HELP! I need help with validation!

Discussion in 'Credit Talk' started by KevPochop, Apr 11, 2004.

  1. KevPochop

    KevPochop Well-Known Member

    I signed for an account with ATT Wireless for a friend who failed to pay the bill. I need to write a validation letter to the collection agency. Can someone tell me if this is a good letter to use? Any help/assistance is much appreciated. I have worked so hard maintaining my credit. I donâ??t want to see it go to waste.

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    Name
    Address
    City, State, Zip Code


    Diversified Adjustment Service April 11, 2004
    Post Office Box 32145
    Fridley, MN. 55432


    RE: Account # XXXXXXXX

    Dear Sir or Madame,

    This letter is to notify you 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.

    Sincerely,

    Kevin Pochop

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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:
    8. Please provide copy of original credit application.
    9. Please provide copies of all billing statements.

    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.
     
  2. jlynn

    jlynn Well-Known Member

    The letter looks like it is straight out of the sample letter forum. It has worked for many, but I absolutely hate it. I hate the comments about mail fraud, and a few other things - but its not a "bad" letter LOL.

    Here's the one I use:

    Re: Creditor
    Account No.


    To Whom It May Concern:

    I am writing in response to your letter dated December 23, 2003. This is the first letter I have received from you on this matter.

    I am disputing this debt, and requesting validation as described below:

    1. Tell me what this money that you say I owe is for.
    2. Show me how you calculated what you say I owe.
    3. Give me copies of any papers that show I agreed to pay what you say I owe.
    4. Show me that you are bonded to do business in the State of Texas.
    5. Do not contact me by any means other than written correspondence.

    Best Regards,
    jlynn


    IMHO, short and to the point.
     

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