Not sure of next step re validation

Discussion in 'Credit Talk' started by c_indalite, May 21, 2003.

  1. c_indalite

    c_indalite Well-Known Member

    I requested validation regarding a debt owed to J J MacIntyre from all CRAs. Today I received correspondence from J J MacIntyre (who, I found out, are the collection agency) saying they received the request from TU or Equifax about my request, then....


    "after verifying the information provided by the credit grantor, this debt appears to be yours" and that they want me to call them immediately upon receipt of the letter. They say they will hold the file for five days and if they don't hear from me by telephone they will report that it is validated to the CRAS.

    So now do I send a proof of validation letter? And I'm not really sure WHICH letter to send to CA?

    They've given me nothing, just saying they believe it is mine.
     
  2. begntexs

    begntexs Well-Known Member

    #1. DO NOT CALL THEM EVER !!!!!!
    #2. NEVER EVER TAKE THEIR CALLS!!!!!! (privacy manager works great)
    #3. IF YOU HAPPEN TO PICK UP A CALL FROM ANY CA ....... RECORD THE CALL-TELL THEM ANY THING THEY SAY IS BEING DOCUMENTED FOR TRAINING PURPOSES ...(thats always fun)

    Here is your letter: do not change anything


    Your Name
    Address
    City State Zip

    Company
    Address
    City State Zip

    Date

    RE: Account #_________/Original Creditorâ??s Name

    Dear Sir/Madame:

    Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form.

    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.

    You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me.

    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 tacit agreement to compensate me for costs and attorney fees.

    Sincerely,


    Your Name don't sign


    - - - Include the following on a separate sheet of paper - - -


    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.

    Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO

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

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


    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.

    _________________________________________________


    I would send JJ this one CRRR or FEDEX & fax them using FAXAWAY (Christine from Bayhouse recommends it)


    But then again I am only 7mos old newbie....
     
  3. ryder

    ryder Well-Known Member

    On the Questionnaire, I always like to add a few lines asking them for the name, phone number and address for their "Agent of Service" in my State. It makes them think twice about playing games, because once you have that information, its just a few easy steps to drag them into small claims court.
     
  4. c_indalite

    c_indalite Well-Known Member

    thank you both. As soon as I get to work I'm printing this bad boy out and send it straight to JJ.
     

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