Should I send this letter?

Discussion in 'Credit Talk' started by Shirley, Apr 4, 2001.

  1. Shirley

    Shirley Well-Known Member

    Okay, so I'm going to use Lizardking's letter that was posted in another thread and mail it to the collection agency that just contacted me.

    I'm just so nervous about this. I'm sorry if I seem like I need a little hand holding here but I kind of do at least now, in the very beginning of this.

    Here is the letter that Lizardking posted, should I send this off tomrrow Certified/RR? Thanks all.

    Re: Lizardking
    Author: lizardking (
    Date: 04-02-01 12:12


    Name and Address
    of collection agency

    Re: Acct # 000-000-000-000

    To Whom It May Concern:

    This letter is being sent to you in response to your attached letter. 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.

    You should also be aware that sending an unsubstantiated demand for payment though 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.

    Please also be aware that if any negative mark is found on my credit reports from your company or any company that you represent, this will result in my filing an immediate lawsuit against you and your client for 1) Violation of the Fair Credit Reporting Act, 2) Violation of the Fair Debt Collection Practices Act, 3) Defamation of Character, 4) Negligent Enablement of Identity Fraud.

    Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports.

    I suggest you and <insert name of original creditor> get your records in order before I have to target you for legal action.

    Best regards,

    <insert your name>

    Cc: <insert name of lawyer>, Esquire

    (note: just make up a name for the lawyer, just let them think you did it for good effect)

    Page 2


    Name & Address of Creditor: _______________________________________________

    Name of Debtor: ____________________Acct #: _______________________________

    Address of Debtor: ________________________________________________________

    Amount of Debt purported to be owed: _________ Date it became payable: ___________

    Was this debt assigned to the collection agency or purchased? ______________________

    Amount paid if purchased: __________

    Commission for the collection agency if successful with assigned debt: _________

    Please attach a copy of the agreement with your client that grants you the authority to collect on this alleged debt.

    Please attach a copy of any agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the 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

    Have any negative trade lines been reported to any credit reporting agencies regarding this alleged debt? If so, please name the credit reporting agencies. _______________________________________________________________________

    Please provide the name and address of the bonding agent for the collection company <insert name of collection agency> in case legal action becomes necessary. _______________________________________________________________________

    ____________________________________ ________________
    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.
  2. NanaC

    NanaC Well-Known Member


    I asked in the other thread..but is this Zwicker & Associates? Just curious...
  3. Shirley

    Shirley Well-Known Member

    To ~C~

    No, the letter says: This is to notify you that your account that was previously owned by Performance Capital Management has been purchased by Capital Acquisition and Management Company.

    I thought maybe Capital was just sending out this letter to everyone in their newly acquired database just to see if any fish were biting.
  4. NanaC

    NanaC Well-Known Member

    Re: To ~C~

    Ok, cuz I got one that was so similar..mine says the same but with different companies..though I assume these letters are pretty standard....said all of that but the letterhead said Zwicker & Assoc. I'll be using the same letter and mailing mine next week. We can compare and see how we do. :)
    Please keep me informed! Good luck!

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