Debt Validation - experts plea

Discussion in 'Credit Talk' started by Marie, Feb 7, 2001.

  1. Marie

    Marie Well-Known Member

    I've been asked a couple of times how I've made collectors disappear. I'm not an expert and maybe I got lucky... but what I do is question the debt with a collection agency and ask for proof. Give them 30 days, they never respond, send another letter enclosing first letter and proof of service, and they normally back off or delete the trade line.

    I bought this letter,I think, but can't remember where (may be kielsky) so I'd like to give credit... Please, experts chime in and give opinions if it's correct/ can be improved.
    The first letter:

    This notice is my response to your unsigned letter dated XXX (Copy enclosed).

    As I have no account with you, nor am I your customer, nor have I ever entered a contract with you, nor have I ever even heard of you. I must ask you to provide the following information:
    1. Please evidence your authorization under 15USC 1692(e) and 15USC 1692(f) in this alleged matter.
    2. What is your authorization of law for your collection of information?
    3. What is your authorization of law for your collection of this alleged debt?
    4. Please evidence your authorization to do business or operate in this state.
    5. Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.

    You have 30 days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all claims in this matter, and will entitle me to presume that you sent your letter in error, and that this matter is permanently closed.

    For the purposes of 15US 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver or status.

    I affirm, under penalty of perjury under the Laws of the Land for these United States of America, that the foregoing is true and correct, to the best of my knowledge and belief.

    Witness My Hand and Sear this XX day of xx, 2001.

    your name
  2. Alwilda Sm

    Alwilda Sm Guest

    RE: Debt Validation - experts

    It works. I just sent a "request for validation" a couple months ago - - and POOF!! they just disappeared!

    Alwilda Smith
  3. Ender

    Ender Well-Known Member

    RE: Debt Validation - experts

    So when you say you sent a request for validation, was this sent to the collection agency or the original creditor? Once that is done, how do you notify the credit agencies (equifax, etc.) that there was a mistake? Thanks in advance..
  4. Marie

    Marie Well-Known Member

    RE: Debt Validation - experts

    Hi Ender! Didn't see your post or I would've responded sooner. The validation will work with either. Just saw your other posts... You do have power to negotiate out your situation. I was in almost an exact situation but I chose BK and I wish I hadn't. It sounds like you may have agreed to the collection agency assignment. If so, then you could still try to validate but they may say you've now agreed to their assignment. Read Kielsky's info. basically you can also say you'll pay a percent of what you owe, but only if they sign something in writing that they'll remove the listing entirely. If they say they'll mark it as "paid in full" then it's no dice. Paid collections get them off your back, but your credit scores aren't helped one bit if they're paid or not (I know that sounds weird, but it's true)..

    You want all the negative info removed entirely. With the other companies, I'd also try a lump sum settlement (like w/AMex) although they may be hard to deal with.

    Oh, you can notify the credit agency that it's a mistake by:
    1: dispute directly with Equifax etc
    2: get the creditor directly to agree to remove it when you pay, then have them remove it. It's their info, they can do anything they want to.
    3.or the 7 years runs out and it comes off anyway.
  5. Ender

    Ender Well-Known Member

    RE: Debt Validation - experts

    I don't believe I agreed to paying any amount or recognizing I owe them any money.. it felt like I was talking to some ignorant person on the phone. I will call them back and request an address and attempt to find out her manager's information as well.

    I will also send that first letter and await a response.. is this the right approach?

    Also, regarding the sentence when you said:
    "The validation will work with either." Do you mean sending the letter to both the CRA and collection agency? I am assuming I only send the letter to the collection agency, then send the second and hope they don't respond.. then based on their no response, I then contact the CRA and inform them of their no response? Is this correct? Or will their no responses also be followed up with them removing it from the CRA themselves?

    Also, isn't there a chance this collection agency will do a background check on me and find out I make decent income and try and take it to court and further the collection efforts? I just recently faced that with another collection agency that was much more aggressive and also local..

    Thanks again Marie for all your help..

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