Draft Validation Letter for Review

Okay, here's the letter
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<date>

Via Certified Mail
CA
Somewhere
Some State

RE: Account #: XXX
Certified Mail: #####

To Whom It May Concern:

In recently reviewing my credit profile, I discovered the above referenced account. 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.

Please complete the Creditor Disclosure Statement and provide the following information return same to me within specified time period, infra.
1. Please evidence your authorization under 15 USC 1692(e) and 15 USC 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 of 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.

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 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 these United States of America, that the foregoing is true and correct, to the best of my knowledge and belief.

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.

Best Regards,

Me


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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.

________________________________
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.

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Questions:
I have seen people advise against signing letters to CA? In leu of the signature, what should I do? Leave it blank?
Which Act requires CAs to respond within 30 days? I'd like to specifically indicate as much in the letter.
Any other advise is greatly appreciated.

Thank you to those who drafted the sample letters from which I created the above.
Thank you for your help; this is my first validation letter.

 

Would you recommend that I get my old addresses removed before disputing?
I'm applying for an apartment pretty soon and I'd hate for an open collections to get me rejected. So, I'm kinda eager to get the validation thing going.
Thanks!

 

Re: Re: Draft Validation Letter for Review

lbrown59,

I noticed that you took your validation letter was similiar to mine (see original post) minus the following paragraphs.
"Please complete the Creditor Disclosure Statement and provide the following information return same to me within specified time period, infra.
1. Please evidence your authorization under 15 USC 1692(e) and 15 USC 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 of 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.

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 further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status. "

I was curious was you don't include any of the above. I thought it was good language. Do you include this in later correspondence? I\I'd like to get this out today; so, if you could advise, that would be great.

Thanks.

 

Re: Re: Draft Validation Letter for Review

Thanks a lot for your help!
I'm going to send out the val letter today and I'll keep posting with the developments.
Thanks again!