Experts, give me your feedback

Discussion in 'Credit Talk' started by David, Apr 22, 2001.

  1. David

    David Well-Known Member

    Here is the letter (with modifications) I'm sending to two different collection agencies (on the same $68 account)....any suggestions for changes/improvements would be appreciated....

    Park Dansan
    113 W 3rd Avenue
    Gastonia, NC 28053

    Re: Acct # 9910101****

    To Whom It May Concern:

    This letter is being sent to you in response a collection account placed on my Experian and Equifax credit reports. This is not a refusal to pay, but a notice that your claim is disputed.

    This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete the attached form and follow its instructions and your claim will be processed as soon as this information is received.

    Please 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 reporting such invalidated information to major credit bureaus might constitute fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me.

    Please also be aware that the failure to remove invalidated negative information on my credit reports from your company or any company that you represent, this will result in my filing an immediate lawsuit against you and/or your client for 1) Violation of the Fair Credit Reporting Act, 2) Violation of the Fair Debt Collection Practices Act, 3) Defamation of Character, 4) Negligent Enablement of Identity Fraud.

    Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports.

    I suggest you and Sprint get your records in order before I have to target you for legal action.

    It would behoove both parties not to let the matter escalate into a litigious affair over a nominal amount.

    Best regards,

    David C. Hill

    Page 2


    Name & Address of Creditor: _______________________________________________

    Name of Debtor: ____________________Acct #: ________________________

    Address of Debtor: ________________________________________________________

    Amount of Debt purported to be owed: _________ Date it became payable: ___________

    Was this debt assigned to the collection agency or purchased? ______________________

    Amount paid if purchased: __________

    Commission for the collection agency if successful with assigned debt: _________

    Please attach a copy of the agreement with your client that grants you the authority to collect on this alleged debt.

    Please attach a copy of any agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor.

    Please attach copies of all statements while this account was open.

    Have any insurance claims been made by any creditor regarding this account? yes / no

    Have any judgments been obtained by any creditor regarding this account? yes / no

    Have any negative trade lines been reported to any credit reporting agencies regarding this alleged debt? If so, please name the credit reporting agencies. _______________________________________________________________________

    Please provide the name and address of the bonding agent for the collection company (insert name of collection agency) in case legal action becomes necessary. _______________________________________________________________________

    ____________________________________ ________________
    Authorized signature for creditor date

    Please return this completed form and attach all assignment or other transfer agreements which 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. Please allow thirty days for processing after receipt of your request.
  2. Bill Bauer

    Bill Bauer Guest

    HO HUM! more of the same

    I already took up all the points down to the 4th charge you are thinking about filing on them, Enablement of identity theft or whatever in a previous post. You should look that one up and then come back to this one..I'll just pick up here where I left off there.
    Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports.

    Trite to say the least. Your investigation? Would you try to dazzle them with the idea that you might be some kind of investigator?? They are not in front of a court of law, only being asked to prove that you owe or do not owe a debt.Blustering like that, especially doing it repeatedly is much more likely to get you problems you didn't want. Better to just forget trying to bamboozle them.
    The whole letter you propose to send them looks trite, makes a lot of statements that few if any attorneys would advise you to make and in general ends up making you look like a fool.

    If you don't have case cites and legal opinions to back you up, then you should not make direct threats to them or anybody else. You always want to make sure you are on firm legal footing, not out on some slippery slope.

    In short, don't point the gun if you have no ammo for it and have no attention to pull the trigger.

    It's far better to say that some action on their part might be evidence for some alleged illegal act or violation of civil rights or that you reserve all your rights to take legal action or to refer them to proper legal authorities,
    But stating that you will sue or that they have done something wrong is never a good place to go.

    You might be well advised to print up your letter and take it to at least a 4th year law student or a practicing attorney for their opinion and criticizm rather than just grabbing something off a message board and whipping it on them. Better to be safe than sorry later.

    Bill Bauer
  3. judyputy

    judyputy Well-Known Member


    You are a regular guy, so you don't have to have tons of case law and legal opinions to back up your letter. Don't let Bill scare you. This looks similar to one of Lizards letter posted here that have worked for many people. I think it looks great. I am no expert, but it reads fine to me.
    I don't see anything as being trite.

    Lizard or someone else might have an opinion too. ANybody??

  4. Bill Bauer

    Bill Bauer Guest

    Does your attorney frighten U?

    Does going to your own attorney frighten you? Doubtful

    Would going to a law school and asking for help from a law professor and getting a knowledgeable law student to give you their opinions frighten you? Doubtful

    Does the idea of taking something you found on a message board on the interent to someone you can speak to personally about this great new idea frighten you? Sometimes, maybe.

    I'm not trying to scare you in the least. Just advising you that you might want to seek the opinions of others who have no personal reasons to try to influence your thinking.

    Be safe, have a nice day

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