mind/expert/brzz...opinion on VAL

Discussion in 'Credit Talk' started by Mrei, May 13, 2002.

  1. Mrei

    Mrei Well-Known Member

    Hey I am using mind's format for this val letter, I hope ya dont mind,it was a great sample..

    I hav couple Q..

    1) should I include my SS#
    2) Should I include their acc#
    THanks in advance.

    Dear Sir or Madam:

    This letter is in response to a claim by your agency on my credit report that I owe your company for a debt. According to the Federal Fair Debt Collection Practices Act. I have a right to have the alleged debt validated and I am requesting that you forward all proper documentation to me proving this alleged debt. Please complete the enclose form along with all documentation to the address below. I'm allowing your agency 30 days from the signed receipt sent via CRRR.

    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.

    Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tactic agreement to compensate me for costs and attorney fees.


    Sincerely,


    Meri
    SS# 611-11-2222
    PO Box 786
    Monterey, CA 90000



    CC: file

    Enclosure

    __________________________________________________






    CREDITOR DISCLOSURE STATEMENT

    Name and Address of Collector (assignee): _________________________

    Name and Address of Debtor: ____________________________________

    Account Number(s): ____________________________________________

    What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms.

    Has any creditor or assignee regarding this account made any insurance claims? YES/NO

    Has the purported balance of this account been used in any tax deduction claim? YES/NO

    Please attach a copy of the agreement with your client that grants you the authority to collect on this alleged debt.

    Please list the particular products or services sold by the collector to the debtor and the dollar amount of each:

    Please provide the name and address of the bonding agent for your company, in the event legal action against your company becomes necessary.

    Provide copy of agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor.

    Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action.


    ________________________________ ___/___/___
    Authorized signature for Collector Date

    Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts.
     
  2. Nave

    Nave Well-Known Member

    1) NO NEVER give the CA any information whatsoever.
    2) Yes, you can send them the account number they are listing on your credit report but only use the numbers listed...and do not add any other information about the account.

    -Peace, Dave
     
  3. mindcrime2

    mindcrime2 Well-Known Member

    Mrei,

    Like Nave pointed out, never give the CA any additional personal information. You never know how they will use it against you.

    BTW, the format you're using was not mine, I believe that is Lizardkings' letter. :)
     
  4. Mrei

    Mrei Well-Known Member

    Oh.is Liza's?

    Thank you Lizardking , I hope you dont mind letting me copy the format.
     
  5. Mrei

    Mrei Well-Known Member

    Ok..about the personal info..I have couple problem..
    1) The CRA REPORT doesnt give complete acc# , only 3 digit
    2) The colle.letter does have complete ACC#, but itsnt that ackno that I did received their letter?
    3) The coll.Letter doesnt address my name, in fact they have DIFFERENT FIRST NAME.SO should I send in my complete name ?
     
  6. mindcrime2

    mindcrime2 Well-Known Member

    If you're claiming you have never received a letter directly from the CA, and only found out about the account by pulling your credit report, I would suggest you only use whatever account information is supplied in the credit report.

    As far as the name goes, this is a tough call. On one hand I would say do not give them anything more than what they have, and the fact that they don't even have you first name correct would be a step in the right direction to help you get the account removed, but on the other hand, I'm not sure if by you sending a letter to them with a different name printed (not signed) on the bottom can be construed as being illegal (not quite sure what they term would be).

    Maybe someone else can help me out here.
     
  7. Mrei

    Mrei Well-Known Member

    ok. I just disputed again on the phone w/ Experian, usually, this CA ppl send me a letter when I dispute w/ CRA, so should I wait for "that " letter then send out a VAl letter? from what I see on CRA report this account already past Sol. should I just sit & wait??
    This is so complicated, if anyone has any idea how should it be handle, please please let me know!(by the way, only Exp is repoting this acc#)
     
  8. Kiyi

    Kiyi Well-Known Member

    I would send a validation letter signed, Ms. <correct last> If they don't have the info. Don't give them more. thats their job.
     
  9. mindcrime2

    mindcrime2 Well-Known Member


    If the account is past SOL then it really wouldn't matter if you used your correct first name, or just printed at the bottom of the validation letter Mr. or Mrs. or Ms. Mrei. I was thinking the debt was still within SOL and you were afraid they might still come after you for the debt (they still could, but you have your SOL defense).

    I would suggest you do the opposite of what you said in the first paragraph. Send the validation letter first, wait 5 days past the signed date on the green card, check if they note the account 'in dispute', if they don't, first print out your report showing they did not note the account (this is a violation), then dispute the account yourself through the CRA, and if the CA sends you ANOTHER collection notice, that's yet another violation, (continuing collection acitvity) without providing validation first.
     

Share This Page