I'd like to say thanks to everyone here. I've been reading the site for a few days now and have gotten a lot of good info. I started reading this site since I'm trying to buy a house and when I looked at my credit reports there were a lot of wrong items on it, everything basically, and they all seem to stem from one cell account that's over three years old. I've gotten some of the items removed, but I'm having problems with Equifax getting me my credit report and two CAs keep "validating" the debt with the CRAs. So I decided to fight More on that in another post. This is my THANK YOU all post, my contribution to the fight if you will. I found a number of Validation letters and forms, thanks to all those who came before and gave me the idea and basic framework, but none I liked enough to use without some tweaking. Thus was born my validation form... two pages to strike fear (hopefully) into the hearts and minds of CAs and OCs everywhere ;-) I'm in Colorado, we have our own version of the FDCPA and a CA is required to have a physical office in the state with at least on efull tiem employee and be open to the public. You'll want to edit those parts to meet your own needs. I've converted my form to text, added editing notes etc from it's original MSWord doc format. I would be happy to supply the actual form (VERSION 4 now!) in MSWord to any who want it. Just reply here or whatnot or PM me if available and I'll send it. Thanks for all the help through all the posts here! Next message is the form.
And now for the form: Editing Notes: Where you see a line of "=" I have a bold line (underscore then <Enter> in MSWord) I will put formatting details inside of [ ] brackets for things like BOLD, CENTERED, etc. General formatting info: "CREDITOR DISCLOSURE STATEMENT", "Federal Fair Debt Collection Practices Act," "Federal Fair Debt Reporting Act" and "Colorado Fair Debt Collection Practices Act" are always in caps throughout the document. I used Times New Roman as the font, font size is 10 with the exception of the "legalese" as I call it at the bottom which is 5. It's 5 becuase it makes it fit on two pages (front and back) AND because I think they should have a little small sized "legalese" thrown at them. (BEGIN DOCUMENT) [bold, centered, underlined]CREDITOR DISCLOSURE STATEMENT The following information is required to validate the debt as represented by the Collection Agency named below. This request for validation and the information required by the CREDIT DISCLOSURE STATEMENT is made pursuant to the Federal Fair Debt Collection Practices Act, the Federal Fair Debt Reporting Act and the Colorado Fair Debt Collection Practices Act. THIS IS A REQUEST TO VALIDATE A CONTRACTUAL OBLIGATION AS HAS BEEN REPRESENTED BY THE COLLECTION AGENCY NAMED AND IN THE MANNER LISTED BELOW. ======================================================================================== <Credit Agency Name> Information provided by: <address> <city, state, zip> <letter, credit reporting agency> Account Number: <acc #> <date> Alleged Debtor: <name> Alleged Debt Amount: $<amount> ======================================================================================== [BOLD] The following information is to be completed by the Collection Agency: Name of Collection Agency: ________________________________________________________________________ Legal Name of Collection Agency if different than above: ________________________________________________ Collection Agency Account Number: _________________________________________________ Name of Original Creditor: ________________________________________________________ Address of Original Creditor: ________________________________________________________ Name of Debtor: __________________________________________________________________ Account Number: _________________________________________________________________ Address of Debtor: ________________________________________________________________ Amount of Debt purported to be owed: ______________ Date It Became Payable: __________________________ Was this debt assigned to the Collection Agency or purchased? ______________________________ Amount paid if purchased: _________________________ Commission for the Collection Agency if successful with assigned debt: _______________________ Attach a copy of the agreement with your client that grants you the authority to collect on this alleged debt. Attach a copy of any agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. Attach copies of all statements, and details of payments made, while this account was open. Have any insurance claims been made by any creditor regarding this account? If so provide full details. Have any judgments been obtained by any creditor regarding this account? If so provide full details. Have any negative tradelines been reported to any Credit Reporting Agencies regarding this alleged debt? If so, name the Agencies, the information provided, dates the information was provided to the Agencies. Include the address for each credit reporting agency information was submitted to. Provide details of any fees, charges, interest, etc applied by the Collection Agency. Provide the name and address of the bonding agent for the Collection Agency, in case legal action becomes necessary. [BOLD]Provide the following business information regarding the Collection Agency named above: Physical address of the corporate office of the Collection Agency, Post Office Boxes are not acceptable. Numbers and expiration dates of any business or professional licenses issued to the Collection Agency as required by local, county or state government through law, regulation, or government agencies. Attach Notarized copies of these licenses required for the State in which the Collection Agency physically resides. License number and expiration date issued by the State of Colorado. Attach Notarized copies of any licenses issued by the State of Colorado. Provide the physical address and phone number of the office maintained by the Collection Agency in the State of Colorado. If the Collection Agency is incorporated, LLC, LP or LLP list the state in which the Collection Agency is registered, the name under which it is registered and the identification number associated with the Collection Agency. If required additional pages may be used so long as they are notated in such a way as to be easily referenced to this CREDIT DISCLOSURE STATEMENT. =========================================================================================== The following information is required to be completed by the person completing this CREDIT DISCLOSURE STATEMENT: Name: __________________________________ Title: ___________________________________ Relation to the Collection Agency listed above (ie: employee): _____________________________________________ Street address of your office: ________________________________________________________________________ Suite, floor or office number of your office: _________________ City of your office: ___________________ State of your office: __________ ZIP of your office: _________- ______ Telephone of your office: _______________ Your Extension: __________ FAX of your office: ______________ Date this CREDIT DISCLOSURE STATEMENT was completed: ___________________________________ ____________________________________________ ___________________________ Signature Date ____________________________________________ Print Name =========================================================================================== [CENTERED]Upon completion this CREDIT DISCLOSURE STATEMENT is to be returned to: [CENTERED, BOLD]<Name> [CENTERED, BOLD]<Address> [CENTERED, BOLD]<City, State, ZIP> =========================================================================================== [BELOW IS 5 PT FONT SIZE] Under the Federal Fair Debt Collection Practices Act, the Federal Fair Debt Reporting Act and the Colorado Fair Debt Collection Practices Act the burden of proof on an alleged debt rests with the Collection Agency. Failure to prove the validity of the alleged debt, making false or misleading statements, as defined in these Acts by a Collection Agency can result in administrative and legal action by the Federal Trade Commission and the Colorado Attorney General as well as civil action by the alleged debtor. Unsubstantiated, untrue or misleading information that can not be validated and is submitted to a Credit Reporting Agency is a violation of these Acts. Failure by the Collection Agency to complete this CREDIT DISCLOSURE STATEMENT, in its entirety, and return it within 30 (thirty) days will be considered to be admission by the Collection Agency that the debt is not valid and can not be validated pursuant to the Federal Fair Debt Collection Practices Act, the Federal Fair Debt Reporting Act and the Colorado Fair Debt Collection Practices Act. Furthermore, it will be construed as your absolute waiver of any and all claims against the alleged debtor.
