to: Lizardking re validation

Discussion in 'Credit Talk' started by Ender, Apr 21, 2001.

  1. Ender

    Ender Well-Known Member

    Hey Lizardking,

    I sent out a bunch of validation letters to both creditors and collection agencies about a week ago. Today, I received a response from the original creditor that returned the original validation letters I mailed to them and told me to contact XXXXX Collection Agency because they sold the debt to them. They also stated the CRA's they report to (and they do appear on all 3 reports), my name, address, account number, etc.

    What should I do at this point? Do I mail them the 60 day validation letter or demand they haven't validated that this debt was ever valid in the first place? Thanks..
  2. Ender

    Ender Well-Known Member

    Re: to: Lizardking re validati

    As for your first question - the collection agency XXXX is on my CR as well. They also sold it to NCO, and now NCO is also on my report for that as well.. I believe NCO is on my TU 5 times, 4 times on Experian, and a few times on my Equifax.

    The way the original creditor informed me of selling the account was on a yellow post-it stating the account was sold to XXXX company.

    I don't know if stating that a collection agency does or doesn't have this information would be safe.. so I left that part completely out. I didn't want to state that a collection agency wouldn't have that information, because in this sense.. no one should have that information if I am disputing this as completely a mistake anyway.

    How is this letter for doing the 2nd round of validation with the original creditor? I also plan on attaching the 2nd page, the form as well.. what do you think?


    city st zip

    Re: Acct # 0000 0000 0000 0000

    To Whom It May Concern:

    I have received an incomplete response 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.

    Please be advised that I did not not request a "verification" that you have my mailing address and account information, I requested a "validation"; that is, competent evidence that I ever had any contractual obligation to pay you.

    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.

    Witness My Hand and Seal this 13th day of February 2001.
  3. Bill Bauer

    Bill Bauer Guest

    A question

    If the orignal creditor sold your debt to a 3rd party, they no longer have any interest in the debt, now do they?

    If they hold no interest in the debt, do not own it, then how is it that they have a legal right to report to credit bureau?

    If that's the case, I bet I can report to the credit bureau that all of you owe me $xxx.yy and get all your credit shafted. Make sense to you? Well, don't make much sesnse to me either.

    Bill Bauer
  4. Ender

    Ender Well-Known Member

    Re: A question

    The letter that they sent to me instructed the credit bureau to state:

    Charged Off Account was Sold to Another Institution, Amount Owed = $0.

    They included a copy of this, which is what they sent to the CR. I am pretty sure this will then be a duplicate listing, although the amounts are I am not sure how this would work.
  5. Bill Bauer

    Bill Bauer Guest

    Don't like that!

    Well, I don't much want that kind of report on me, and I doubt you like it all that much either.

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