I'd like any opinions or editing help anyone can offer with this letter. I borrowed a lot from this board and one other, and I tried to personalize it a bit...but maybe I didn't personalize it enough? I did contact these folks about 2 yrs ago, because I had found it on my CR when applying for a signature loan, but I didn't know anything about requesting validation, disputing, etc. at the time. I did not make any promises to them to pay at the time...just kept saying I don't know what it's for, since I had medical insurance at the time. Heck, I don't even know for sure that I retained medical services back then! It was charged off 9/97, and sent to collection on 8/98. The SOL for my state is 4 years. I'm okay, right? *sigh* I really don't want to pay this, since my mortgage co. wants me to pay these last three piddly accts before approval...I really don't think it belongs to me. I've disputed this with all three CRAs, and all come back "verified." That's why I'm now going the validation route. TIA, Future1966 ----------------------------------------------- Future1966 Address City, State, Zip The Collection Agency Address City, State, Zip May 10, 2002 RE: Account #XXXXXX/Original Creditor Company Dear Sir/Madame: I recently have been looking at my credit reports, and I noticed that this account is showing on all three of them. I am still not sure why it is, since I am not aware of who â??Original Creditor Companyâ? is, nor can I find any kind of address, phone number, or any other information about them. I am sure you understand that I do not want to pay for a debt which doesnâ??t belong to me. What if I sent your company a bill saying you owed me $1,000? Would you just pay it based on my say-so? This is not a refusal to pay, but a notice that your claim is being disputed. I am requesting validation according to my rights under the Fair Debt Collection Practices Act. Please complete and return the disclosure request form below, and I will examine the information that you send to me within thirty (30) days. You have thirty days to comply with this request. 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 signed contractual obligation to pay you. A computer printout of the alleged debt from your company is not sufficient evidence, according to the Wollman opinion letter on the FTC website at http://www.ftc.gov/os/statutes/fdcpa/letters/wollman.htm. You might also want to examine Spears v. Brennan located here: http://www.state.in.us/judiciary/opinions/archive/03260101.ewn.html. 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. Sincerely, Future1966 CREDITOR DISCLOSURE STATEMENT 1. Name and Address of Collector (assignee): _________________________ 2. Name and Address of Debtor: ____________________________________ 3. Account Number(s): ____________________________________________ 4. What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms. 5. Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO 6. Has the purported balanced of this account been used in any tax deduction claim? YES/NO 7. 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. ________________________________ 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.
Dear Future, Be on the lookout for them to attempt to extend the sos. There are several ways this could happen. Unfortunately I'm not well versed enough on sos to advise but I will say your on the right track. I am working on something that seems to have promise. See my post under "Astonishing CA Stupidity". Good Luck,
Sounds ok...a bit too personal for me though. I would dump the whole first paragraph as it is useless and actually says things you do not need or want to say like "I have no idea who the OC is, nor can I find their address...". Not that you "don't" but you do not need to state it. My feelings are say only what is necessary to state your validation expectations clearly and demand your legal rights. You are demanding the correct and proper items for validation so it should be fine. As far as the SOS goes Butch, I think you mean SOL (Statute of Limitations) and there is no way for them to legally extend that...it is a pre-established and pre-defined period and based on equally predefined and established dates. They can try but legally they can not. When disputing, don't fear things like that, stand up for your legal rights. -Peace, Dave
Hmmmm... I see your point upon re-reading it after a couple of days. I start out sounding like a screaming-meemie who doesn't know bupkis, and then the tone of the letter goes completely formal and quotes law at 'em. Okay. I was under the impression I was supposed to personalize these letters a bit, but maybe this was a bit much.
