Rip it apart! Tell me what you think? start- This third communication is being sent to you in response to the copy of the enclosed letter to me, dated March 04, 2003. I have sent you, in writing and for my second communication, return receipt requested, a letter asking for validation of an alleged debt to your agency. I received back a letter from you stating that ¡§for my privacy, Multnomah County Parking Court requires that you contact them directly for a copy of the violation.¡¨ This is not my responsibility ¡V this is yours. According to the FDCPA, Sec. 1692g b ¡V Disputed Debts, if I dispute the alleged debt within 30 days, which I have done, ¡§¡Kthe debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment¡K¡¨ This has not been done ¡V I have not received a copy of any such verification or judgment. I have disputed the debt in a timely fashion, I am requesting from your agency validation of the debt, and yet you cannot send to me your copy of the verification of any debt. You also, directly and knowingly, are reporting information to a credit reporting agency after I have notified you that the debt is inaccurate. According to the FCRA and the rules they have outlined; ¡¨A person shall not furnish information relating to a consumer to any consumer reporting agency if (i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and (ii) the information is, in fact, inaccurate.¡¨ I have to assume that if you are referring me back to the original creditor, that you have no copy of the debt in question and have no idea whether this information you are reporting to the credit reporting agencies is accurate. I am telling you, as a consumer, that it is. I am notifying you, as a consumer, that this specific information is inaccurate. Please cease furnishing information to any consumer reporting agency. I don¡¦t know how much more clearer your responsibilities are as a furnisher of information in this regard. In addition, the letter you have sent me within the last week and after you received my dispute clearly states in the first paragraph, ¡§We are attempting to collect a debt.¡¨ May I remind you, this may constitute collecting on a debt while the account is in dispute. I personally feel that a statement such as this shows that your agency is trying to collect on a debt unlawfully ¡V in fact, you are to cease collecting on a debt until you receive verification or a copy of the judgment and the very wording you are using shows you are knowingly trying to collect a debt while the item is in dispute. If you have no validation of a debt, how can you collect on it lawfully? However, this may be decided in court. Also, you write that ¡§Your account has been noted as disputed¡¨. Unfortunately, once again, I have pulled a copy of my credit report and enclose it for your review. The date on it is March 11 and as you can see, it is not being reported in dispute, contrary to which you have stated in your letter dated March 4. So, as of March 11, 2003, your agency is: â??h Not providing myself, the consumer with validation of an alleged debt. â??h Reporting the alleged debt while it is in dispute by the consumer. â??h Continuing to collect by letter on an alleged debt while it is in dispute. â??h Not reporting that the account has been disputed by the consumer to the CRA. I once again ask you in writing and citing you specific and relevant information in the FCRA and the FDCPA to please adhere to the FCRA and FDCPA. The FCRA and FDCPA provides for civil liability for negligent or willful noncompliance with regard to consumer protection. This letter is a friendly reminder that as an informed consumer, I am aware of my rights and ask that you stay in compliance. If you do not comply with the FCRA and the FDCPA, I may be forced to review this in court. Sincerely, Cc: Better Business Bureau of Oregon and Western Washington PO Box 1000 DuPont, WA 98327 Office of the Attorney General Consumer Protection, Criminal Justice, L&I, SHS WASHINGTON BUILDING 3RD FLOOR MS WT 31 1019 PACIFIC AVENUE TACOMA WA 98402
I think you need to give them a time limit in which to respond. If they don't respond within that time frame, you will then file suit, if that is what you plan to do.
I always closed my letters with some variation of the following: Presently, validation has not occurred on this account, and validation or removal must be accomplished thirty days after the original date of receipt which is January 3, 2003. Failure to comply will result in me seeking immediate relief in the New York state court systems. Thank you in advance for your cooperation.
