Sample Letters I Have. Any Others?

Discussion in 'Credit Talk' started by Erica, May 18, 2001.

  1. Erica

    Erica Well-Known Member

    Procedure Request

    Your Name
    123 Your Street Address
    Your City, ST 01234

    Big Credit Bureau
    Their Street Address
    Some City, ST 56789

    6/21/1999

    Dear Credit Bureau,

    This letter is a formal request for the description of the procedures used to determine the accuracy and completeness of the disputed information, including the business name, address, and telephone number of any furnisher of information contacted in connection with this reinvestigation.

    I am disappointed that you have failed to maintain reasonable procedures to assure complete accuracy in the information you publish, and insist you comply with the law by providing the requested information within the 15 days allowed.

    For your benefit, and as a gesture of my goodwill, I will restate the relevant dispute:

    CREDITOR AGENCY, acct. 123-34567-ABC

    As already stated, the listed item is inaccurate and incomplete, and is a very serious error in reporting. Please supply a corrected credit profile to all creditors who have received a copy within the last 6 months, or the last 2 years for employment purposes.

    Additionally, please provide the name, address, and telephone number of each credit grantor or other subscriber.

    Sincerely,

    your signature

    Your Name
    SSN# 123-45-6789

    Cease Communication

    YOUR NAME
    YOUR ADDRESS
    CITY, STATE, ZIP

    VIA CERTIFIED MAIL#

    Date

    XYZ Collection Agency
    A Debt Collection Agency
    Any street or P.O. Box
    Somewhere, USA 75221

    RE: Account # _____________/Original Creditorâ??s Name/Amount
    Claimed Owed $00.

    Dear Debt Collection Agency:

    This will serve as your legal notice under federal law, â??The Fair
    Debt Collection Practices Act,â? to cease all communication with me
    in reference to the above account.
    If you fail to heed this notice, I will file a formal complaint
    against you with the Federal Trade Commission who is responsible
    for enforcement, the state Attorney Generalâ??s Office, and the
    American Collectorâ??s Association who monitors for noncompliance.
    I/We have decided that we do not desire to work with a collec-
    tion agency under any circumstances. I/We will contact the original
    creditor to resolve this matter directly.
    You are also notified that if any adverse items are placed
    against my/our credit reports as a result of this notice that I will be
    forced to take appropriate action against you, and the client that
    you represent.
    Give this matter the attention it deserves as the consequences
    could be severe.

    Yours truly,


    (Your Name)
     
  2. Erica

    Erica Well-Known Member

    Validation Letter 1

    [Subscriber]
    [Address]
    [City state ZIP]
    [Collector]
    [Address]
    [City State ZIP]
    [Phone number]
    [Date] Certified Mail No.: _____________
    Re inquiry dated ___: account no. (none)
    Greetings:
    Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is 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.
    Best regards,
    [Subscriber]


    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.
    X________________________________ _________________
    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.


    Validation Letter 2

    February 13, 2001

    name of collector

    Re: Acct # 0000 0000 0000 0000

    To Whom It May Concern:

    As I have not heard back from you in over 60 days, regarding my demand for proof, since my notice of dispute dated December 5, 2000 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.

    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 you sent your letter(s) in error, and 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 Sheriffâ??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.

    I affirm under penalty of perjury under the Laws of the Land for the United States of America, that the foregoing is true and correct, to the best of my knowledge and belief.

    <sign it>

    Another Validation Letter

    [subscriber]
    [address]
    [city state]

    [collector]
    [address]
    [city state]
    [phone number]
    [date] Certified Mail No.: _____________

    Re inquiry dated ___:
    account no. 0000 0000 0000 0000

    Greetings:
    Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is disputed.
    This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete the attached form and follow its instructions and your claim will be processed as soon as this information is received.
    Please 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.

    Best regards,
    [subscriber]

    (page 2)
    CREDITOR DISCLOSURE STATEMENT
    name of creditor:
    creditorâ??s address:
    name of debtor:
    account number:
    debtorâ??s address:
    amount of debt purported to be owed: $ _________
    date it became payable: __________
    Was this debt assigned or purchased from a previous creditor? yes / no
    Please state the amount of money paid for the assignment or purchase? $ ____________
    Please attach a facsimile of the terms of the assignment to this completed form.
    ____________________________________________________________________________
    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
    ________________________________ _____________
    authorized signature for creditor date

    Please return this completed form and attach all assignment or other transfer agreements which 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. Please allow thirty days for processing after receipt of your request.

    _________________________________________________________________________

    That is all I have. I thought with the recent inquiries about sample letters, I would start a thread on it.

    You must remember, that these letters are samples and they MAY not work for everyone. Please research how to use these letters before you act on it. Sending a letter you do not know how to use could easily backfire.

    Does anyone else have any sample letters to post?
     

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