collection question

It's all in your mind.Or is it ?

 

Mindcrime,

Do not use that letter. This is the letter you want to use.


This is a request for debt validation from a creditor or credit bureau. Send as certified mail, return receipt requested.

«Your Name»
«Address1»
«Address2»
«City», «State» «Zip»

«Company»
«Address1»
«Address2»
«City», «State» «Zip»

«Date»

RE: Account #_________/Original Creditorâ??s Name

Dear Sir/Madame:

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. You may wish to consult with a competent legal advisor before your next communication with me.

Your 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, and your tacit agreement to compensate me for costs and attorney fees.

Sincerely,

«Signature»
«Your Name»


- - - Include the following on a separate sheet of paper - - -


CREDITOR DISCLOSURE STATEMENT



Name and Address of Collector (assignee): _________________________

Name and Address of Debtor: ____________________________________

Account Number(s): ____________________________________________

What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms.

Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO

Has the purported balanced of this account been used in any tax deduction claim? YES/NO

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.

________________________________
Authorized signature for Collector

__/__/__
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 and you may be liable for damages for continued collection efforts.

___________________

 

Oh when I was 18 and did not know what I was getting into. I asked for the 8 or 12 CDs for a penny. Got the CDs, a bill (well several bills), and collection letter. Not on my report and never was.

 

How could it be.
All they have is a name and Address that may or may not be real.and no way to prove they ever sent them.

 

Woud you please explain why you think this long letter with all the questions is better than the shorter one suggested earlier?

What requires them to answer any of those questions?

 

Because the first one doesn't cover all the basics.

Your right to complete validation of a debt granted to you under the FDCPA!

 

LBBROWN9
I am not all that knowledgeable about the law. Maybe you can help me out here since you gave an answer.

Where does it say in FDCPA that they must answer this question and what is the reply that one should expect?

Where is the requirement in FDCPA that they disclose this information?

Where in FDCPA is the requirement that they answer this question?

Where is the requirement in FDCPA that they answer this questions?

Why do you believe that a collector would agree to this condition?

I'd like to know the answers to these questions before I go off and do something I might regret later.

 

Do a search on this board for validation and another search on lizzardking.
If you do that I think you will find more information that way than I could ever hope to give you in a single reply to your post.

 

Can anyone else on here give wag more input on this also>

 

I already did that. No such answers that I can find.
If LizardKing has those answers maybe he can provide them or give me a link to where he has provided them so he don't have to do it all over again.

Thanks for your reply anyway

 

Of course this letter needs to be modified for each individuals use. The first letter you posted cited the FCRA. 3rd party collectors are subject to the FDCPA. You can change that line to "This is a notice that your claim is being disputed."

Add the 30 day time if you want to. They should be aware of the time frame, but some of these morons don't have a clue.

 

And if they did they wouldn't RECONIZE it.

 

Is it ok to use this letter with debts that are 3k or more? I'm just afraid that this will spark a judgement.

 

Sparking a judgment is my fear too and that's why I asked the questions I did. I don't know what's right or what's wrong and I sure don't want to do anything that might spark a lawsuit that might not otherwise have happened. I'm afraid they will think I am some kind of a smartalec coming up with those kinds of questions. That's why I wanted to know if there were any basis in the law for these questions or not.

If there are, then fine.

 

bump

 

mindcrime the letter that lizardking just gave you, is the one that I used remember to put your own flare in it. go for it!!!