How's this for validation?

Discussion in 'Credit Talk' started by cnswift, Feb 6, 2002.

  1. cnswift

    cnswift Well-Known Member

    Anybody have any thoughts on this letter? A friend of mine just started receiving collection notices, and I told him I'd help him write a validation letter.

    Well, I didn't want to use a form letter from the sample section (didn't want to send a separate form, since they usually seem to ignore them) so I made a hybrid of one of the CreditNet letters, and an older letter I've used before (it didn't seem "bitey" enough). I think the result works pretty well, but I wanted to ask y'all about it before I let him send it off.


    ---BEGIN---
    ««Your name and address»»

    ««CA's Name and Address»»

    ««Date»»

    RE: Account #________/««Original Creditor's Name»»

    Dear Sir or Madame:

    I am writing in response to your letter, dated ««Date from CA Letter»» and received ««Date Recieved»», which alleges that a debt with ««Original Creditor»» is owed by me, and further stating that said debt has been placed with your office for collection. Although I appreciate that you have taken the time to notify me of this, I feel compelled to respond to your allegation that any such debt is owed.

    First, please be informed that while this letter does not represent a refusal to pay, it is notice that I formally dispute your allegation of debt, deny the same, and hereby demand strict proof and verification thereof.

    This demand is made pursuant to the Fair Debt Collection Practices Act (15 USC § 1692g(b)), and as such, I must insist you provide me with the following within 30 days in order to fulfill your responsibility with regards to validation of this debt:

    1. Complete and itemized evidence indicating any and all services rendered by your client, along with the associated charges, for which you claim I am liable, as well as proof from your client that such services were actually rendered to me.

    2. A copy of the contract, bearing my signature, wherein I have agreed to pay for such services.

    3. A copy of the agreement with your client that grants you, ««Collection Agency Name»», the authority to collect this alleged debt on their behalf.

    Failure to respond to this demand within 30 days, as required by law, will be construed as your absolute waiver of any and all claims against me, as well as your tacit agreement to compensate me for all future costs and attorney's fees related to my defense of your allegation.

    Further, if you do not respond, or are unable to validate this debt, within the prescribed 30 day period, I require that any information regarding this account that may have been placed with a Consumer Reporting Agency (as defined by 15 USC § 1681a(f)) be removed immediately. Failure to do so represents violation of the Fair Credit Reporting Act (15 USC § 1681s-2(a)(1)).

    Please be advised that any further attempt to collect this debt, without first providing the required validation, is a violation of the Fair Debt Collection Practices Act ((15 USC § 1692g(b)). Additionally, any further demands for payment made through the United States Mail System, without first providing the required validation, may also constitute mail fraud under federal law (18 USC § 1341). As such, it may be in your interest to consult with a competent legal advisor prior to any future communication with me.

    With affection,

    ««Your Name»»
    ---END---

    I thought about adding "This is a communication from a consumer attempting to validate a debt. Any information obtained will be used for that purpose", but I thought that might be a little over the top. ;)

    So, what do y'all think? Suggestions?

    --
    cnswift
     
  2. Andrew

    Andrew Well-Known Member

    LMAO!

    Definately add that!
     
  3. doodyhead

    doodyhead Well-Known Member

    You should also add that any attempts to contact you by phone will be billed at $24.95 per minute.
     
  4. Andrew

    Andrew Well-Known Member

    BTW, great letter!
     
  5. sam1014

    sam1014 Well-Known Member

    Great letter! Here's the one that I sent out the other day...


    February 02, 2002



    Xxx
    Xxx
    Xxx

    To Whom It May Concern:

    It has come to my attention through the credit bureaus that you claim I owe a debt to your agency. This is a request for validation made pursuant to the Fair Debt Collection Practices Act.
    Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. 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. I respectfully request to be provided proof of this alleged item, specifically the contract, note or other instrument bearing my signature. Failing that, the item must be deleted from my report as soon as possible.
    You should also be aware that reporting such invalidated information to major credit bureaus might constitute defamation of character, as the negative marks on my credit report harm my credit and prevent me from enjoying all the benefits of good credit. I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies.
    Please attach copies of:
    · Agreement with your client that grants you the authority to collect on this alleged debt
    · Agreement that bears the signature of the alleged debtor wherein he agreed to pay the creditor.
    Best regards,
     
  6. GEORGE

    GEORGE Well-Known Member

    Why not $25.00/minute?
     
  7. OtherTerri

    OtherTerri Well-Known Member

    Great letters, both of you! Let us know how they work!

    Good Luck!
     

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