After reading the many samples of validation letters available, I have this one nagging question: What is the significance of the phrase, "this is not a refusal to pay....."? Just curious as to the purpose of that little disclaimer.
I just see it as a way of putting the CA at ease a little bit. It may have some legal significance though.
Hi Julesh, Good question. You don't want your adversary to believe you are refusing to pay a legitimate debt. So it's a good idea to just say so to make sure it's not misunderstood. If they think you are refusing they might invoke a "special" remedy and stop all communication with you. You don't want that. That's why we don't use full Cease & Desist around here. It cuts off all communications with you and leaves them with ONLY the 3 options below. Partial C&D is better, letting them know you want no phone calls but that mail is ok. § 805. Communication in connection with debt collection [15 USC 1692c] (c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- (1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
