please read this letter and tell me if i should add anything... this is a hospital bill that was deleted from one cra, then added to another. i need to send this now...and i tried hard to make is sound professional, unique (not a standard form letter) but i may be lacking hard hitting notations that may help me... any suggestions? thanks so much. i am so nervous right now, this is one of my 2 last BIG battles in credit repair! i am so close (i began in the beginning of may) thanks...kbean First and foremost, please stop calling my parentsâ?? home. Second, please be advised that this is not a refusal to pay, but a notice that your claim is being disputed. To your offices, I requested validation of these two collection accounts listed on my credit reports. You never complied with my request within the 30 days that I noted. When you did respond, it was with a print out of the alleged accounts from your screen. Please refer to the Fair Debt Collection Practice Act if you are confused about proper validation. I have requested that you supply to me proof that this alleged debt is mine, which would include some type of contract binding me to the original creditor, including a reasoning for said charges. I am also requesting that you supply me with evidence that you are legally entitled to collect this debt on behalf of the original creditor. If people just handed over money to anyone who says that that it is owed, we would be in a very sad state of affairs, donâ??t you agree? I am only exercising my consumer protection rights afforded to me by the Fair Debt Collection Practice Act. Please keep in mind that you have violated this act by 1. Reporting this invalidated debt to the credit bureaus, which constitutes continued collection. If you cannot prove this debt, then you cannot collect this debt. 2. Continued collection in the form of dunning letters sent to the above address also constitutes a violation. 3. Furthermore, had you successfully contacted me and attempted to collect this debt, this would be another form of continued collection on an invalidated debt. 4. Exercise caution in how you respond to this request for validation, because in addition to my request for validation, Equifax will soon be requesting their independent form of verification and your possible inaccurate response may constitute another violation.
i understand... but should i quote fdcpa or brennen vs... spears or anything of that nature? or should i just assume that they know to what i am referring?
It's fine as it is. If they can't figure out which provision of law you are requiring them to adhere to, it will cost them $1000 to find out.
Re: please please please please ple Well... would you be open to a few suggestions from an English teacher? I'm just thinking a few changes in the verbiage could put some punch in it - make it a little firmer? But I don't want to step on toes - just a little bored and feel like doing some editing - feel free to say no.
Re: Re: please please please please ple If you want to send them Shakespeare, you can. Try this on for size: "Forsooth, I percieve that it is a fact That you hath violated the Fair Credit Reporting Act. The gods chant "what to do, what to do, what to do..." Methinks there is but one course of action - to sue. Thou has but a fortnight to send to me DSamages Statutory to make me happy. One Hundred dollars times ten the damages be That you must remiit to me. Refusal or failure to do would be crass For I wouldst have no option but to sue your a$$."
Re: Re: please please please please ple you both crack me up... sure, i will always take input, as long as you didn't graduate from where i went to school... i have three english teacher friends who don't know their asses from oxymorons... j/k thanks...
Re: Re: Re: please please please pl OMG!!!!!!!! That is the BEST - I so want to send that to some ding-dong collector - what kind of lunatic nutcase would I look like then!?!?!
Re: Re: Re: please please please pl well it was a psychiatric hospital i was dropped off at after a rather scrupulous party in college... so maybe this would be appropriate...think they would sue for the 2 grand then????
