please check out this letter for me and tell me what you think - any feedback is appreciated- RE: Validation Request, FCRA & FDCPA violations, Settlement Account # xxxxxx and Account # xxxxxx Date: _______ 2004 Sent: Certified Mail, Return Receipt Dear _________(debt collector company_____, On ________ 2004 I sent to your company a request for debt validation of the above listed accounts, certified mail with a return receipt signed by Mr. ______ on _______ 2004 (return receipt copy enclosed). You failed to provide proper evidence that these alleged debts are mine. Your offices are now receiving a this letter citing various FDCPA & FCRA violations that your company is now responsible for. Please be advised that your continued communication with Equifax, Experian, Transunion and any other third party Credit Agencies while this alleged debt was in dispute, along with your failure provide proper validation now holds your company liable for various violations granted me under the Fair Credit Reporting Act and the Fair Debt Collection Practice Act. And, failing to notate these accounts as â??in disputeâ?? to the credit bureaus is a violation of the FDCPA. (see attachments) Lastly, these accounts have been illegally reaged as evidenced by the enclosed copies of my credit reports. I am now demanding the immediate and complete removal of this tradeline from my credit reports (Equifax, Experian, and TransUnion). Please be advised that, if this matter is not resolved within 10 days, I will proceed as necessary steps to protect my legal rights. I am hereby offering to settle your FCRA and FDCPA violations prior to legal action with the following terms: 1) You delete these accounts from my Experian, Equifax, Transunion and any other 3rd party credit reports. 2) You agree to close this account and not to sell it to any other collectors. 3) You forward a notice to me at the above listed address stating these accounts have been removed and will not reappear on my credit reports again by you or another collection agency. 4) You arrange for payment of one bag of Peanut M&Mâ??s for my damages. This is not an admission of liability that the debt is valid. Please respond via the United States Postal Service within 10 days of receiving this notice. Sincerely,
kiddin right?> "RE: Validation Request, FCRA & FDCPA violations, Settlement " -Sounds neat. No legal backing. "On ________ 2004 I sent to your company a request for debt validation of the above listed accounts, certified mail with a return receipt signed by Mr. ______ on _______ 2004 (return receipt copy enclosed). You failed to provide proper evidence that these alleged debts are mine" -Was this letter send witjhin the FIRST 30 days after the INITIAL communication with the debt collector?IF NOT, THEY DO NOT HAVE TO CEASE COLLECTION EFFORTS "Your offices are now receiving a this letter citing various FDCPA & FCRA violations that your company is now responsible for." -What are the violations? "Please be advised that your continued communication with Equifax, Experian, Transunion and any other third party Credit Agencies while this alleged debt was in dispute, along with your failure provide proper validation now holds your company liable for various violations granted me under the Fair Credit Reporting Act and the Fair Debt Collection Practice Act." -Communication with credit reporting agencies during a dispute IS NOT a violation. Did you mean continuing to report the debt, and NOT including a "disputed" status? -What is proper "validation?" "these accounts have been illegally reaged as evidenced by the enclosed copies of my credit reports." -Is there "legal" re-aging? You need to be specific as to WHEN the "original date of delinquency" was as opposed to what they are reporting it as. "I am now demanding the immediate and complete removal of this tradeline from my credit reports (Equifax, Experian, and TransUnion)" -A consumer DOES NOT have a right to "demand" deletion "Please be advised that, if this matter is not resolved within 10 days, I will proceed as necessary steps to protect my legal rights. " -Where did you get 10 days from? And what if they DO NOT respond at all?What is your authority to "sue?" "I am hereby offering to settle your FCRA and FDCPA violations prior to legal action with the following terms: " -Violation are determined by a "trier of fact" "2) You agree to close this account and not to sell it to any other collectors." -As a consumer, you CANNOT somehow "waive" the collectors right to transfer, sell, SUE, or otherwise dispose of a debt. "3) You forward a notice to me at the above listed address stating these accounts have been removed and will not reappear on my credit reports again by you or another collection agency." -One debt collector CANNOT waive the rights of another, particularly when they are not a party to the action or contract. "4) You arrange for payment of one bag of Peanut M&Mâ??s for my damages." -TAKES ANY AND ALL "TEETH" out of this letter. Shows the consumers lack of knowledge. "This is not an admission of liability that the debt is valid. Please respond via the United States Postal Service within 10 days of receiving this notice. " -Why not FedEx or UPS?
so, this letter is terrible? I'm begging for guidance, because If I cannot write a letter and send it, what alternatives do I have?
If I cannot write a letter and send it, what alternatives do I have?><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>What do he have?? ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> From a preacher in California
If I cannot write a letter and send it, what alternatives do I have?><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>What do he have?? ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> From a preacher in California
Actually, to the original poster, WHAT IS THE PURPOSE OF THIS LETTER AGAIN ? -THIS IS A GREAT EXAMPLE OF WHY NOT TO USE THESE Here is another example : http://consumers.creditnet.com/stra...ad.php?s=&goto=newpost&threadid=57485&pgnum=1 -ALSO, can anyone point me in the direction of the case purportedly cited in this letter regarding "estoppel by silence?"
Was this letter send within the FIRST 30 days after the INITIAL communication with the debt collector?IF NOT, THEY DO NOT HAVE TO CEASE COLLECTION EFFORTS hiding90 ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> Well then what do they have to do?????????
"Well then what do they have to do?????????" -NOTHING thats the reason why VALIDATION IS NOT A "cure all" and is often misunderstood.
