Ok, I am writing First Midwest Bank about a car loan that they reported as being paid late on time. They keep verifying with the credit bureaus and I am tired of it because I never paid late. So here is my letter. I need all of your feedback. I think I may be missing something. Thanks. I took this from a letter someone else posted and used it as a format. If you guys think it's ready to go, I will send it today. Thanks. First Midwest Bank 300 N. Hunt Club Rd. Gurnee, IL 60031 February 20, 2002 Re: Account #XXXXXXXXXXX To Whom It May Concern: This letter is being sent to you in response to a listing on my credit report. This is a notice that your claim stating that I ever paid late on my account is being 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 the information is received. Please be advised that I am not requesting "verification" that you have my mailing address or that I had an account with your company, I am requesting a "validation", that is, competent evidence that I did not meet my 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 continued reporting of the false negative mark found on my credit reports from your company, or any company that you represent will result in my filing an immediate lawsuit against you for: Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character 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. Under the FDCPA, once a consumer attempts validation of an alleged debt and the information pertaining to the alleged debt, listing any account with the credit reporting repositories that is inaccurate and invalidated must cease and desist. If you do not respond to this validation request within 30 days from the date of this request, this account must be listed as paid as agreed. I suggest that you get your records in order before I have to target you for legal action. ********************************** And here is the second page for them to fill out. ********************************** CREDITOR DISCLOSURE STATEMENT Name and Address of Creditor:____________________________________________________ Name of Debtor: _______________________________________________________________ Account #: ___________________________________________________________________ Address of Debtor: _____________________________________________________________ Amount of debt purported to have been owed: ______________________________ Date debt became allegedly delinquent: ________________________________________ Was this debt assigned to debt collector or purchased? ________________________________ Amount paid if debt was purchased: ________________________________________________ -Please attach a copy of the exact dates of all payments made and check numbers used in payment of debt. -Please attach a copy of the names, times, and dates of the persons who processed payments in regards to this account including dates of receipt and posting of each payment made. -Please attach a copy of any agreement that bears the signature of debtor, wherein he/she agreed to pay creditor. -Please attach copies of all statements while this account was open. -Please attach a signed company policy statement explaining exact processing times and handling procedures for payments made in check form. 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 Please provide the name and address of the bonding agent for First Midwest Bank in case legal action becomes necessary: __________________________________________________ ______________________________ Authorized Signature For Creditor Date ______________________________ ______________________ Please return this completed form and attach all requested information, assignment or other transfer agreements, which would establish your right to report this debt within 30 days from the date of this letter. Your claim cannot be considered if any portion of this form is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by law, you may be liable for damages caused by reporting erroneous information. Please allow 30 days for processing from receipt of information sent in compliance with federal law.
I may be wrong but it doesn't look right. It almost looks like it hasn't been customized enough for the task at hand. Mentioning validation seems unnecessary and out of place. Validation, by definition, means you want them to validate the debt as yours. I don't think it has anything to do with late pays on an account.
Wrong letter!! That letter is for use with collection agencies when you want to make them prove the account is really yours. What you need to send is a letter requesting details of your transactions - the account history. You are not disputing whether the account is yours, you are disputing their reporting of your account history. more like this...
Thanks guys. I guess that I wanted some big bad letter to send that will make them comply. I know for a fact that I never paid this account but since I was in college, I didn't know I had to keep records on this thing. Is there anyway to be more forceful if they do not respond or basically tell me to kiss thier tushes?
I think going the "nice" route in a situation like this first may get you results. After all, all you're asking for is account history.
