Hello all.....still a newbie here. OKAY....I am going to send a validation letter to a law firm which specializes in collection accounts. ANYWAY...i got this validation letter off of creditinfocenter...but i don't feel it really speaks of my situation. Now if you remember from my previous post cap 1 sent my CO account to a law firm/collector. I was served papers, but never went to court because i set up a payment plan over the phone...BUT GA SOL says in order to start the SOL over it has to be in writing (the new agreement) (I think). WHYCHAT please correct me if i am wrong! SO basically i am wanting all documents from the opening of my account with cap 1 back in 2000 to being charged off to all payment histories i have with this company i am dealing with now. PLEASE NOTE THAT I GOT THIS LETTER OFF CREDITINFOCENTER AND I AM NOT SAYING I AM A VICTIM OF IDENTITY FRAUD. I JUST WANT TO MAYBE MODIFY IT TO MY SITUATION OR FIND A BETTER VALIDATION LETTER. THANKS. Your Name 123 Your Street Address Your City, ST 01234 ABC Collections 123 NotOnYourLife Ave Chicago, IL Date: Re: Acct # XXXX-XXXX-XXXX-XXXX To Whom It May Concern: I have been the victim of identity fraud, and I believe this debt is one of the debts which resulted from my identity theft and was falsely taken out in my name. This letter is being sent to you in response to your attached letter. This is not a refusal to pay, but a notice that your claim is disputed. Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt. Below are a few questions to answer which may help you to resolve these mistakes. You should also be aware that reporting such invalidated information to major credit bureaus might constitute defamation of character, as the negative marks on my credit report harm my credit and prevent me from enjoying all the benefits of good credit. I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. In addition to the questionnaire below, please attach copies of: Agreement with your client that grants you the authority to collect on this alleged debt Agreement that bears the signature of the alleged debtor wherein he agreed to pay the creditor. Any insurance claims been made by any creditor regarding this account Any judgments been obtained by any creditor regarding this account Best regards, Your Signature Your Name Debt Validation Form Questionnaire to be returned to me for Account #<insert account number here> Original Creditor's Name: ____________________________ Name of Debtor: ______________________________________ Address of Debtor: ___________________________________ Balance of Account: __________________________________ Date you acquired this debt: _________________________ This Debt was: assigned __________ purchased__________ Please indicated any credit bureaus to which you have reported negative marks: Experian ______ Equifax ______ TransUnion ______ I surfed the database on CB and found this letter also...which i think is better: Your Name Date Re: Account # 123456787 Dear CA, I dispute your claims in their entirety and request validation pursuant to the FDCPA. Sincerely, With all that being said i would like your input please....i want to make sure everything is correct. AND PLEASE FEEL FREE TO CORRECT ME ON ANYTHING...I AM STILL LEARNING!
I forgot to add these: Points to remember about my situation: 1. I was served, but never went to court 2. They (the law firm) sent out a new agreement for me to sign for the payment plan but i NEVER signed it...still sitting in my apt somewhere. 3. I am making payments every month now 4. The card account was opened in GA and charged off in GA Questions I need help on: 1. Since i never ever sent out a validation to them before and it is past the thirty days and they assume it is my debt, do they have to cease collection until they validate? 2. Can they use the payments i have made against me even though i haven't signed anything? 3. Can they sue during the validation period? I think "no" but i want to make sure (a newbie thing) 4. When i send out the validation letter, do i include just the number they gave me or the original cap 1 account number? 5. Once i get the green card back, do i dispute with the CRA? Even for a law firm? (i already have dispute with EQ on something else which isn't due until 11/21. AND the other two have yet to send me a new report that shows all addresses have been removed. Thanks you guys....i will send it on Tuesday...because i want to check out the messages that will be posted from now until Monday. I'm still reading everything on the boards...so please be patient with me if i ask a question that seems clear from the start...i just want everything to be right.
