help with this, please!!

My version:

This letter is to inform (CA name) that its services are no longer desired, and I hereby demand pursuant to section 1692c(c) of the FAIR DEBT COLLECTION PRACTICES ACT that all communication between (CA name) and myself CEASE and DECIST.

Enclosed is a copy of Internal Revenue Service form 1099c indicating that (OC NAME) has taken a tax write-off on the debt allegedly owed to (CA name) by myself. Once a debt has been written off by a creditor, the debt is forgiven and essentially ceases to exist and cannot be further collected or sold to any 3rd party collection agency, including yours.

I will restate for the record: NO DEBT EXISTS CONCERNING ACCOUNT XXXXXXXXX FROM (OC NAME) FOR (CA NAME) TO COLLECT.

In addition, I also hereby demand that any false derogatory entries placed on my consumer reports by (CA NAME) regarding the alleged above referenced debt be immediately removed.

Failure to remove the false derogatory comments within 30 days will result in the commencement of litigation against (CA name) for defamation of my character, violations of the Fair Debt Collections Practices Act, violations of the Fair Credit Reporting Act, my states consumer protection laws, and any other applicable laws that I can think of or discover in the next 30 days.

Have a nice day.

Very Truly Yours,

Dixidrifter

 

In addition send this letter to the OC.

RE: Account XXXXXXXXXXX

To whom it may concern,

This letter is to inform (OC name) that it has sold or transferred a debt to a 3rd party collection agency, (CA name), that was forgiven and written off pursuant to applicable Internal Revenue Service Code.

Enclosed is a copy of the Internal Revenue Service form 1099c indicating the debt was forgiven by (OC name) and (whatever evidence you have of CA collecting) as evidence of my position.

I hereby demand that (OC name) contact (CA name) concerning this issue and inform them the debt they are trying to collect is invalid and all future efforts to collect on this alleged debt should cease immediatly.

(OC name)'s failure to comply with my demands in 30 days could constitute violations of my states consumer protection laws concerning unfair and deceptive practices and vicarious liability for the actions of (CA name).

Furthermore, stiff sanctions from the Internal Revenue Service may be instigated if this issue is not resolved with due dilligence. I hope you will agree that this could result in an audit of (OC name)'s records to see if any other similar violations were committed.

I take it (OC name) will give this letter the attention it deserves. Have a nice day.

Very truly yours,

Dixiedrifter

 

Remember to ALWAYS SEND IT CERTIFIED MAIL! Then if they violate it, you can go after them. It is worth the four bucks!

 

How and where did you get this document? Directly from the IRS using FOIA or what?

 

OH. OK. Yes that is what I wanted to know.

Now then, how do we arrive at the idea that a loss to the creditor which in tax law is a net gain in income to you mean that the debt is forgiven?

That is another point I fail to see.

 

Re: Re: help with this, please!!

question - if they cut you a 1099, then wouldn't they need to refile their taxes if you paid them back?

 

Re: Re: help with this, please!!

I seriously doubt they would have to refile. Seems to me that they could just file an amended return or just report it on the next tax filing. They have to report quarterly anyway.

 

Re: Re: help with this, please!!

That is another point I fail to see.
bbauer
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Me too
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