Need Help w/CA letter

Discussion in 'Credit Talk' started by SWFlaMom, Jun 25, 2004.

  1. SWFlaMom

    SWFlaMom Member

    Would you guys please help me with a letter? I have some questions:
    1. Is it OK to say 15 days in the last paragraph?
    2. Is there a fine if the balance keeps changing?and:
    3. All CRAs are reporting it as open in Dec 2003, which at is totally impossible. Maybe I should mention this as well?
    Thanks!

    Sirs:

    In February of this year I responded to a letter you sent and requested validation of a debt that you allege I owe. You were required by the FCRA to respond within thirty (30) days with proof of debt or cease collection efforts. To date, I have received no response.

    In my first letter, I notified you that â??I am writing to dispute your claim that I owe Sprint and/or your company $628.87. As per your letter dated 1/22/04, I am notifying you in writing within 30 days of your letter that I dispute all or a portion of this debt.â? I also told you that Sprint has been unable to provide me with any valid proof of this alleged debt.

    Although you are required by FCRA law to cease further collection efforts on a disputed debt until you can validate it, I received another letter in May, again demanding payment. The FTC considers this â??further collection effortsâ?. It is a violation of my rights under the FCRA and carries a $1000 penalty.

    As you are aware, when a debt is disputed, you are required to notify credit reporting agencies of the dispute. If you cannot validate a debt within the required 30-day timeframe, you are required by law to notify all agencies that you cannot validate and have all references to the alleged debt deleted from their records. I just received my credit reports and this alleged debt is still appearing on my reports as disputed. Although you did report to all credit reporting agencies that this debt was disputed as required by law, you (1) did not notify them that you cannot validate and (2) did not have it deleted. This violation of the FCRA carries another $1000 penalty.

    Your letter dated 1/22/04 alleged I owe $628.87. Your letter dated 5/25/04 alleged the balance due is $674.42. Credit reporting agencies are listing this supposed debt as $671. It is obvious that you have no idea of how much money you think I actually owe and have no proof to back up your allegations.

    You have had ample time to respond to my original letter. As I stated at that time, you, like Sprint, will be unable to validate this debt because I do not owe it. If you do not respond to this letter within the next fifteen (15) days, I will assume you have finally realized you cannot prove I owe this alleged debt. At that point, I will expect you to notify all credit reporting agencies that this debt cannot be validated, permanently remove all references to this debt and cease collection efforts. If you do not comply, I will have no recourse but to pursue this further.
     
  2. ontrack

    ontrack Well-Known Member

    Are you dealing with an account that you believe is not yours, one where the amount billed is incorrect, or trying to determine what the correct amount should be?
     
  3. SWFlaMom

    SWFlaMom Member

    This was originally a call phone. It couldn't have been over $300. I have no idea what the rest is, but tried to straighten it out w/OC (have no paperwork, unfortunately) and now it's gone to a CA.
     
  4. lbrown59

    lbrown59 Well-Known Member

    Just follow the validation process.
     
  5. lbrown59

    lbrown59 Well-Known Member

    NEW MEMBERS READ THIS.
    http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243
    ************************************************************
    1*In February of this year I responded to a letter you sent and requested validation of a debt that you allege I owe.
    2*You were required by the FCRA to respond within thirty (30) days with proof of debt or cease collection efforts. To date, I have received no response.
    3*I received another letter in May, again demanding payment. The FTC considers this â??further collection effortsâ?. It is a violation of my rights under the FCRA and carries a $1000 penalty.
    4*you are required by FCRA law to cease further collection efforts on a disputed debt until you can validate it,
    5*As you are aware, when a debt is disputed, you are required to notify credit reporting agencies of the dispute. If you cannot validate a debt within the required 30-day timeframe, you are required by law to notify all agencies that you cannot validate and have all references to the alleged debt deleted from their records. I just received my credit reports and this alleged debt is still appearing on my reports as disputed. Although you did report to all credit reporting agencies that this debt was disputed as required by law, you (1) did not notify them that you cannot validate and (2) did not have it deleted. This violation of the FCRA carries another $1000 penalty.
    SWFlaMom
    1*In march 2004 you should have sent the estoppel letter giving them 15 days to comply.
    If no compliance It is the ITS at the end of the 15 days.
    2*A CA is under FDCPA not FCRA. Also they do not have to respond in 30 days, in fact they don't have to respond at all.
    3*Why haven't you perused collecting the 1000?
    4*What are you their law professor?
    Don't educate the enemy or let them know how smart you are!
    5* Still trying to educate them I see: Do you really want them as sharp as you are.? Wouldn't it be easier to out fox them if they stayed ignorant?
    IT IS their responsibility to know all this all ready. It sure hain't your job to be their tutor.
     

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