Re: Re: Re: Re: please please please pl TeeBee did a excellent job but this is the letter I would send if I was going to send one. (I copied it from the net) Date Your Name Name and Address of original collector Re: Acct # 000-000-000-000 To whom this may concern, This letter is regarding account # 000-000-000-000, which you claim I owe. Be advised that this is not a refusal to pay, but a notice that your claim is being disputed. Please cease calling my parents' home immediately. I have requested proper validation for the two collection accounts you have listed on my credit reports. You did not provide validation within the thirty (30) day time frame as required under Section 623 (b)(2) of the Fair Credit Reporting Act (FCRA). I am formally requesting a copy of any documents bearing my signature, showing that I have a legally binding contractual obligation to pay you. A computer print out of the alleged accounts is NOT proper verification or validation of any alleged debt. Be aware that I am making a final goodwill attempt to have you clear up this matter. The listed item is entirely inaccurate and incomplete, and represents a very serious violation of the FCRA. I am maintaining a careful record of my communications with you for the purpose of filing a complaint with the FTC and the state of Texas Attorney General's office, should you continue in your non-compliance. Please also be aware that any negative mark found on my credit reports from your company or any company that you represent for a debt that I don't owe is a violation of the Fair Credit Reporting Act; therefore if you cannot validate the debt, you must request that all credit reporting agencies delete the entry. Failure to respond within 30 days of receipt of this certified letter will result in legal action against your company. I will be seeking a minimum of $5,000 in damages for: #1 Defamation #2 Negligent Enablement of Identity Fraud #3 Violation of the Fair Credit Reporting Act Kind regards, (insert your name) Cc: (Insert any lawyer's name here even if you don't have a lawyer), Esquire
Re: Re: Re: Re: Re: please please please pl Ah yes, to sue or not to sue, that is the question. Just drop the #2 above. No sense in even mentioning ID Fraud these days. Don't need it anyway.
Re: Re: Re: Re: Re: please please please pl OK my turn...Date Your Name Name and Address of original collector Re: Acct # 000-000-000-000 To whom this may concern, This letter is regarding account # 000-000-000-000, which you claim I owe. Be advised that this letter is not a refusal to pay, but a notice that your claim is being disputed. First, I hereby demand that your company cease calling my parents' residence immediately. Furthermore, be advised that any further telephone communication with myself or my parents may be recorded as evidence to use in litigation. I have demanded proper validation for the two collection accounts you have listed on my credit reports. Your company has failed to provide validation within the thirty (30) day time frame pursuant to 15 U.S.C§623 (b)(2) of the Fair Credit Reporting Act (FCRA). I am formally demanding copies of any documents bearing my signature, showing that I have a legally binding contractual obligation to pay you. A computer print out of the alleged accounts is NOT proper verification or validation of any alleged debt as established by case law in the Federal Court case Spears v. Brennon. Be aware that I am making a final good faith attempt to have you clear up this matter. The item listed on my credit reports is inaccurate and incomplete, and represents very serious violations of the FDCPA and FCRA. In addition, I am maintaining careful records of all communications with your company for the purpose of filing a complaint with the FTC and the state of Texas Attorney General's office, should you continue in your non-compliance. Please also be aware that any negative mark found on my credit reports placed by your company or any company that you represent for a debt that I don't owe is a violation of the Fair Credit Reporting Act; therefore if you cannot validate the debt, you must request that all credit reporting agencies delete the entry. Failure to respond within 30 days of receipt of this certified letter will result in legal action against your company.I will be seeking a minimum of $5,000 in damages for: #1 Defamation of my character #2 Tortious interferance with present/future credit obligations. #3 Statutory damages as provided for Violation of the Fair Credit Reporting Act #4 Statutory damages as provided for Violation(s) of the Fair Debt Collection Practices Act. #5 Such actual and punitive damages as the court deems just and proper. #6 Relief as provided for any Violation(s) of any applicable state statutes. Kind regards, (insert your name) Cc: (Insert any lawyer's name here even if you don't have a lawyer), Esquire
Re: Re: Re: Re: Re: please please please pl thank you very much for the input, you guys are ball twisters... i don't think that the fdcpa requires that debt collectors respond within 30 days to validation (it's just a nice number we give them) i think that is more geared to an allowance of how long it takes before we can claim violations for lack of validation... so essentially they don't have to respond at all or within 30 days if they remove the listing from the credit reports and discontinue collection...does that sound right? oh and i have to have their permission to record a conversation (michigan)... otherwise, i have some great stuff to work with... i just keep getting nervous with the litigation centered attitude because what if they send full validation and then file a motion to sue me all at once demanding full payment??? i hate this nonesense, i wish for it to be done!!! thanks again for the help.
Re: Re: Re: Re: Re: Re: please please please pl okay i am confused.. i thought that the fcra governed the cra's not the debt collectors...or at least governs how the cra's deal with information furnishers... so to speak... but anyway... i just looked at 623 and there is no mention of 30 days for debt collectors...only 30 days disputes via cra's § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a) Duty of furnishers of information to provide accurate information. (1) Prohibition. (A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. (B) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if (i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and (ii) the information is, in fact, inaccurate. (C) No address requirement. A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph (B) shall not be subject to subparagraph (A); however, nothing in subparagraph (B) shall require a person to specify such an address. (2) Duty to correct and update information. A person who (A) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person's transactions or experiences with any consumer; and (B) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate. (3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. (4) Duty to provide notice of closed accounts. A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed. (5) Duty to provide notice of delinquency of accounts. A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action. (b) Duties of furnishers of information upon notice of dispute. (1) In general. After receiving notice pursuant to section 611(a)(2) [§ 1681i] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall (A) conduct an investigation with respect to the disputed information; (B) review all relevant information provided by the consumer reporting agency pursuant to section 611(a)(2) [§ 1681i]; (C) report the results of the investigation to the consumer reporting agency; and (D) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis. (2) Deadline. A person shall complete all investigations, reviews, and reports required under paragraph (1) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 611(a)(1) [§ 1681i] within which the consumer reporting agency is required to complete actions required by that section regarding that information. (c) Limitation on liability. Sections 616 and 617 [§§ 1681n and 1681o] do not apply to any failure to comply with subsection (a), except as provided in section 621(c)(1)(B) [§ 1681s]. (d) Limitation on enforcement. Subsection (a) shall be enforced exclusively under section 621 [§ 1681s] by the Federal agencies and officials and the State officials identified in that section.
