Debt Validation2 - Experts ple

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

  1. Marie

    Marie Well-Known Member

    When a collection agency doesn't respond to the first letter within 30 days, I send this second letter.

    Obviously, address them :)

    Notice:
    This second notice is my response to your unsigned letter dated xxx, 2001 (copy enclosed).

    As I have not heard back from you in over 30 days since my notice of dispute dated xxxx, and since you have not supplied the demanded proof of the alleged debt, under the doctrine of estoppel by silence, Engelhardt v. Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists.

    In a good faith effort to resolve the matter amicably, I restate my demand for proof of the debt, specifically the alleged contract or other instrument 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.

    For the record, I state again: As I have no account with you, nor an I your customer, nor have I ever entered a contract with 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 15 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 your claims in this matter, and will entitle me to presume that you sent your letter in error, and that this matter is permanently closed. Your continued silence is unacceptable. Either provide the proof, or correct the record to show this debt is void.

    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 SIGNATURE
    your name
     
  2. Alwilda Sm

    Alwilda Sm Guest

    RE: Debt Validation2 - Experts

    This appears to be a very powerful letter, and I hve bookmarked it for future reference. Having used it, what has been your experience?

    -Alwilda Smith
     
  3. Marie

    Marie Well-Known Member

    RE: Debt Validation2 - Experts

    I used it w/a utility company here that had put a collection listing on my report for 4 years. I'd disputed w/CRAs, written the creditor, gone down to their offices (because there was NO written application or id asked for service). It was even paid but they didn't remove it from my record. I sent the first letter, no response. Second letter, no response... then a week later I got 3 (yes 3) letters from different supervisors saying all entries on all bureaus would be deleted immediately. Guess my letters got passed around a bit. And the entries really did disappear! about 70 days from start to finish. Magic! Just wasn't sure about the wording/ legal citations... but I guess it scares people enough to do the trick...
     
  4. Marie

    Marie Well-Known Member

    VAl 2

    Notice:
    This second notice is my response to your unsigned letter dated xxx, 2001 (copy enclosed).

    As I have not heard back from you in over 30 days since my notice of dispute dated xxxx, and since you have not supplied the demanded proof of the alleged debt, under the doctrine of estoppel by silence, Engelhardt v. Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists.

    In a good faith effort to resolve the matter amicably, I restate my demand for proof of the debt, specifically the alleged contract or other instrument 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.

    For the record, I state again: As I have no account with you, nor an I your customer, nor have I ever entered a contract with 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 15 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 your claims in this matter, and will entitle me to presume that you sent your letter in error, and that this matter is permanently closed. Your continued silence is unacceptable. Either provide the proof, or correct the record to show this debt is void.

    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.


    YOUR SIGNATURE
    your name
     

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