validation letter

Discussion in 'Credit Talk' started by mommyauri, Sep 18, 2004.

  1. mommyauri

    mommyauri Member

    Hello,

    A collection agency that refused my payment in February, and has since been nearly nonexistent in my life has resumed attempts to collect. This was after taking someone's advice to get a status of the account (thanks).

    Now I want to send them a validation letter. Truth be told I can pay them in full now, but since they've screwed with my credit already, I'd like to screw with them.

    1- What would an appropriate validation letter be? The ones I've been seeing threaten legal action and that is illegal, if I understand correctly, if I don't actually intend or cannot do so. I don't have a lawyer, so shouldn't i remove references of one?

    2- Is a validation letter trully a legal obligation? Basically, do they shoot themselves in the foot if the fail to comply?

    3- It is my impression that they've been unlawfully trying to collect interest. By the Nevada Statutes it sounds as though it has to be disclosed in a letter or in an agreement I've signed- and to my knowledge it's neither. Should I/ can I write a letter to the commissioner for questionable practices?

    Thank you

    Trish
     
  2. fun4u2

    fun4u2 Well-Known Member

    from what I know a CA can not refuse your payment if they do they loose their rights to collect it in the future.

    first dispute the TL with the CRA hopefully it will get deleted if not post back and I think you can write a C&D letter and get it deleted based on the fact they refused your payment.

    also as far as threatening to sue or taking legal action being illegal you are referring to a CA using those methods and not yourself.

    hope this helps :)

    you can ask an attorney in your state a legal question at lawguru.com
     
  3. mommyauri

    mommyauri Member

    Hello all,

    I still need a good validation letter to use. Does someone have one?

    Trish
     
  4. jam237

    jam237 Well-Known Member

    Don't dispute before sending the validation, especially with EX.

    You may only get one shot with EX, so don't waste it.

    The shortest and simplest. I posted this in a few recent threads.

    http://consumers.creditnet.com/stra...4822#post434822

    This is the simplest (and still complete) validation letter you can get. It disputes both of the issues that the FTC says make up the purpose of validation, and doesn't request anything which is extraneous which isn't proper for validation, as some of the sample letters do.

    From the post I pointed to in that thread, also by me.

    I would simply reply back saying "I received on xx/xx/xxxx, something from your company, but I have don't know what this is in regards to. I would appreciate it if you could provide me with something that shows that the matter in which you are referring to is mine, and that the amount which you are claiming is accurate."

    You want to make it your own, but notice that it disputes both that the account is yours (signed application), and that the amount is accurate (contract, complete payment history, all invoices, etc.)
     

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