Validation Letters

[trinity]

What type of letter should i send if I have asked a CA for validation and they sent me a computer printout. What type of letter should I send for my second validation letter. Also if they never responded, what type of letter should I send. I'm sorry, but I did searched the board to find a good letter. I have sent the 1st letter for validation and then disputed it with the collection agencies, but they verified with the CRA but still have not sent me anything. :x

[CramItCCCAs]

Send both of these letters:

 

 

 

 

Collector/Creditor Name Here

Address

City, State, Zip

Re: Account #(Your Account # Here)

Date:

To Whom It May Concern (Or Name On Most Recent Communication):

I have received your attempt of validation of the above mentioned account and have several issues to address with your “claim” that I owe this ALLEGED debt to your organization.

First, you have not, by any means, managed to prove to me that I owe this alleged to YOUR organization. You have not provided me with a signature that undoubtedly proves that I have some sort of contractual obligation to pay YOU (OR provided me with a complete statement of accounting as required by law to be considered full and complete validation).

Second, you have also not sufficiently proven to me that I owe this alleged debt to (Creditor Name Here) by providing me with a copy of a signature on a contract that I supposedly signed (OR provided me with a complete statement of accounting as required by law to be considered full and complete validation). You have merely supplied me with copies of alleged bills on the account in question (OR contract). This does not sufficiently prove that there is any legal, contractual obligation between myself, your agency or the creditor.

If you cannot provide me with a copy of MY signature on a contract with (Creditor Name Here), I submit to you that this debt is unverified and reporting it to ANY Credit Reporting Repository is a direct violation of the FDCPA. Continuing collection attempts on this account can and WILL be considered harassment under the FDCPA.

(Optional) Fourth, I do not appreciate the insulting tone that my validation request was answered in. I have a right to request ANY and ALL proof that I owe this alleged to your organization AND to the original creditor. Your answers were rude and insulting and I WILL be sure to report this negative response to the FTC and the BBB. This was completely uncalled for as I am acting within MY rights under the FDCPA and FCRA.

I DO NOT have any contractual obligation to pay YOU at this point as you have failed to provide ANY proof of that. A copy of an alleged bill is simply not enough satisfactory proof that I, personally, incurred this alleged debt.

I, again, request that your company PROVE to me, beyond a shadow of a doubt, that I incurred this alleged debt by providing to me a copy of my signature on some type of contract. I also request that your company IMMEDIATELY abide by the rules and regulations of the FDCPA and CEASE all collection attempts on this account, including, but not limited to, removing ANY listing on my credit file that may be damaging to my credit status and verifying this information with the credit bureau’s.

I have enclosed another copy of my validation request, as amended and set forth that you now have 15 days to respond before further action is taken on my part. Please note the changes made within the validation request itself and answer ALL questions accordingly, along with providing the information that I have requested.

Sincerely

Your Name Here

Address

Fax #

 

 

 

Name Of Debt Collector

Address

City, State & Zip

Date

Re: Account #123456789 (Enter Your Account # Here)

To Whom It May Concern:

This letter is being sent to you as a follow up on my previous validation request sent to your offices on (Date) and signed for by your offices on (Date). Your offices have not responded to my prior attempt at validation and are now in direct violation of the FDCPA and FCRA. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following:

· Violation of the Fair Credit Reporting Act

· Violation of the Fair Debt Collection Practices Act

· Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 15 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

(OPTIONAL CEASE & DESIST) I would also like to request, in writing, that no further telephone contact be made by your offices to my home or to my place of employment. If your offices continue to attempt telephone communication with me it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter.

It would be advisable that you and your client assure that your records are in order before I am forced to take legal action.

Best Regards

 

Your Name

 

 

CREDITOR/DEBT COLLECTOR DECLARATION

Please provide all of the following information and submit the appropriate forms and paperwork within 15 days from the date of your receipt of this request for validation.

Name and Address of Alleged Creditor:__________________________________________________________

Name on File of Alleged Debtor: _______________________________________________________________

Alleged Account #: _________________________________________________________________________

Address on File for Alleged Debtor: ____________________________________________________________

Amount of alleged debt: _____________________________________________________________________

Date that this alleged debt became payable: _____________________________________________________

Date of original charge off or delinquency:________________________________________________________

Was this debt assigned to debt collector or purchased? ____________________________________________

Amount paid if debt was purchased: ___________________________________________________________

Commission for debt collector if collection efforts are successful: ____________________________________

· Please attach a copy of the agreement with your client that grants (Collection Agency Name) the authority to collect this alleged debt.

