Inadequate Validation

Discussion in 'Credit Talk' started by drdeleto, Jul 27, 2004.

  1. drdeleto

    drdeleto Well-Known Member

    Which is the best letter to use when a CA supplys half-assed validation? All they sent was photocopies of some previous bills. And then they continued their collections.

    The others just sold off the debt off to another CAs. For those I'm using the following letter.

    «Collector_Name2»
    «Collector_Address2»
    «City2», «State2». «ZIP2»

    February 28, 2004

    RE: Account # «Account#1» / Original Creditor: «Original_Creditor»

    It is a well settled legal principle that all opportunity for resolution must be extinguished before legal action can take place. This notice should be considered constructive notice.

    «Account1» has sold/assigned ("dumped upon") you a NON-performing, illegitimate debt, the collection for which has already been frozen by my demand for validation, via FDCPA. My demand was signed for on «Cert_Signed_On1» at «Collector_Address1» Your ignorance of this fact is no excuse.

    Both you and «Collector_Name1» are in violation of Federal Law for (but not limited to) continued collection activity on an alleged debt, the collection for which MUST CEASE until valid proof sent, pursuant to FDCPA § 809. Validation of debts [15 USC 1692g] (b)

    May I suggest you return this account to CA#1 and demand your money back, or compensation for your wasted time, pursuant to the "qualifying RECOURSE accounts provisions" of your purchase/assignment contract.

    I further demand that you immediately delete the trade-line you have inappropriately inserted on my credit report. YOU HAVE REPORTED INCORRECT INFORMATION! You have 5 days to cure.

    OR ...

    If you report this derogatory item to any credit reporting agency after the tracked and verified receipt of this notice, you may be sued.

    Any further communication from you before I receive the demanded proof of this alleged debts validity via federal and case law and I will instruct my atty. to begin drafting a formal complaint.

    Regards,


    Enclosures:
    1) Copy of original and all subsequent val demands
    2) Copy of return receipts & green cards
    3) My atty. staff
     

Share This Page