06-21-2004 RE: 2nd Request for Validation of Account # ******** To whom it may concern : This is my second attempt to validate this account , after discovering your company reporting a collection on my credit reports . I sent a prior letter asking for Validation of this account and it was signed for by a "******* ****" on 5/21/2004 (tracking number **** **** **** **** ****). I request again that you send me proof that this account belongs to ********* *******. I have never had a account with your company and have never received a bill including the charges , dates , and reasons for the charges on this account . By your not responding to my first request for validation of the account , you are in violation of my rights stated here : § 809. Validation of debts [15 USC 1692g] http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809 (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; Page 2 of 2 (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. I am requesting that you notify all of credit bureaus that this account is â??disputedâ? or that you delete this account until this matter is resolved. This is required by the Fair Credit Reporting Act. This is a written dispute of the this account per the Fair Credit Reporting Act, the Fair Debt Collection Practices Act and the Fair Credit Billing Act. Please be aware that I am exercising all of my rights per these laws and all other applicable laws protecting me. Sincerely, Lemondrop
As you will probably notice from the number of posts I've made so far I am pretty much a newbie yet so please excuse me for asking a dumb question but why do you want them to validate the debt??? I'd just like to hear it from you, not the experts who could answer the queation very easily. I see lbrown59 has told you to use the estoppel letter and I know that lbrown can and probably will come up with an answer and that's fine too but I just want to hear it from you and not others. Why do you want them to validate the debt?
I don't know what the debt is for , have not been notified EVER of it (other than on my credit reports) , and have not had business with the OC the CA is collecting for/bought debt from . For all I know , Osama Bin Laden could have bought something with my name .
Re: Re: How is this 2nd validation letter ? Those are excellent reasons. But I would like to suggest to you that lbrown59 has very diplomatically suggested that there may be better ways to get the same thing done. With lbrowns suggestion in mind you might want to think about it just a bit before you move ahead. I'm quite sure that others might have some good ideas for you to think about as well. Take care and good luck.
Re: Re: How is this 2nd validation letter ? NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ************************************************************ Why do you want them to validate the debt? kaykay29 ========================== Because people don't realize that when you start trying to prove you don't that's when you prove you do.
Re: Re: Re: How is this 2nd validation letter ? I never sent a 2nd letter , I was getting set to for next Tuesday but the CA has removed all the TL's from all 3 CRA's . Guess it pays to dispute and then send the CA a validation letter . I guess they removed it because it could not be validated ..........just as I figured .