· Please attach a copy of any signed agreement debtor has made with debt collector, or other verifiable proof that debtor has a contractual obligation to pay debt collector.

· Please attach a copy of any agreement that bears the signature of debtor, wherein he/she agreed to pay creditor.

· Please attach copies of all statements while this account was open.

Have any insurance claims been made by any creditor regarding this account? YES NO

Have any judgments been obtained by any creditor regarding this account? YES NO

Please provide the name and address of the bonding agent for (Name Of Debt Collector), in case legal action becomes necessary: __________________________________________________________________

 

______________________________

Authorized Signature For Creditor

______________________________

Date

You must return this completed form along with copies of all requested information, assignments or other transfer agreements, which would establish your right to collect this alleged debt within 15 days from the date of your receipt of this letter. Your claim cannot and WILL NOT be considered if any portion of this form is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information back.

[jenyphur]

Great letters!

 

I have some questions though. What if there is no signed contract? What if this is for a utility bill or something?

 

Is sending a computer printout of the accounting enough? On the printout, it doesn't even show who the OC is. There was also no information that they are legally able to collect, or what their relationship is to the OC, etc. or if they are licensed and bonded, etc.

 

Thanks for any/all advice.

[trinity]

I really appreciate and like these letters, and I will be firing them off on Friday. Thanks for everything.

[CramItCCCAs]

Great letters!

 

I have some questions though. What if there is no signed contract? What if this is for a utility bill or something?

 

Is sending a computer printout of the accounting enough? On the printout, it doesn't even show who the OC is. There was also no information that they are legally able to collect, or what their relationship is to the OC, etc. or if they are licensed and bonded, etc.

 

Thanks for any/all advice.

 

Utilities are tough and I'm no expert on dealing with them however a computer print out in my mind is not proper validation. They must provide you with proof that you opened the account, a complete accounting of what's owed, proof of their authority to collect it legally in your state, and an acknowledgement for the OC that they have retained this CA to collect. That's the bare minimum for me. Anything short of that should be replied to as having not met the FDCPA standard.

[SassyinAz]

Fave SchmuckIt,

 

I added a link to this thread for Validation #2 follow-up letters in the index and starting point thread:

http://www.creditboards.com/phpBB2/viewtop...p=102144#102144

 

And also included a link to them in the Validation #2 thread:

http://www.creditboards.com/phpBB2/viewtop...p=445829#445829

 

You're well-linked ;-)

 

Sassy

[computerguy]

Here's something for everyone for validation/proof of claim that you folks can use.

 

(Your Name Here)

(Your Address)

(Your City, State, Zip)

 

(Collection Agency or Collection Attorney’s Name Here)

Attn: (Person who signed letter)

(Their Address)

(Their City, State, Zip)

 

Certified Mail Number: (Your Certified Mail Number for Return Receipt Requested)

 

Re: Validation and Proof of Claim

 

Name to be addressed to, (Person who signed dunning letter)

 

Your letter dated (Date of Letter), you claimed that I owe (name of creditor here) in the (Amount Alleged). I accept your offer to pay this amount upon Validation and Proof of Claim. Please produce the original signed note and any attachments to the note along with the signed agreement for my personal review and inspection. Please produce certified copies of the initial balance sheets and legible copies of all the original instruments and all documentation with my signature that make me liable for a debt that I may owe to you, your company/corporation, or anyone you or your company/corporation work for or represent. Please return to me the attached CREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM with an Affidavit signed In Accordance with 28 U.S.C. Section 1746 Notorized by a licensed Notary as sufficient Proof of Claim.

 

Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of my credit reports, said action will be considered a “dishonor” this includes any listing of any information to a credit reporting repository that could be inaccurate or invalidated.

 

Furthermore, if your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. Please be advised that absent the production of the Validation and Proof of Claim within 30 days, will prove your correspondence appears to be a scheme devised for obtaining money under false pretenses and will be dealt with accordingly. See Title 18 Section 1341 (Frauds and Swindles).

 

 

Regards,

 

 

(Your Name Here)

 

 

 

Here's the accompaning document to be attached:

 

CREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM

Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. Section 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.

