Question Please

learby · Jul 29, 2004

Re: Re: Re: Re: Re: Question Please

Originally posted by lbrown59

Here is the Validation Letter you want to send by CRRR.
Don't make any changes on it and don't hand sign it.

Your Name
Address
City State Zip

Company
Address
City State Zip

Date

RE: Account #_________/Original Creditorâ??s Name

Dear Sir/Madame:

Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form.

Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you.

You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me.

Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.

Sincerely,

Your Name don't sign

- - - Include the following on a separate sheet of paper - - -

CREDITOR DISCLOSURE STATEMENT

Name and Address of Collector (assignee): _________________________

Name and Address of Debtor: ____________________________________

Account Number(s): ____________________________________________

What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms.

Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO

Has the purported balanced of this account been used in any tax deduction claim? YES/NO

Please list the particular products or services sold by the collector to the debtor and the dollar amount of each:

Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action.

________________________________
Authorized signature for Collector

Date_______/_______/_______

Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts.
^^^^^^^^^^^^^^^^^^^^^^^^^^^
Click to expand...

1)
This letter says nothing about the original contract I had with the OC, shouldn't I request all records I/E original signed contract, all transactions since the beginning of the account and such ? or is that not the thing to do with a CA ?

2)
Just to make sure I don't screw the pooch--

These accounts are still within the SOL- should I also dispute with the CRA's just after sending this letter or should I just wait for validation or 30 days and go from there. I know if the CA does not respond within 30 days I should send the second letter, but not sure what I should do ref the CRA's. Do you send the letter to CRA's hoping that the CA will try to validate with them before they validate with me so I have a violation on them ?

Still learning- almost ready to start LOL

Learby

Shanyl · Jul 30, 2004

Originally posted by learby
1)
This letter says nothing about the original contract I had with the OC, shouldn't I request all records I/E original signed contract, all transactions since the beginning of the account and such ? or is that not the thing to do with a CA ?
Click to expand...

This would be like writing to them and saying HEY! I spoke with a creditor that I know nothing about and don't owe......

To "validate" they - the CA that you are contacting - must obtain the documentation for the originating source (OC).

These accounts are still within the SOL- should I also dispute with the CRA's just after sending this letter or should I just wait for validation or 30 days and go from there. I know if the CA does not respond within 30 days I should send the second letter, but not sure what I should do ref the CRA's. Do you send the letter to CRA's hoping that the CA will try to validate with them before they validate with me so I have a violation on them ?
Click to expand...

What if the CA doesn't validate? They don't have to. They can't continue to collect until they validate, but if they just drop it?

Finding what works for you the best and using that is what you need to do. However, there is a typical "game play" here and this is how it works.

You send your DV to the CA via CRRR. Once it is received - that is - dropped in their hot little hands (you don't have to wait for the greencard to come back.... track it on USPS), then you send your dispute letters to the CRA.

The CA can't verify with them UNTIL they validate with you. No validation, CRA deletes item.

learby · Jul 30, 2004

thank you for the info- battle plane is now implemented

Learby

Log in / Register

Forums

Question Please

learby Active Member

Shanyl Well-Known Member

learby Active Member

Share This Page

Log in / Register

Useful Searches

Question Please

learby Active Member

Shanyl Well-Known Member

learby Active Member

Share This Page