Please help me /American Agencies

Not a victim, but know a violation when I see one. I assume you already got the green card back (signed). Wait out 30 days from the sig. date and send out the estoppel. Includes a copy of the green card, a copy of the original letter. You can also include this section of the FDCPA:

§ 809. Validation of debts [15 USC 1692g]

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

Here's a link to the FDCPA for your info.:

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm


Also, two can play at the game:

â?? We have been informed you are applying for credit, the balance is on your credit file as an unpaid account. Remit payment in full today to clear your credit record.â?

Tell them:

"I have been informed you are violating federal law, the balance now due for your blatant disregard for the FDCPA will now be placed on YOUR credit file as an unpaid account. Remit payment in full today to clear your conscience". LOL

 

Continued collection activity during dispute. Violation.
Wait thirty days and send them a letter of intent to sue and tell them you are filing a complaint with the FTC for FDCPA violations.

Gib

 

You're welcome, glad I could assit.

 

Here you go. Sorry I didn't respond till now. Didn't see your second post until a few minutes ago.




Collection Agency Name
Address
City, State

January 1, 2002

Re: Account #

Dear Sir or Madam:

I requested valid proof that I have an obligation to pay you anything. I have not heard back from you in over 30 days regarding my demand for proof of the alleged debt. Under the doctrine of estoppel by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists.

I have attached an opinion letter from the FTC. It clearly states that a collection agency is required to provide the evidence in a FDCPA dispute. You are still bound by my original request for validation. Demand for proof still stands.

In a good faith effort to resolve this matter amicably, I restate my demand for proof of the alleged debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter.

For the record, I state again that 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:

1) Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter.
2) What is your authorization of law for your collection of information?
3) What is your authorization of law for your collection of this alleged debt?
4) Please evidence your authorization to do business or operate in the state of (your state).
5) Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.

You have 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 in error, and that this matter is permanently closed. Since you have not met the standards required under the FDCPA, you have not validated the debt. Under federal law, you may not report this on my credit report.


Please be aware, if I find any notation of this invalid account on my credit report(s), I will be filing a lawsuit against Collection Company for:

1) Violation of the Fair Debt Collection Practices Act
2) Violation of the Fair Credit Reporting Act
3) Defamation of Credit

Failure to respond within 15 days of receipt of this registered letter will begin my taking legal action against your company. I will be seeking $3,000 in damages for the above violations.

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.

Best regards,

Mindcrime2



The FTC opinion letter I refer to is the Wollman letter. Here is a link to it:

http://www.ftc.gov/os/statutes/fdcpa/letters/wollman.htm

Be sure and include this letter as well, otherwise if you don't, that paragraph about it being "included" won't make sense.

This letter basically tells them a computer print-out of what they already have isn't validation, so don't even both trying.

 

Nice Job.

 

Hoss,

FWIW, one of my first disputes was an Amer AGC account on my TU report. Right after I disputed with TU, I got a similar demand from Amer AGC for an alleged $1300 phone bill. I ignored it and about 2-3 weeks later it came off TU. I disputed another Amer AGC for the toll road and it came off without a peep!

They could be a "paper tiger" with no proof.

HTH

 

I will tell you guys what I was told by the compliance director at Gulf State/OSI last year.

These ca's buy charge offs in bulk, for pennies on the dollar. The have supposed agreements with the oc's that if and when needed, the oc will provide proof of an acct. In most cases, the oc does NOT have it. That is why you can never get a correct validation response. These ca's, 9 ot of 10 times cannot prove the validity of their claims. Keep the pressure on them.

 

Excellent! Now all we need are tuffer validation laws and we're all set.

lol