 

1. Alleged Name and Address of Creditor

 

2. Name on File of Alleged Debtor:

 

3. Alleged Account #:

 

4. Amount of alleged debt:

 

5. Date that this alleged debt became payable:

 

6. Date of original charge off or delinquency:

 

7. Amount paid if debt was purchased:

 

8. Please attach a copy of any signed agreement debtor has made with debt collector, or other verifiable proof that debtor has a contractual obligation to pay debt collector.

 

9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identify theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judge’s inspection should there be a trial to contest these matters.

 

10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect.

11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.

 

12. Verify as a third party debt collector, you have not purchased evidence of the alleged debt and are proceeding with collection activity in the name of the original maker of the note.

 

13. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.

 

14. Verify you know and understand that credit card contracts are a series of continuing offers to contract and as such are non-transferable.

15. Provide verification from the stated creditor that you are authorized to act for them.

 

16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code TITLE 18 PART 1 CHAPTER 63 Sec. 1341.

 

Disputing the Debt,

 

(Your Name Here)

[jenyphur]

Cram It...thanks for the reply. I agree with you. All I got was a print out and it doesn't even have the name of the Water Company on it. Someone hand wrote on it:

 

"Information per your request" , and then they used a stamp with this on it: "This is a communication from a debt collector" and "We are attempting to celled the debt and any information...blah blah blah". They have NOT marked my account in dispute as of today's date.

 

What a joke.

 

I'm going to try one more letter.

[jenyphur]

Ok..so I tweaked it a bit to fit the situation for utilities. Does anyone have any suggestions or revisions? THANKS

 

Silly Collection People

Re: Account #XXXX

 

To Whom It May Concern:

 

I sent you a dispute on the account mentioned above, certified mail return receipt requested. From the USPS website and the receipt I received back, you were in receipt of this item on October 8th.

 

I have received your attempt of validation of the above mentioned account and have several issues to address with your “claim” that I owe this alleged debt to your organization.

 

 

You have not, by any means, managed to prove to me that I owe this alleged debt to YOUR organization. You have not provided me with a signature that undoubtedly proves that I have some sort of contractual obligation to pay you.

 

You have also not sufficiently proven to me that I owe this alleged debt to XXOCXX. In fact, when I called them on 10/8/2004 to obtain additional information, they were not even able to retrieve records on the alleged account.

 

You have merely supplied me with copies of a computer printout from YOUR system. This does not sufficiently prove that there is any legal, contractual obligation between myself, your agency or the creditor.

 

If you cannot provide me with a copy of MY signature on a contract with XXXOCXXX or even copies of checks written to XXXOCXXX for this account bearing my signature, I submit to you that this debt is unverified and reporting it to ANY Credit Reporting Repository is a direct violation of the FDCPA.

 

Continuing collection attempts on this account can and WILL be considered violation under the FDCPA. Verifying the account with the credit reporting agencies has been found by many courts to be considered continuing collection activity which is a violation of the FDCPA.

 

Also as of today’s date, you have failed to mark the account ‘In Dispute’ to the credit reporting agencies. As you should be aware, this is also a violation of the FDCPA.

 

You have also not proven to me that you are licensed to collect in XX nor have you proven to me that you have a contractual obligation with XXXOCXXX to collect this alleged debt.

 

I also request that your company IMMEDIATELY abide by the rules and regulations of the FDCPA and CEASE all collection attempts on this account, including, but not limited to, removing ANY listing on my credit file that may be damaging to my credit status and verifying this information with the credit bureaus.

 

I have enclosed another copy of my validation request, as amended and set forth that you now have 15 days to respond before further action is taken on my part. Please note the changes made within the validation request itself and answer ALL questions accordingly, along with providing the information that I have requested.

Sincerely

Jenyphur

[CramItCCCAs]

Not a good idea to include specifics about what validation is or what they are missing. Vagueness is key, take out the parts that ask for specific things and that list what they haven't give you

[jenyphur]

Ok..well that's pretty much the entire letter. What if I took out these paragraphs:

 

Continuing collection attempts on this account can and WILL be considered violation under the FDCPA. Verifying the account with the credit reporting agencies has been found by many courts to be considered continuing collection activity which is a violation of the FDCPA.

 

Also as of today’s date, you have failed to mark the account ‘In Dispute’ to the credit reporting agencies. As you should be aware, this is also a violation of the FDCPA.

