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Discussion in 'Credit Talk' started by bgolden, Mar 20, 2001.
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Send a second validation letter. Here is a copy of the one that I wrote a collection agency after my fist letter went ignored for 120 days!!!! That's my fault because I didn't stay on top of the time frame that I gave them.
Bay Area Credit Service
Attn: Jan Jennings, Consumer Assistance & Verification
2185 The Alameda, Suite 1
San Jose, CA 95126
Date: February 20, 2001
Account Numbers: xxxxxx, xxxxxx, xxxxxx
As I have not heard back from you in over 120 days since my notice of dispute dated 10/19/00, and since 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 the 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: As I have no account with you, nor am I your customer, nor have I ever entered a contract with you, I must ask you to provide the following information:
1. Please evidence your authorization under 15USC 1692(e) and 15USC 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 this state.
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 your claims in this matter, and will entitle me to presume that you sent your letter in error, and that this matter is permanently closed. Your continued silence is unacceptable. Either provide the proof, or correct the record to show this debt is void.
For the purposes of 15US 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 or status.
Thank you for your immediate attention to this matter.
Enclosure (1): Copy of previous letter
Re: somebody help me out here!
Author: lizardking (---.tampabay.rr.com)
Date: 03-21-01 04:48
That is a good letter. They really do have to respond under the Fair Debt Collection Practices Act, otherwise they have waived their claims. That Act requires that they validate before pursuing any actions against you.
Reply To Message= = That Act requires that they validate before pursuing any actions against you.
Why aren't they required to send the validation along with the collection letter?
If they don't have the validation at that time then they have no business sending you a collection letter!!!!!!!!
The way it's being done now is NOTHING MORE Than Consumer HARASSMENT ! ! !
IT IS ALSO A DECEPTIVE PRACTICE !
That is a good letter. They really do have to respond under the Fair Debt Collection Practices Act, otherwise they have waived their claims. That Act requires that they validate before pursuing any actions against you.==============
REPLY______________I just got a collection letter from a Collecetion Agent,but there wasn't any validation with it:
Hasn't this C.A. just violated the FDCPA?
They failed to validate before trying to collect from me!