I sent a validation letter to a ca, and received the following letter from the original creditor in response: Form letter Dear (name written in by hand), This is an attempt to collect a debt. If you have pulled the latest listing of your Credit Bureau, you will notice that you have a debt with xxx Aerobic Center in the amount of $ (left blank) Are you having problems getting credit for a car/lease/mortgage loan/or credit card? I am sending this notice to you in order to obtain the amount that is due on your account and to also help you in errasing (their spelling) this amount on your Credit report as a charged off account. I am offering you a settlement amount of 50% of the unpaid balance which would be $ (left blank) Paying this amount would pay your account off in full. You would also receive a letter from me stating that the account is paid off and is in good status with XXX Aerobic Center. This would help you reestablish your credit in future purchases which you would need to obtain. If you have an questions about this offer, contact me today. This offer will expire on February 15, 2002. I hope you will consider this option and starting out the New Year by rectifying your credit balance by taking advantage of this one time offer. xxxx Collector/Account Manager Aside from hiring someone to help this poor woman compose a proper letter, what should I do? I sent the letter to the ca, I did not contact the original creditor. They left the amounts blank, 50% of what they listed on this letter is 0 by my calculations.... Please advise me on how to proceed - Thank you!
Sounds like they sent you a form letter, and just had to fill in your name and the amount you owed, and they couldn't even get that right. From what I've read, and anyone correct me if I'm wrong, you sent a validation ltr to the CA, they did NOT validate, which is a violation of the FDCPA. The next step I believe would be sending an estoppel letter, if only the original creditor responds again, you have a case. Send everything (copies of ltr's, certified rr green cards,) to the CRA, and they should delete. And I think "You would also receive a letter from me stating that the account is paid off and is in good status " might be a trick, especially since this is a form letter[why would a CA be so eager to delete this from your report?]. I don't know if you could use this letter they sent you as proof for the CRA's if they back out on their promise.
Right! They attempted to collect without validating. Also, they would list a paid collection/paid chargeoff, which is just as damaging. A letter stating it was paid would not do you any good.
What they said!!! Send the estoppel to the ca. You may want to add a little line that by them having the original creditor contact you prior to validating, they have violated the FDCPA and if they continue this nonsense, the next letter from you will be in the form of a summons.
The letter came from the creditor, not the ca, so is this still true? They ca never contacted me prior to placing this on my credit report. Do I mention this in the letter?
Will this letter work? Collection Agency address city st zip Re: Acct # 0000 0000 0000 0000 To Whom It May Concern: As I have not heard back from you in over 30 days, regarding my demand for proof, since my request for validation dated December 5, 2001 and you have not supplied the demanded proof of the alleged debt, under the doctrine of estoppel by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. The response I received from the creditor in lieu of your validation of this debt is in violation of the FDCPA. If this continues, the next letter you receive from me will be a court summons. In a good faith effort to resolve this matter amicably, I restate my demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine. For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information: 1) Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter. 2) What is your authorization of law for your collection of information? 3) What is your authorization of law for your collection of this alleged debt? 4) Please evidence your authorization to do business or operate in the state of Florida. 5) Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. You have 15 days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that this matter is permanently closed. Your continued silence is unacceptable. Either provide the proof or correct the record to remove the invalid debt from my credit files with the three primary credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act. Failure to respond within 15 days of receipt of this registered letter (with return receipt) will begin my small claims action against your company. I will be seeking $5,000 in damages for the following: 1) Defamation 2) Negligent Enablement of Identity Fraud 3) Violation of the Fair Credit Reporting Act After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriff?s office in your county and I will begin the process of attaching property or funds to satisfy the judgment. For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status. Witness My Hand and Seal this 13th day of January 2001
OIC! The CA sent it back to the original creditor, and they offered to settle for 50%. Use the "pay for deletion" letter. If you have the money, that is. Usually to get them to do this, you have to pay a lump sum, not just agree to make payments. If the letter hasn't been added yet it's here: http://briefcase.yahoo.com/serenitybreeze in the "credit letters" file. It will have to be modified for your situation.
If a CA contacts you before the 30 days are up do you still have to wait the rest of the 30 days before taking the nest step?
What about the ca who put the listing on my credit report and did not answer my validation letter? My #1 priority is to get this off my credit report. If I pay the creditor, I don't trust that they will do this. They did not offer to, either. So what is the best way to get it off my cr? Thanks
I say send your letter to the CA. Add in #4 FDCPA Sections 805(c), 809(a), and 809(b). Also that you will ask for such punitive damages as the court may deem fit for their willful violations of these statutes. I wonder if anybody has any thoughts re agency law. Should she also reference the original creditor in the threat to sue? Should she send a Validation Letter to the Original Creditor also? Should she also sue (or at least threaten to sue) the original creditor? I'm out of my depth when we go in that direction, but I'd love to hear what others have to say. BTW, to see the sections I referenced, see http://www.ftc.gov/os/statutes/fdcpajump.htm Good Luck! Tom
Why do you think the collection form letter from the CA is a RESPONSE to a request for validation letter sent by you to the CRA? It is probably just an attempt to collect, as it states, that happens to have coincidental timing. Wait the thirty days allowed for the CRA to respond to your letter, and if they don't send them another more agressive letter. Oops never mind I just reread the original post and realize my misunderstanding. xtn
Thanks for all the responses. I am still not sure what to do though. I am thinking of the following plan and would appreciate comments: Wait days and send an estoppel letter to the ca who did not respond to my validation letter. Wait thirty days for their response, if they do not respond, send copies of the letters to the cra and ask to have it removed from my report, since they are the ones who put it there. What to do with the creditor: Not sure - Do I respond to their letter? Or just ignore it? They did not list any amount on the letter. The person who sent the letter is not real swift. I have attempted to pay this in the past, at my request, not theirs, and she could not give me a correct accounting. I am wondering if the creditor gave the ca the right to collect, but did not sell them the debt. I only found out recently that this sometimes happens. How would that affect my response to the creditor? I would appreciate any advice , Please Thanks again to all for helping me with this.