Re: Re: Re: please please please pl Okay... here is what I came up with, feel free to disregard any suggestions (although I do know my ass from an oxymoron!) I just inserted my editing and made some notations below: First, stop calling my parentsâ?? home immediately. Second, please be advised that this is not a refusal to pay, but a notice that your claim is being disputed. I requested validation for these two collection accounts listed on my credit reports. You did not provide validation within thirty (30) days as I requested. Your eventual response was a print out of the alleged accounts from your own computer system. Please be advised that this does not constitute adequate or proper validation. In addition, please refer to the Fair Debt Collection Practice Act or consult an attorney if you are confused about proper validation. I have requested that you supply to me proof that this alleged debt is mine, which would include some type of contract binding me to the original creditor, including a full and complete itemized accounting for said charges. I am also requesting that you supply me with evidence that you are legally entitled to collect this debt on behalf of the original creditor. I am exercising my consumer protection rights afforded to me by the Fair Debt Collection Practice Act. Again, I suggest you refer to the FDCPA or consult an attorney if you are unfamiliar with the rights and procedures set forth in the FDCPA. Please note that you are in current violation of the FDCPA and I will not hesitate to pursue all legal remedies available to me should this matter not be resolved to my satisfaction in a timely manner. Just my 2 cents: 1. Omitted the first "please" - you shouldn't sound as if you're requesting something from them - you're demanding that they stop calling your parents home no if's and's or but's. I think the word "please" implies weakness on your end. I would also add the word "immediately" at the end of the first sentence, but that's just me. 2. Rather than use the word "reasoning" (2nd paragraph) - I would say something like "itemized accounting for said charges" or something along the lines that states you want a line by line accounting for each and every charge that makes up the balance they say you owe. Anything less is unacceptable. I say this because "reasoning" sounds a little wishy-washy to me and "reasoning" is subjective in nature. 3. Omitted "only" in last paragraph - it sounds a little wishy washy too. You want to exude overwhelming confidence and knowledge and the word "only" implies a sort of begging and pleading attitude - kinda like "please don't be mad at me, I'm only doing this because..." 4. I really like the line: please refer to the FDCPA if you are confused about proper validation. I think that's funny and a little condescending (good thing!!! show them you know more about their legal obligations than they do). 5. I omitted the sentence about handing over money & the sad state of affairs - they could care less & probably think it would be great if people handed over money without question. 6. I wouldn't go over their violations with them - let them figure it out! Okay, again, just my opinion for grins and giggles.
Re: Re: Re: please please please pl i appreciate the feedback teebee you are a gem... i was thinking about those 'weak modifiers' or 'intensifiers'common of feminine speak(communication minor) ... but i let it get the better of me. i like your input. i am nervous about the legal pursuit threats because these people are well within their rights to sue me for 2 grand because it's been 4 years and we did have payment arrangements 2 years ago (not in writing) but still... i would hate to have to try to get a judgment removed because i can't let sleeping dogs lie... but the account was listed with only 1 cra and was deleted... but it just showed up on another one yesterday...nice... with that in mind, do you still suggest the stern approach?
Re: Re: Re: Re: please please pleas Yea, I sometimes have to really watch how I come off in these letters too (um, 'scuse me, but if you don't mind, please, if it's not too much trouble, could you possibly stop reporting this account, please sir?). Okay, it's not that bad, but definitely a female thing to feel compelled to apologize for being firm... Anyhoo... Well, I see where you're coming from and not wanting to stir up a hornet's nest. I think you just need to think hard about what you're going to be comfortable with. But, they've violated - period. Just because you still owe them doesn't negate the fact that they've violated the law. I would still definitely remain stern in all things except if you're uncomfortable with the pursuing legal remedies bit. But make sure they know that they're caught and you won't forget about it or let them off the hook. Maybe something like telling them that they are currently in violation of multiple sections of the FDCPA and that you are maintaining meticulouls records and are thoroughly documenting each and every occurrence of an FDCPA violation. I need to go read your thread again - when does the SOL expire for this debt?
Re: Re: Re: Re: please please pleas 10/2005 a little over 2 years... i was paying them 50 dollars a month 2 years ago (okay it was twice.. but they were all like 'we need a 30% goodwill payment to set up an agreement, so we may not accept your payment if you send it ...they did though... but this new dunning letter was all like 'you are late submitting your 50 dollar payment as per our agreement' like if i put it in writing..) they are slick, i'll give them that.
Re: Re: Re: please please please please ple this is the funniest thing i think i have ever read on here
Re: Re: Re: please please please please ple It is a good one!! Maybe we should try this one next time.
Re: Re: Re: Re: Re: please please pleas Okay, feeling really stupid, or really tired... I know you want to avoid coming on too strong w/ the legal threats and obviously don't want to get sued. But, suing you would be continued collection activity - another violation if they haven't provided you with proper validation. I'm sure you already thought of that and are trying to avoid any legal wranglings at all, but just thinking out loud here...
Re: Re: Re: Re: please please please please ple I know- I've gone back to read it at least 10 times today and just cracks me up!!
Re: Re: Re: Re: please please please please ple I know- I've gone back to read it at least 10 times today and just cracks me up!!
