I just rec. a letter from a collection attorney on a credit card that was charged off in Aug. 2005 and in July 2011 this account was removed from my credit report. The attorney states he has been retained by the original creditor to collect the debt amount plus interest. I'm sending him my validation letter today, is there anything else I need to do so this won't show up again on my credit report?
Here is the validation letter and form I'm sending, how does it sound? Should I change anything? To Whom It May Concern: This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete the attached form and follow its instructions. This is not a refusal to pay but a request for validation. In case you are unclear as to what constitutes validation I have enclosed a FTC opinion letter, this will save you the time of mailing me a computer generated printout. Please be advised that I am not requesting “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, specifically the alleged contract or other instrument bearing my signature. Under the FDCPA, once a consumer attempts validation of an alleged debt, all collection activity must cease and desist. This includes listing any account with a credit reporting repository that is inaccurate and invalidated. If you do not respond to this validation request within 30 days from the date of this request, all references to this account must be completely removed from my credit file. I would also like to request, in writing, that your office make no telephone contact to my home or to my place of employment. If your office attempts telephone communication with me it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted at the top of this letter. Regards, CREDITOR/DEBT COLLECTOR DISCLOSURE STATEMENT Name and Address of Creditor: ____________________________________________________ Name of Debtor: _______________________________________________________________ Account #: ___________________________________________________________________ Address of Debtor: _____________________________________________________________ Amount of debt purported to be owed: ______________________________________________ Date alleged debt became payable: ________________________________________________ Was this debt assigned to debt collector or purchased? ________________________________ Amount paid if debt was purchased: ________________________________________________ Commission for debt collector if collection efforts are successful: _________________________ • Please attach a copy of the agreement with your client that grants you the authority to collect this alleged debt. • Please attach a copy of any signed agreement debtor has made with debt collector, or other verifiable proof that debtor has a contractual obligation to pay debt collector. • Please attach a copy of any agreement that bears the signature of debtor, wherein he/she agreed to pay creditor. • Please attach copies of all statements while this account was open. Have any insurance claims been made by any creditor regarding this account? YES NO Have any judgments been obtained by any creditor regarding this account? YES NO Please provide the name and address of the bonding agent for ( collection agency), in case legal action becomes necessary: __________________________________________________ ___________________________ ________________________ Authorized Signature For Creditor Date Please return this completed form and attach all requested information, assignment or other transfer agreements, which would establish your right to collect this alleged debt within 30 days from the date of this letter. Your claim cannot be considered if any portion of this form is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by law, your claim will not be considered and you may be liable for damages for continued collection efforts. Please allow 30 days for processing after I receive this information back.
The form letter requests a lot of information that is extraneous. It's best to keep it simple. Validation serves two purposes, identifying the identity of the debtor, and the anount of the debt; including interest or fees, allowed by law or contract. By providing validation, the CA proves that they have a relationship with the creditor, because the creditor wouldn't provide them the documentation if they didn't. If what you are asking for goes to one of the purposes of validation you'll be fine.