 

You have also not proven to me that you are licensed to collect in XX nor have you proven to me that you have a contractual obligation with XXXOCXXX to collect this alleged debt.

[CramItCCCAs]

I know it's a big part of the letter that's why I said what I said, I think you should take the letters I posted and change only small parts of it. It's not an ego thing with me I'm not the author of those letters I just know first hand that they work

[carriesue]

After searching for something like this, I'm bumping this VERY VERY helpful thread for anyone who might need it right now!!!

[Ishamon]

First, you have not, by any means, managed to prove to me that I owe this alleged to YOUR organization. You have not provided me with a signature that undoubtedly proves that I have some sort of contractual obligation to pay YOU (OR provided me with a complete statement of accounting as required by law to be considered full and complete validation).

 

Now when talking about the "complete statement of accounting as required by law", what exactly does does that entail? Just a statement of what is owed or a complete payment history on that account? Any help on the subject will be greatly appreciated.

[carriesue]

Send both of these letters:

 

 

 

 

Collector/Creditor Name Here

Address

City, State, Zip

Re: Account #(Your Account # Here)

Date:

To Whom It May Concern (Or Name On Most Recent Communication):

I have received your attempt of validation of the above mentioned account and have several issues to address with your �claim� that I owe this ALLEGED debt to your organization.

First, you have not, by any means, managed to prove to me that I owe this alleged to YOUR organization. You have not provided me with a signature that undoubtedly proves that I have some sort of contractual obligation to pay YOU (OR provided me with a complete statement of accounting as required by law to be considered full and complete validation).

Second, you have also not sufficiently proven to me that I owe this alleged debt to (Creditor Name Here) by providing me with a copy of a signature on a contract that I supposedly signed (OR provided me with a complete statement of accounting as required by law to be considered full and complete validation). You have merely supplied me with copies of alleged bills on the account in question (OR contract). This does not sufficiently prove that there is any legal, contractual obligation between myself, your agency or the creditor.

If you cannot provide me with a copy of MY signature on a contract with (Creditor Name Here), I submit to you that this debt is unverified and reporting it to ANY Credit Reporting Repository is a direct violation of the FDCPA. Continuing collection attempts on this account can and WILL be considered harassment under the FDCPA.

(Optional) Fourth, I do not appreciate the insulting tone that my validation request was answered in. I have a right to request ANY and ALL proof that I owe this alleged to your organization AND to the original creditor. Your answers were rude and insulting and I WILL be sure to report this negative response to the FTC and the BBB. This was completely uncalled for as I am acting within MY rights under the FDCPA and FCRA.

I DO NOT have any contractual obligation to pay YOU at this point as you have failed to provide ANY proof of that. A copy of an alleged bill is simply not enough satisfactory proof that I, personally, incurred this alleged debt.

I, again, request that your company PROVE to me, beyond a shadow of a doubt, that I incurred this alleged debt by providing to me a copy of my signature on some type of contract. I also request that your company IMMEDIATELY abide by the rules and regulations of the FDCPA and CEASE all collection attempts on this account, including, but not limited to, removing ANY listing on my credit file that may be damaging to my credit status and verifying this information with the credit bureau�s.

I have enclosed another copy of my validation request, as amended and set forth that you now have 15 days to respond before further action is taken on my part. Please note the changes made within the validation request itself and answer ALL questions accordingly, along with providing the information that I have requested.

Sincerely

Your Name Here

Address

Fax #

 

 

 

Name Of Debt Collector

Address

City, State & Zip

Date

Re: Account #123456789 (Enter Your Account # Here)

To Whom It May Concern:

This letter is being sent to you as a follow up on my previous validation request sent to your offices on (Date) and signed for by your offices on (Date). Your offices have not responded to my prior attempt at validation and are now in direct violation of the FDCPA and FCRA. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested.

This is NOT a request for �verification� or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau�s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following:

� Violation of the Fair Credit Reporting Act

� Violation of the Fair Debt Collection Practices Act

� Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 15 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

(OPTIONAL CEASE & DESIST) I would also like to request, in writing, that no further telephone contact be made by your offices to my home or to my place of employment. If your offices continue to attempt telephone communication with me it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter.

It would be advisable that you and your client assure that your records are in order before I am forced to take legal action.

