My mom received the following letter: The Law Offices of Charles E. Soffar, P.L.L.C. 10333 Richmond ave., Siute 600, Houston, TX 77042 Tel:xxxxxxxx or toll free xxxxxxxxx fax xxxxxxxxx July 22, 2004 Mom's Name Address City, State, Zip IIIIIIIII III II (bar code) Re: Creditor: CACV of Colorado, LLC Original Creditor: xxxxxxxxx Original Acct # xxxxxxxxxxx Total Claimed Due: $12K + OUCH!!!! Our Acct # xxxxxxxxxxx ?? ummmhh come again?? Dear Mom, This office has been retained to collect the debt owed by you to CACV of Colorado, LLC. If you do not dispute this debt, please remit the balance in full immediately. This law office follows all applicable disclosure laws. We respectfully request that you provide us with the name of your attorney if you have legal representation at this time. Please remit any payments to the "Law Offices of Charles E. Soffar, P.L.L.C." You must contact us at xxxxxxxxxx to bring this to a successful conclusion. Sincerely, Charles E. Soffar, Esq 159-DMI UNLESS YOU , THE CONSUMER, WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS NOTICE, DISPUTE THE VALIDITY OF THE DEBT, OR ANY PORTION THEREOF, THIS OFFICE WILL ASSUME THIS DEBT TO BE VALID. IF YOU, THE CONSUMER, NOTIFY US IN WRITING WITHIN THE THIRTY (30) DAY PERIOD THAT THE DEBT, OR ANY PORTION THEREOF, IS DISPUTED, WE WILL OBTAIN VERIFICATION OF THE DEBT OR A COPY OF A JUDGMENT AGAINST YOU, THE CONSUMER, AND A COPY OF SUCH VERIFICATTION OR JUDGMENT WILL BE MAILED TO YOU BY OUR OFFICE. UPON YOUR WRITTEN REQUEST, WITHIN THE THIRTY (30) DAY PERIOD, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a Credit Reporting Agency if you fail to fulfill the terms of your credit obligations. THIS IS AN ATTAMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ******************** I was very worried at first for my mother (she's an angel), but then after reading the complete validation post (courtesy of butch) in this board I felt a little bit more at ease with myself, and realized that we as people, have rights that protect us. Now I will fill you in with some background information and you guys will hopefully help me develop a strategy to combat this collection agency on behave of my mom. My mom her whole life has never, ever, ever, ever used a credit card. Then all of a sudden on February '04 she starts to get calls from a bank that she is past due and has a high balance. My mother was clueless about this acct. To make the story short, the family found out my father was the person responsible and that he had secretly begun using the acct for spending as early as October '98 with my mom as joint acct holder (close to 6 years of activity). Now the acct was sold to Charles Soffar a collection agency (google search proved this as this extortionist works for Collect America, CACV... the skunks of the earth) whose office has not stopped harassing my mother. He has threatened her with wage garnishment, calling at all times of day and night, lawsuits, litigation filing and seizure of property threats. I'm sick of it!!!! That's when I found this board and got educated... now I need a strategy. To start, I decided to purchase a 3-in-1 credit report to see what kind of credit history my mom had. I discovered 3 tradelines. 1 - Repo of a car, acct closed (my little brother lost his job, couldn't pay, end of story) 2 - Installment, acct closed, in good standing. 3- Revolving, $11K+ bad as February '04, openned since October '98. without my mom's knowledge. Inquiries - (none other than) July 26 '04 Law Firm (I imagine this was Charlie) July 20 '04 Collect America Since now I know where my mom stands, and know that the 30 days from the letter above is meaningless, I have decided to wait and answer via letter after August 22nd. Certified & RRR... and keep a log of communications. I then plan to send the following letter of validation... Mom's Name Address City, State, Zip Soffar, Charles E. from CACV of Colorado, LLC or Collect America, CACV 10333 Richmond Ave Suite 600 Houston, TX 77042 August 23, 2004 RE: Account #xxxxxxxxxxx/Bank from credit report Dear Mr. Soffar: Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act (should I make this FCRA - Fair Credit Reporting Act... to enforce the 30 days?). Please complete and return the attached disclosure request form. 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 unsubstantiated demands for payment through 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. (Should I leave this last sentence out?) Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act ((FCRA?) will be construed as your absolute waiver of any and all claims against me, "and your tacit agreement to compensate me for costs and attorney fees." (My mom doesn't not wish to pursue any $$ or sue, she plainly wants this erase from her history, so should I leave out the content between quotes?) Sincerely, Mom ** now attachment ** CREDITOR DISCLOSURE STATEMENT 1. Name and Address of Collector (assignee): ______________________________________________ 2. Name and Address of Debtor: ________________________________________________________ 3. Account Number(s): ________________________________________________________________ 4. What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms. 5. Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO 6. Has the purported balanced of this account been used in any tax deduction claim? YES/NO 7. Please list the particular products or services sold by the collector to the debtor and the dollar amount of each: Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein "and pay debtor for all costs and attorney fees involved in defending this collection action." (should I leave out the content between quotes?) ________________________________ Authorized signature for Collector _______/_______/2004 Date Please return this completed form and attach all assignment or other transfer agreements that 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 (again should I change to FCRA?). 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." (again should I leave out content between quotes?) ********************* Sorry for the long post! I think my mom has a strong case since she never entered into contract with original creditor or CA, did not sign any contract, did not purchase any items, did not signed any receipts, her signature is not in any binding document. Thanks for your patience, please I need advice and help. I kindly await your expert responses. - nrage21 -
Send a validation letter, CRRR, and send it NOW, don't wait beyond the 30-days. The one you have posted will work, don't change it to FCRA, once you receive the green card back so you know they received it, THEN dispute with the CRA's -- that forces a 30-day timeframe for resolution of the dispute (which includes the CA). Include at the end of that letter to communicate only in writing at the address indicated as all over forms of communication are inconvenient and will be considered to be additional violations of the FDCPA. Sassy
So the letter should be send as... I left out sentences where I will file litigation against them for attorny fees, etc.. should I put these statements back? Please indicate by revising complete letter, to ensure that I don't miss anything. TIA! Mom's Name Address City, State, Zip Soffar, Charles E. from CACV of Colorado, LLC or Collect America, CACV 10333 Richmond Ave Suite 600 Houston, TX 77042 August 20, 2004 RE: Account #xxxxxxxxxxx/Bank from credit report Dear Mr. Soffar: Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form. 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 unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. Further, I am requesting that you or your agents communicate with me only in writing at the address printed above as all other forms of communication are inconvenient and will be considered to be additional violations of the FDCPA. Your receipt of this letter will be considered consent to my taping of any further telephone communications from you or your agents Failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me. Sincerely, Mom ** now attachment ** CREDITOR DISCLOSURE STATEMENT 1. Name and Address of Collector (assignee): ______________________________________________ 2. Name and Address of Debtor: ________________________________________________________ 3. Account Number(s): ________________________________________________________________ 4. What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms. 5. Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO 6. Has the purported balanced of this account been used in any tax deduction claim? YES/NO 7. Please list the particular products or services sold by the collector to the debtor and the dollar amount of each: Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein. ________________________________ Authorized signature for Collector _______/_______/2004 Date Please return this completed form and attach all assignment or other transfer agreements that 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. - nrage21 -
