Any of the vets seen this variation of the val letter? And if so, how successful has it been? It seems a little more "tame" than some of the others. I've made a couple of additions to the letter, adding a limited c&d..........opinions?????????????? (notice I'm waiting til the holidays to mail.......i just love this stuff!!!!!) Turner, Cohen & Thomas, L.L.P. Attorneys at Law 2880 Dresden Dr. Atlanta, GA 30341 December 23, 2003 NOTICE This notice is my response to your unsigned letter dated December 1, 2003 [copy enclosed]. As I have no account with you, nor am I your customer, nor have I ever entered a contract with you, nor have I ever even heard of you, I must ask you to provide 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 this state. 5. Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. You have 30 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 in error, and that this matter is permanently closed. 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 further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status. I do not wish to receive your telephonic communication at my home telephone number and my employer does not permit personal calls such as the ones your client has previously attempted. You are further instructed that I will communicate with your office only in writing at the address above and any attempts to communicate otherwise may result in suit against you and your client for any applicable FDCPA, FCRA, Texas Finance Code and any other remedies available. I affirm, under penalty of perjury under the Laws of the Land for these United States of America, that the foregoing is true and correct, to the best of my knowledge and belief. Cordially TallSmith
I've seen this statement a couple of places, I think even here in one of the sample letters. I think its kind of dumb IMHO. I've always written my own letters, I have seen alot of the verbiage in this one in other letters. I don't like the idea of threatening a lawsuit before you ever get started. My first letter is usually the unenlightened consumer letter. "I dispute this debt, please prove it" basically, and then my knowledge level appears to grow as necessary. In fact, my 1st validation letter is about 1/2 page long with signature space I can't see why it would hurt to use it, just sharing my opinion.
I tend to agree on writing your own validation... My validation letter has expanded as I have moved on, but I do set up in the validation that I have read the law, and the ftc's opinion of the law, from the start. I want to try to limit the amount of cat and mouse games that I need to get involved in from the start. I don't want to have to go through the couple headache cases that I am dealing with where the company thinks that a non-itemized fax is 'good enough' validation; or they think that they can wiggle out of the validation request just by shuffling the account to someone else.
Thanks y'all. I guess these bozos just ticked me off sending a letter on what appeared to be barrister letterhead and then I find out these idiots are just a front for a collection agency and stop at nothing to scare and intimidate you into submission. After sleeping on it I think I will play it cool and be your avg consumer who hasn't a clue and just say I don't have any idea what they're talking about but I know they must prove it. Also it is worth noting that the same date of the letter that was sent to me they placed a hard on my CR.........don't know if that's OK but I'm sure I can find the answer somewhere on CN.
Re: Re: Twist on Validation Letter OK I've cooled my jets a little and "dumbed it down" Hopefully they'll think I'm just guessing and then violate, violate, violate!!!! What do ya think jlynn, others?????? This is my response to your unsigned letter dated December 1, 2003 [copy enclosed]. As I have no account with you, nor am I your customer, nor have I ever entered a contract with you, nor have I ever even heard of you, I must ask you to provide the following information: 1. Do I really owe Bank any money? Or was it really a third party or subsidiary of, Bank? Where is the written contract showing you that I made a deal with Bank? Please provide all supporting documents. 2. How do I know that your firm is actually collecting for Bank? What legal documents does your firm have to prove that it is legally authorized to collect? Again I would like you to provide all written documents. 3. How much is the actual debt? Where is the accounting of the debt, including all interest and fees? Are these fees and interest amounts legit? What payments have been made on the account? I think you have to give me a complete record according to the law. 4. Please provide your explanation for your firmâ??s request of my credit report from Equifax. I only noticed this after pulling my report when I got your letter. I donâ??t think you should have done this and it might even be illegal. Basically I am asking you to validate this alleged debt. I am sure you will be happy to comply if in fact this is a legitimate matter; there are so many scam artists out there these days. Additionally, I expect you to have any of your firmâ??s notations permanently deleted in my credit bureau files immediately. You state in your letter that I may contact your office by phone on certain days and times, however I do not believe important matters such as this should be discussed over the phone and hence we will communicate only in writing at the address above. I do not wish to receive your telephonic communication at my home telephone number and my employer does not permit personal calls, so please do not try. Thank you in advance for honoring this request. Cordially, TallSmith
Re: Re: Twist on Validation Letter I like this new one much better. I would personally never put the affirmation statement on it, this could cause you problems in the future. And I agree with jlynn, don't show your hand too soon. The only thing I might change is where you mention the telephonic communications. When you say that you don't think important matters like this should be discussed by phone, you might want to just add that by doing everything in writing, both sides are clear on any agreements made. But that's just me, I think you're fine the way it is.
