I have a collection account on my reports listed from back in July 2000. The collection agency is Credit Management INC out of TX I sent out a validation request certified & they responded certified within 30 days. Their letter is as follows "My Office is in receipt of your letter dated ***, regarding the above referenced account. I contacted our client Satstar, and advised them of your letter. Satstar submitted this account to our office for collections on June 16th 2000. The service was (Previous address over 2years ago). This account was opened with a ssi number ending in (last 4 numbers of my social). If this account was opened fraudulently, please provide our office with a copy of your identity theft affidavit. Your will also need to contact the fraud assistance departments with the 3 national credit bureaus..." My first response to this is where is the validation?? Where is the signature or contract agreement?? I should not have to provide proof, they should since they are listing this on my credit report. Please weigh in with your opinions on next step. Which for me is going to be something along the lines of a nutcase letter.. Thanks!
Here is a letter I drafted this morning and will send out tomorrow. Let me know what you think.. In August, I sent a letter asking for validation of the above account number for which your company states that I owe. Be advised that at that time in the previous correspondence that I was exercising my rights pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) to dispute your claim and request validation. At that time I respectfully requested that your offices provide me with competent evidence that I have any legal obligation to pay you. In response to my letter from your company, there was offered no proof i.e., competent evidence that I had some contractual obligation sans consumer protection encumbrance which incurred the original claims associated with this tradeline. Therefore, you are continuing to report to the credit reporting agencies information that is inaccurate & invalidated. This action does constitute evidence of your intent to abridge one or more civil or other constitutional rights which include: · Violation of the Fair Credit Reporting Act · Violation of the Fair Debt Collection Practices Act · Defamation of Character Therefore I am requesting that all references to this account must be deleted and completly removed from my credit file and a copy of such deletion request be sent to me immediately. If your offices fail to respond to this request within 10 days from the tracked and confirmed delivery of this lawful notice, please be further advised that continued unsubstantiated reporting of possible inaccuracies to third parties may provide a basis for criminal complaints being filed in accordance with FDCPA, FCRA, and other federal statutes. I look forward to a timely and amicable resolution to this matter. Sincerely yours, Your Name Address City, STATE ZIP
I personally take out the words "continuing" and "possible" out of the last line. Looks fine to me. Send CRRR and see how they respond. They obviously haven't sent you anything that begins to qualify as validation. DemPooches
I would change this: If your offices fail to respond to this request within 10 days from the tracked and confirmed delivery of this lawful notice, please be further advised that continued unsubstantiated reporting of possible inaccuracies to third parties may provide a basis for criminal complaints being filed in accordance with FDCPA, FCRA, and other federal statutes. to Should your office fail to respond to this request with 10 days from the comfirmed delivery of this lawful notice, I will immediately upon the 11th day submit this case to my atty for any criminal and civil remedies afforded me as per the FDCPA and the FCRA,
