I have taken a look at a some of the validation letters both at this site and others. It seemed to me that by combing the best elements of each, we might get a slightly better result. So here is what I came up with. I would appreciate any insghts into this. Thanks, Ron Jerks R'Us Collections Peach tree St. Norcross, GA 30092 December 20, 2002 RE: Account #123456789 Dear Sir/Madame: This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form. Be advised that I am not requesting a "verification" that you have my name and/or mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you. Please be aware that the courts and the FTC have determined that simply providing a printout is not validation. 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 reputation. In addition the courts and the FTC have held that reporting to a credit bureau is considered a collection effort and that all collection efforts are to cease completely until the debt is competently validated. 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. 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, Idont Owe You (Like the name) Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt including documentation that you are licensed to collect a debt in the state of South Carolina. Also attach a certified copy of the agreement that bears the signature of the alleged debtor wherein he agreed to pay the creditor. 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. CREDITOR DISCLOSURE STATEMENT Name of Original Creditor: _______________________________________________ Name and Address of Debtor: _______________________________________________ _______________________________________________ _______________________________________________ Account Number(s): _______________________________________________ Balance of Account: _______________________________________________ Date you acquired this debt: _______________________________________________ This Debt was: assigned purchased Please indicate any credit bureaus to which you have reported negative marks: Experian ______ Equifax ______ Trans Union ______ Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO Has the purported balanced of this account been used in any tax deduction claim? YES/NO Please list the particular products or services sold by the creditor to the debtor and the dollar amount of each: ________________________________ Authorized signature for Collector __/__/__ Date
uhhh, you forgot the part about how you will need there fingerprint to identify them in case of idenity fraud,,, if its good for the gooose.....
Pretty much standard letter Ron. Thanks for posting. We've gone through all the letter morphs there are at one time or another. By all means, adjust your letters to suit your situation.
I'm to the point now that my standard validation letter is only 1 page long, with most of the legal threats or mumbo jumbo left out intentionally. I feel it is not my job to educate them on the law and quite frankly I want them to violate it BIG TIME!! You also must understand that most states have their own laws regarding debt collection. For instance in my state of PA an OC and CA must validate a debt. In my case my state's laws are better then Federal, so I will usually always catch them on either my state law or federal. I then just go ahead and sue them, this totally gets them off guard because in my previous letters I never mentioned anything about laws...Now they all of a sudden see this suit or letter with me stating their exact violations of state and federal law. If they settle thats fine if not I go forward and sue them! In the end I always get what I wanted to begin with. Tac BTW, letter sounds good!
tac14033, I like your plan of attack - its simple but very effective. I think it's an awsome idea to just leave out most of the legal "education" from your letters and then just surprise them with a lawsuit later - they will never know what hit them...lol -Sal