DOH!! booted while writing post!

Discussion in 'Credit Talk' started by snakeman, Sep 7, 2003.

  1. snakeman

    snakeman Well-Known Member

    Can someone just point me in the right direction regarding the right letter to send to a CA for validation? The ones in the Archive seem to be worded towards the CRA's.

    And if possible, I need the phone numbers to the CRA's.....the ones that actually have people to talk to. That is for my attempt to delete my old addresses.

    I hate asking because I have seen both. I have been looking all night now and still can't find where I seen them posted.

    Sorry to be a pain in the posterior.

    "Does the "UYGF" violate the FDCPA or the FTC or the FCRA laws?" I smell class action here baby!

  2. lbrown59

    lbrown59 Well-Known Member

    Here is the Validation Letter you want to send by CRRR.
    Don't make any changes on it and don't hand sign it.

    Your Name
    City State Zip

    City State Zip


    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.


    Your Name don't sign

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


    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


    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.


    Send this letter next if you don't get validation in 30 days.

    Estoppel Letter
    Send CRRR

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

    «City», «State» «Zip»


    RE: Dispute Letter of <insert date>

    Dear Sir/Madame:

    As I have not heard back from you in over 30 days regarding my notice of dispute dated <insert date>, and 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 this 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 that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information:

    Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter.

    What is your authorization of law for your collection of information?

    What is your authorization of law for your collection of this alleged debt?

    Please evidence your authorization to do business or operate in the state of ____________________ .

    Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.

    You have fifteen (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 of your claims in this matter, and will entitle me to presume that you sent your letter(s) in error, and that this matter is permanently closed.

    Your continued silence is unacceptable. Either provide the proof or correct the record to remove the invalid debt from my credit files with the three primary credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act.

    Failure to respond within 15 days of receipt of this registered letter will result in a small claims action against your company. I will be seeking $____________ in damages for the following:


    Negligent Enablement of Identity Fraud

    Violation of the Fair Credit Reporting Act

    After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriffâ??s office in your county and I will begin the process of attaching property or funds to satisfy the judgment.

    For the purposes of 15 USC 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 of status.

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

    Your Name DON'T SIGN
  3. jlynn

    jlynn Well-Known Member

    Oh my! too funny Snakeman. UGYF means "Unless Your're George Factor"

    When you get your first round of disputes out and have some time, you will need to follow some of the postings of George, a wonderful person that has been on this board a long time.

    Some examples of UYGF:

    Amex lowers their "go to" rate to 4.9. 5 or 6 Cnet members call in and get it. So then George calls - "sorry that rate is unavailable"

    Some card starts allowing you to combine cards and credit limits, and then gives another cl increase. George calls for it "Sorry no cl, the combination of cards is a cl"

    Hard inquiries on a report - on average they cost from 1-5 points. It costs George 7 points.

    and the list goes on...
  4. snakeman

    snakeman Well-Known Member

    In response to the whole "UYGF" thing

    I think they refer to this as the "Gilligan" factor as well.

    .........poor Gilligan. I would've killed that little twirp.

    Thanks for the letters Brown, letter only gives 15 days? I thought the 3rd letter was for 15 days and the second still gives another 30 days.

  5. lbrown59

    lbrown59 Well-Known Member

    Re: Re: DOH!! booted while writing post!

    You can send a third letter if you wish but I prefer only 2.
    There are pros and cons to both,but to me the adavantages of doing 2 instead 3 are greater.

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