Best Regards

 

Your Name

 

 

CREDITOR/DEBT COLLECTOR DECLARATION

Please provide all of the following information and submit the appropriate forms and paperwork within 15 days from the date of your receipt of this request for validation.

Name and Address of Alleged Creditor:__________________________________________________________

Name on File of Alleged Debtor: _______________________________________________________________

Alleged Account #: _________________________________________________________________________

Address on File for Alleged Debtor: ____________________________________________________________

Amount of alleged debt: _____________________________________________________________________

Date that this alleged debt became payable: _____________________________________________________

Date of original charge off or delinquency:________________________________________________________

Was this debt assigned to debt collector or purchased? ____________________________________________

Amount paid if debt was purchased: ___________________________________________________________

Commission for debt collector if collection efforts are successful: ____________________________________

� Please attach a copy of the agreement with your client that grants (Collection Agency Name) the authority to collect this alleged debt.

� Please attach a copy of any signed agreement debtor has made with debt collector, or other verifiable proof that debtor has a contractual obligation to pay debt collector.

� Please attach a copy of any agreement that bears the signature of debtor, wherein he/she agreed to pay creditor.

� Please attach copies of all statements while this account was open.

Have any insurance claims been made by any creditor regarding this account? YES NO

Have any judgments been obtained by any creditor regarding this account? YES NO

Please provide the name and address of the bonding agent for (Name Of Debt Collector), in case legal action becomes necessary: __________________________________________________________________

 

______________________________

Authorized Signature For Creditor

______________________________

Date

You must return this completed form along with copies of all requested information, assignments or other transfer agreements, which would establish your right to collect this alleged debt within 15 days from the date of your receipt of this letter. Your claim cannot and WILL NOT be considered if any portion of this form is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information back.

 

I'm just a little confused. You say to send BOTH of these letters...

At the same time? Both CMRR in different envelopes?

 

Maybe it's just too early in the morning for me... LOL

[littleoopie]

The one letter is a response for the lack of "validation", the other is for the lack of response. Send the one to the water co--a handwritten piece that has no info is a lack of validation, but the ones who have ignored your DV need to get the other one....I've already had my coffee....Good Luck.

[Fustrated]

Bump & Subscribe

[carriesue]

Oh, for crying outside! It WAS that clear, wasn't it?!

So I can use my version of the first one to send to ASSet who gave some unbelievably lame attempt at validation. (My name, address, & last 4 digits of ss#. PLEASE!!!)

 

The second is the ammended DV letter. Got it.

Edited September 5, 2007 by carriesue

[Golfman24]

I have a situation where I may need to do this. Can someone PLEASE read my topic here and tell me if it looks like I need to send a letter like this? Please please!

 

Also, this thread is originally three years old. Are these letters still good to send??!!

Edited September 21, 2007 by Golfman24

[Golfman24]

I have a situation where I may need to do this. Can someone PLEASE read my topic here and tell me if it looks like I need to send a letter like this? Please please!

 

Also, this thread is originally three years old. Are these letters still good to send??!!

 

Bump. Please help!

[aryprecious]

Send both of these letters:

 

 

 

 

Collector/Creditor Name Here

Address

City, State, Zip

Re: Account #(Your Account # Here)

Date:

To Whom It May Concern (Or Name On Most Recent Communication):

I have received your attempt of validation of the above mentioned account and have several issues to address with your claim that I owe this ALLEGED debt to your organization.

First, you have not, by any means, managed to prove to me that I owe this alleged to YOUR organization. You have not provided me with a signature that undoubtedly proves that I have some sort of contractual obligation to pay YOU (OR provided me with a complete statement of accounting as required by law to be considered full and complete validation).

Second, you have also not sufficiently proven to me that I owe this alleged debt to (Creditor Name Here) by providing me with a copy of a signature on a contract that I supposedly signed (OR provided me with a complete statement of accounting as required by law to be considered full and complete validation). You have merely supplied me with copies of alleged bills on the account in question (OR contract). This does not sufficiently prove that there is any legal, contractual obligation between myself, your agency or the creditor.

If you cannot provide me with a copy of MY signature on a contract with (Creditor Name Here), I submit to you that this debt is unverified and reporting it to ANY Credit Reporting Repository is a direct violation of the FDCPA. Continuing collection attempts on this account can and WILL be considered harassment under the FDCPA.

