What do you think of this letter? I intent to send this letter to the CA as I've received a partial validation from them. BTW, it's slightly modified version of the Estoppel. Thanks. Fermi ------------------ Name Address City, State Zip Company Address City, State Zip Date RE: Response to Your May 7, 2003 Letter Dear Mr. Green: On May 13, 2003 I received a letter from you in response to my request for validation of the account number 230920-156. Your letter included the following documents: - May 6, 1998 King County Housing Authority Itemized Statement. - May 6, 1998 King County Housing Authority collection letter. These documents do not suffice to validate the debt. In a good faith effort to resolve this matter amicably, I restate my demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine. For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information: Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter. What is your authorization of law for your collection of information? What is your authorization of law for your collection of this alleged debt? Please evidence your authorization to do business or operate in the state of Washington. Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. You have fifteen (15) days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter(s) in error, and that this matter is permanently closed. Your previous response is unacceptable. Either provide the proof or correct the record to remove the invalid debt from my credit files with the three primary credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act. Failure to respond within 15 days of receipt of this registered letter will result in a small claims action against your company. I will be seeking $5,000 in damages for the following: Defamation Negligent Enablement of Identity Fraud Violation of the Fair Credit Reporting Act After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriffâ??s office in your county and I will begin the process of attaching property or funds to satisfy the judgment. For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status. I affirm under penalty of perjury under the Laws of the Land for the United States of America, that the foregoing is true and correct, to the best of my knowledge and belief. Sincerely, Name
As a matter of policy I would not state anything about partial validation. I would re-phrase that part to read something like "The documents you provided are not sifficient for a normally intelligent person to determine the validity of your claim. I specifically require the following" 1 - proof of my legal liability 2- proof of an unpaid debt, including all charges and payments posted against those charges, back to the inception of the alleged account. 3 - proof of your legal right to collect this alleged debt 4 - proof of your legal right to do business in my state 5 - If you do business as a corporation, partnership, LLC, LLP or any other legal entity other than a Proprietorship, proof of the existence of that entity. 6 - If you do business as a proprietorship, proof of your filing of a "doing business as" certificate in both your state and mine. That should start the fishing trip off well.
Hi Flyingifr, I'll change the letter to read just as you suggested. Thanks. BTW, it'd be way cool if the Unofficial CreditNet Board FAQ had a section that addresses the problem where the CA comes back with insufficient proof in response to a validation request. Fermi
BTW, it'd be way cool if the Unofficial CreditNet Board FAQ had a section that addresses the problem where the CA comes back with insufficient proof in response to a validation request. fermiw ************************** It's not a problem if they don't validate by 30 days simply send the estoppel. THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
A Debt is either valid or invalid. So when it comes rite down to it there is really no such thing as Partial validation
