc would see my post and offer their input. Creditnet is the best resource for credit restoration in the whole world!
Re: Lizard, Doc, and others please Online: 78 members...I don't think I have ever seen 200+ at any given time...
Re: Lizard, Doc, and others please Ok Killer, schlatman's rude response to Saar and keepmine not withstanding, I'm reading your letter for the third time, and I'm still not clear regarding the precipitating situation. Question 1: Who is this being sent to? You mentioned that this is a validation letter for an alleged sales contract. Well, for starters, the FDCPA only specifically mentions validation with respect to third-party collectors. Original creditors, believe it or not, don't have to "validate" anything within 30 days or ever. (Of course, a nice set of consumer protection laws related to an original creditor's obligation to prove a debt would be nice, but those laws don't exist -- gasp.) Instead, if you have a dispute with an original creditor, the law would provide civil remedies. In other words, this is a civil matter between you and the original creditor. ON THE OTHER HAND, maybe this letter is indeed directed toward a collection agency after all. (I just flipped back and read your letter a fourth time, lol.) If that's the case, then they are indeed obligation to provide all of that information related to their authorization to collect the debt as well as their compliance with Texas law, etc. Question 2: What did you mean when you mentioned "sales contract"? Is this an actual product for which you (or somebody else) took delivery but never paid? In other words, I take it that you don't mean that this is a sales contract related to a purchase made with a credit card, right? A little more specificity will help in nailing down a few suggestions for how you might go about tackling this problem. Was this for something that could be repossessed? Question 3: Was this really yours? Does the big-screen TV currently grace your den, lol? I realize this question isn't one that some people would answer honestly, but others certainly would. (Example: Lizardking's discussion of his acknowledged "deadbeat" tactics (his word, not mine) when describing his claims disavowing certain alleged debts.) The reason I ask is because your answer really dictates your best response in this case. Without really knowing the full story here (or even a little bit more), it's tough to frame any advice at all. Not a question: Just a comment, lol. If you want some feedback regarding the quality of the letter, it's TRULY OUTSTANDING. You are clearly far brighter than the average Texan (cough, cough, cough, JUST KIDDING, lol)... no, seriously, you are obviously VERY articulate and intelligent and are armed with a great capacity for written expression. You did a terrific job with the letter. The problem I'm running into with respect to framing more advice is just what I mentioned before... I can't gauge the applicability of the letter to this situation because I don't have a handle on what it is exactly you're dealing with. Frankly I think that's the reason you're lacking in replies to this thread -- it's tough to know what you're up against just by reading that excellent letter. Hope this helps some. Doc P.S. I can't resist saying something to schlatman here. Just because you're the first to answer a question on this board doesn't mean that others aren't welcome to chime in with their own questions and comments as well. Moreover, others aren't obligated to pay homage to your original comment or pay any attention to it at all, for that matter. I see you're new here, so perhaps that explains your response to Saar and keepmine which was: "OK, thanks, now answer Killer" -- as if Killer is obligated to answer you as well just because you command him to do it. Please pardon my sharp tone, but I really think you should take some time to read this board in order to become more comfortable with how most of us interact before injecting those kinds of responses. Now, to answer your question: a dispute related to the validity of a signature is a civil matter between the two parties. Ultimately such standoffs may have to be decided in a courtroom; otherwise, the creditor continues collection proceedings until the alleged debtor simply doesn't want to "take it" anymore.
Re: Lizard, Doc, and others please Ok, one more general comment regarding the letter, LOL. I'm shooting blindly, though, but here goes: Perhaps you shouldn't give the creditor a roadmap for exactly how to satisfy a request for validation. The reason is that that ultimately you don't want them to validate. You want them to provide an incomplete validation so that you can continue to maintain that this shoddy company is trying to stick you with a debt that isn't yours. If you educate them to the laws, point by point, with respect to how to do what lawyers call "perfecting the validation," then you're liable to get exactly what you asked for, and then what? For that reason, you may consider deleting your detailed instructions and legal citations related to how and why they need to provide a detailed accounting of history, etc., in addition to a signed contract, et. al. Simply demand that they prove the debt. When they don't, demand that they either do it or delete the credit bureau notations (i.e., in line with the estoppel portion of the validation sequence). The reason I include a list of countless demands in the "Nutcase letter" is because that letter is sent to creditors where the account is FULLY PAID. In other words, a fully paid creditor certainly would rather not spend time and money gathering a bunch of validation data on a debt that's ALREADY PAID IN FULL, lol. Rather, they often just delete the tradelines in that case so that you'll go away. In your case, however, this creditor HAS INCENTIVE to perfect the validation you are requesting -- they've apparently not yet been paid and may well go to work for that money. For that reason, you don't want to educate the creditor as to how they can fulfill their legal obligations. Doc
Re: Lizard, Doc, and others please Doc, Thanks for your input. The letter is going to a CA and it's for a repossession. I was requesting all the proof I could think of because I know the balance (what's left after auction) is incorrect. It's terribly inflated for some reason. I have never heard from original creditor following repo. As a matter of fact, I don't know if an auction actually occured. This was a ripoff deal from the beginning. I was so ignorant at the time. I didn't sign a contract. If there is one, it was forged. I'm not arguing that I owe but I am arguing that there is no way to determine what I owe. I went several months after purchase without making a payment because I was never told verbally or in writing who the lender was. Someone finally contacted me by phone and I started making payments. None of the terms promised to me were met. A few years later, after spending enormous amount of money on repairs, I discovered what a raw deal I had. I finally gave up not realizing how much credit damage was going to occur.
Re: Lizard, Doc, and others please Doc- Not trying to start any trouble here, but I read sch....'s comment a little differently, still kind of rude, but not as bad as they way you read it . I read it as "ok thanks. now answer Killer's question", I can see how you read it as ok Killer now YOU answer my question. It's hard to figure out tone of voice over the internet.
Re: Lizard, Doc, and others please Ah, you're right, maybe he was trying to control two people instead of one, lol. Doc
