As you all know I'm trying to clean up TeleCheck so that I can open account with Credit Union. I've got a request out for information (regarding 2 checks from 1997) from them and now just waiting. As for the other check they told me that it was taken back by the original creditor so I called and asked for something in writing stating this balance that they say I owe (didn't admit to anything). It's from one of those payday loan places (I know, I know) and I got the statement in the mail on Friday. It just has date opened, closed and balance. It's not on letterhead or anything, actually it's just a computer print out. Can I send them a validation letter or a verification since they are the original creditors? And they are reporting on all 3 reports. The loan was from 1997.
You can Validate with an Original creditor. This letter seems to work pretty well. Give it a try. Sample Validation Letter For Original Creditor This letter is to be used ONLY if for the original creditors. To use this letter you can click at the beginning of it with your mouse, highlight the ENTIRE letter by dragging your mouse to the end of it while still holding down the mouse button. When you reach the end of the letter and see that it is all highlighted, right click on your mouse and select COPY. You will then need to open a word processing program such as Microsoft Word or Notepad. Place your mouse cursor in the blank document window and right click again, select paste and you have your letter. Name it and save it to your hard drive. RETURN TO STEP THREE-VALIDATING THOSE DEBTS Original Creditor Name Address City, State, Zip Date Re: Account # (Your Account # Here) To Whom It May Concern: This letter is being sent to you in response to a listing on my credit report. This is not a refusal to pay, but a notice that your claim is disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete the attached form and follow its instructions and your claim will be processed as soon as the information is received. Please be advised that I am not requesting â??verificationâ? that you have my mailing address, I am requesting a â??validationâ?, that is, competent evidence that I have some contractual obligation to pay you. You should also be aware that reporting such invalidated information to major credit bureaus might constitute fraud under Federal and State Law. You may wish to consult with a competent legal advisor before your next communication with me. Please also be aware that if any negative mark is found on any of my credit reports from your company, or any company that you represent, this will result in my filing an immediate lawsuit against you and your client for: · Violation of the Fair Credit Reporting Act · Violation of the Fair Debt Collection Practices Act · Defamation of Character · Negligent Enablement of Identity Fraud Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports. Under the FDCPA, once a consumer attempts validation of an alleged debt, all collection activity must cease and desist. This includes listing any account with a credit reporting repository that is inaccurate and invalidated. If you do not respond to this validation request within 30 days from the date of this request, all references to this account must be completely removed from my credit file. I suggest that you get your records in order before I have to target you for legal action. Best Regards Your Name CREDITOR DISCLOSURE STATEMENT Name and Address of Creditor:____________________________________________________ Name of Debtor: _______________________________________________________________ Account #: ___________________________________________________________________ Address of Debtor: _____________________________________________________________ Amount of debt purported to be owed: ______________________________________________ Date alleged debt became payable: ________________________________________________ Has this alleged debt been sold or assigned to a 3rd party Collector? YES NO If Yes, please provide the name, address, phone & fax number of 3rd party collector: _____________________________________________________________________________ If alleged debt was sold, please provide the amount that the alleged debt was sold for:$_______ · Please attach a copy of the agreement with your client that grants (Name Of Creditor) the authority to collect this alleged debt. · Please attach a copy of any agreement that bears the signature of debtor, wherein he/she agreed to pay creditor. · Please attach copies of all statements while this account was open. Have any insurance claims been made by any creditor regarding this account? YES NO Have any judgments been obtained by any creditor regarding this account? YES NO Please provide the name and address of the bonding agent for (Name Of Creditor), in case legal action becomes necessary: __________________________________________________ ______________________________ Authorized Signature For Creditor ______________________________ Date Please return this completed form and attach all requested information, assignment or other transfer agreements, which would establish your right to collect this alleged debt within 30 days from the date of this letter. Your claim cannot be considered if any portion of this form is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by law, your claim will not be considered and you may be liable for damages for continued collection efforts. Please allow 30 days for processing after I receive this information back.
