lizardking/FDCPA violation?

During the month of 12-01 I received a collection notice from North Shore Agency, claiming I owe a debt to Columbia House for approx $80. Long story short is, I never received the products CH "claims" they sent. So... 12-23 I send a ltr to NSA, green card signed for on 12-31-01. On or about 1-19-02 I receive a short ltr (dated 1-11-02) back from NSA saying they received my request for proof and are forwarding my request to CH, and once they receive the proof they will send to me. Today, 1-28-02, two days away from the 30 day clock, I get another collection notice for the same account, DIFFERENT CA. Now their ltr says this: CH has conducted an audit of your acc. and has found that all statements mailed to you have remained unanswered (wrong! NSA acknowledged they were in receipt of my validation ltr). And they're demaning I pay. The ltr is dated 1-15-02, however the envelope it was in was dated 1-25-02 (guess it took 10 days to drop in the mail) Notice the date of this ltr is just 4 days after the ltr received from NSA that they were obtaining proof.

Now, my questions are:

1. This is a violation of the FDCPA correct?
2. What specific violation is this?
3. Can someone point me to a good ltr to send to this "new" collections agency, pointing out how they violated the FDCPA?
4. Is this also a violation of the FCRA?

BTW, I don't mean to direct this ltr to Lizardking only, anyone who can offer any assistance, please do.

 

Thanks kev. This is the only estoppel ltr I have on file, does this work? Any corrections or additions I should make?


Dear Sir or Madam:

As I have not heard back from you in over 30 days, regarding my demand for proof, since my notice of dispute and you have not supplied the demanded proof of the alleged debt, under the doctrine of estoppel by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists.

In a good faith effort to resolve this matter amicably, I restate my demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine.

For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information:

1) Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter.
2) What is your authorization of law for your collection of information?
3) What is your authorization of law for your collection of this alleged debt?
4) Please evidence your authorization to do business or operate in the state of Nevada.
5) Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.

You have 15 days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter(s) in error, and that this matter is permanently closed.

Your continued silence is unacceptable. Either provide the proof or mark this matter permanently closed. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act.

Failure to respond within 15 days of receipt of this registered letter (with return receipt) will begin my small claims action against your company. I will be seeking $5,000 in damages for the following:

1) Defamation
2) Negligent Enablement of Identity Fraud
3) Violation of the Fair Credit Reporting Act

After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriffâ??s office in your county and I will begin the process of attaching property or funds to satisfy the judgment.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

Witness My Hand and Seal this 28th day of January 2002.



BTW, they're not on my report, at least not since I last checked


Also... do I send this ltr to the new CA? The old one? The original creditor? If sending to the new CA, do I modify that first paragraph? Should I also make reference to the ltr I received from the old CA that they are in receipt of my ltr? (because the new CA claims I've ignored all correspondence)

 

I guess what I'm trying to say is, do I ignore this new letter and send estoppel to the original CA? Or do I acknowledge this ltr in my estoppel to the new CA attempting to collect.

 

Thank you LK, that's what I thought. And yes I have more than enough courage to walk all over these clowns. I've taken parts of your ltr (which speaks about the FTC, and parts of the estoppel ltr) and want to know what you think, i.e. does it look okay, do i need to make changes? Thank you again.


Dear Sir or Madam:

I am in receipt of your letter dated January 15, 2002. A copy is attached for your reference.

Please be aware that your letter does not meet the minimum threshold of the Fair Debt Collection Practices Act. I requested valid proof that I have an obligation to pay you anything. The letter you sent me says nothing of any value. Since it has now been over 30 days, regarding my demand for proof, since my notice of dispute and you have not supplied the demanded proof of the alleged debt, under the doctrine of estoppel by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists

I have attached an opinion letter from the FTC. It clearly states that a collection agency is required to provide the evidence in a FDCPA dispute. The collection agency cannot simply refer it from one collection agency to another. Demand for proof still stands.

For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, and must ask for the following information:

1) Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter.
2) What is your authorization of law for your collection of information?
3) What is your authorization of law for your collection of this alleged debt?
4) Please evidence your authorization to do business or operate in the state of Nevada.
5) Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.

You have 15 days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter(s) in error, and that this matter is permanently closed.

Since you have not met the standards required under the FDCPA, you have not validated the debt. Under federal law, you may not report this on my credit report.

Please be aware, if I find any notation of this invalid account on my credit report(s), I will be filing a pro se lawsuit against DYMACOL for:

1) Violation of the Fair Credit Reporting Act
2) Violation of the Fair Debt Collection Practices Act
3) Defamation of Credit

Failure to respond within 15 days of receipt of this registered letter will begin my taking legal action against your company. I will be seeking $5,000 in damages for the above violations.

After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriffâ??s office in your county and I will begin the process of attaching property or funds to satisfy the judgment.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

Witness My Hand and Seal this 29th day of January 2002.

 

No they haven't. Thank you for pointing that out. Are there any other violations I can add besides defamation of credit and violation of FDCPA? Other than that, is it good to go?

 

Overall, yes I am comfortable. I do have one other question though, where it says I will be filing a pro se lawsuit against the CA.... question is: pro se, is that circuit court? if i'm just looking to go after them in small claims (if necessary) should I take out the pro se lawsuit and just leave it as "filing a lawsuite against..."

Oh wait, one more question:

)Defamation of Credit. is this a violation I have them on since they have not reported to the CRA's?

 

One more thing, I promise! Should I send a copy of the letter I received from NSA (the original CA) with this ltr? -The original ltr admits receiving my request for validation/proof. While the ltr from the new CA claims no attempt on my part has been made to resolve the issue.

Anyone who knows can answer, thanks very much

 

Lizardking, again, thank you very much. I appreciate all your insight and time.

 

LKH- Dymacol Inc.