(Optional) Fourth, I do not appreciate the insulting tone that my validation request was answered in. I have a right to request ANY and ALL proof that I owe this alleged to your organization AND to the original creditor. Your answers were rude and insulting and I WILL be sure to report this negative response to the FTC and the BBB. This was completely uncalled for as I am acting within MY rights under the FDCPA and FCRA.

I DO NOT have any contractual obligation to pay YOU at this point as you have failed to provide ANY proof of that. A copy of an alleged bill is simply not enough satisfactory proof that I, personally, incurred this alleged debt.

I, again, request that your company PROVE to me, beyond a shadow of a doubt, that I incurred this alleged debt by providing to me a copy of my signature on some type of contract. I also request that your company IMMEDIATELY abide by the rules and regulations of the FDCPA and CEASE all collection attempts on this account, including, but not limited to, removing ANY listing on my credit file that may be damaging to my credit status and verifying this information with the credit bureaus.

I have enclosed another copy of my validation request, as amended and set forth that you now have 15 days to respond before further action is taken on my part. Please note the changes made within the validation request itself and answer ALL questions accordingly, along with providing the information that I have requested.

Sincerely

Your Name Here

Address

Fax #

 

 

 

Name Of Debt Collector

Address

City, State & Zip

Date

Re: Account #123456789 (Enter Your Account # Here)

To Whom It May Concern:

This letter is being sent to you as a follow up on my previous validation request sent to your offices on (Date) and signed for by your offices on (Date). Your offices have not responded to my prior attempt at validation and are now in direct violation of the FDCPA and FCRA. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following:

· Violation of the Fair Credit Reporting Act

· Violation of the Fair Debt Collection Practices Act

· Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 15 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

(OPTIONAL CEASE & DESIST) I would also like to request, in writing, that no further telephone contact be made by your offices to my home or to my place of employment. If your offices continue to attempt telephone communication with me it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter.

It would be advisable that you and your client assure that your records are in order before I am forced to take legal action.

Best Regards

 

Your Name

 

 

CREDITOR/DEBT COLLECTOR DECLARATION

Please provide all of the following information and submit the appropriate forms and paperwork within 15 days from the date of your receipt of this request for validation.

Name and Address of Alleged Creditor:__________________________________________________________

Name on File of Alleged Debtor: _______________________________________________________________

Alleged Account #: _________________________________________________________________________

Address on File for Alleged Debtor: ____________________________________________________________

Amount of alleged debt: _____________________________________________________________________

Date that this alleged debt became payable: _____________________________________________________

Date of original charge off or delinquency:________________________________________________________

Was this debt assigned to debt collector or purchased? ____________________________________________

Amount paid if debt was purchased: ___________________________________________________________

Commission for debt collector if collection efforts are successful: ____________________________________

· Please attach a copy of the agreement with your client that grants (Collection Agency Name) the authority to collect this alleged debt.

· Please attach a copy of any signed agreement debtor has made with debt collector, or other verifiable proof that debtor has a contractual obligation to pay debt collector.

· Please attach a copy of any agreement that bears the signature of debtor, wherein he/she agreed to pay creditor.

· Please attach copies of all statements while this account was open.

Have any insurance claims been made by any creditor regarding this account? YES NO

Have any judgments been obtained by any creditor regarding this account? YES NO

Please provide the name and address of the bonding agent for (Name Of Debt Collector), in case legal action becomes necessary: __________________________________________________________________

 

______________________________

Authorized Signature For Creditor

______________________________

Date

You must return this completed form along with copies of all requested information, assignments or other transfer agreements, which would establish your right to collect this alleged debt within 15 days from the date of your receipt of this letter. Your claim cannot and WILL NOT be considered if any portion of this form is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information back.

Lurking.... lurking

[mf1166]

How long is best to wait after they receive the initial DV before sending a follow up if no response? I've seen conflicting information on here that they are required to validate within 30 days.

[tmkats]

Great letters for the CA's.

 

I'm back here cause my credit is shot again, but this time for a different reason.

 

What do you do about an OC that is listed on the report that sold the debt to the CA?

 

I know you can't DV them, but is there anyway to get them off your report as well or do I just start with the CA's for now?

 

Thanks

[RLesgetit]

Bump

[LKH]

Bump

Why are you bumping 6 month old threads?