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IS THIS A GOOD DEBT VALIDATION LETTER?

  
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IS THIS A GOOD DEBT VALIDATION LETTER?

Postby fenwick » Sat Dec 17, 2011 5:05 pm

To Whom It May Concern:
I am writing in response to your voicemail/phone calls dated March 9th 2011, because I do not believe I owe what you say I owe.
Prior to this date this is the first I've heard from you or any other company on this matter therefore, in accordance with the Fair Debt Collection Practices Act, Section 809(b): Validating Debts:
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
I respectfully request that you provide me with the following information:
• What the money you say I owe is for;
• Explain and show me how you calculated what you say I owe;
• Provide me with copies of any papers that show I agreed to pay what you say I owe;
• Provide a verification or copy of any judgment if applicable;
• Identify the original creditor;
• Prove the Statute of Limitations has not expired on this account
• Show me that you are licensed to collect in my state
• Provide me with your license numbers and Registered Agent
Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. For instance, I know that:
• Because I have disputed this debt in writing within 30 days of receipt of your dunning notice, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense;
• You cannot add interest or fees except those allowed by the original contract or state law.
• You do not have to respond to this dispute but if you do, any attempt to collect this debt without validating it, violates the FDCPA;
Also be advised that I am keeping very accurate records of all correspondence from you and your company including recording all phone calls and I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the Better Business Bureau.
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days of investigating this information and during such time all collection activity must cease and desist. If you find my offer acceptable, please send me a letter agreeing to these terms, signed by your authorized representative, and subject to the laws of my state. Under the Fair Debt Collection Practices Act, I have the right to dispute this alleged debt. If I do not receive your postmarked response within the next 15 business days, I shall withdraw my offer. Please forward your agreement to my address listed above.
fenwick
 
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Joined: Sat Apr 02, 2011 1:21 pm
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IS THIS A GOOD DEBT VALIDATION LETTER?

Postby naseem » Sat Dec 17, 2011 5:15 pm

To Whom It May Concern:
I am writing in response to your voicemail/phone calls dated March 9th 2011, because I do not believe I owe what you say I owe.
Prior to this date this is the first I've heard from you or any other company on this matter therefore, in accordance with the Fair Debt Collection Practices Act, Section 809(b): Validating Debts:
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
I respectfully request that you provide me with the following information:
• What the money you say I owe is for;
• Explain and show me how you calculated what you say I owe;
• Provide me with copies of any papers that show I agreed to pay what you say I owe;
• Provide a verification or copy of any judgment if applicable;
• Identify the original creditor;
• Prove the Statute of Limitations has not expired on this account
• Show me that you are licensed to collect in my state
• Provide me with your license numbers and Registered Agent
Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. For instance, I know that:
• Because I have disputed this debt in writing within 30 days of receipt of your dunning notice, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense;
• You cannot add interest or fees except those allowed by the original contract or state law.
• You do not have to respond to this dispute but if you do, any attempt to collect this debt without validating it, violates the FDCPA;
Also be advised that I am keeping very accurate records of all correspondence from you and your company including recording all phone calls and I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the Better Business Bureau.
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days of investigating this information and during such time all collection activity must cease and desist. If you find my offer acceptable, please send me a letter agreeing to these terms, signed by your authorized representative, and subject to the laws of my state. Under the Fair Debt Collection Practices Act, I have the right to dispute this alleged debt. If I do not receive your postmarked response within the next 15 business days, I shall withdraw my offer. Please forward your agreement to my address listed above.
No. You should take the time to actually go read the FDCPA that you are quoting. You will find that the FDCPA does not require most of this. You probably shouldn't place too much faith in any other advice you get from that "credit expert" site that provided this form letter.

The FDCPA requires third party collection agencies to provide written validation within 5 days of inital contact. That validation bascially consist of the name of the original creditor, the amount, dates, and notices of your right to dispute.

Collection agencies are well aware of exactly what the FDCPA requires and just laugh at these silly validation form letters. You will have much better response if you simply use your own words and leave out all the FDCPA quotes and threats. Ask them to validate the debt to include copies of contracts or other documents that prove the debt is yours. Send the letter certified, return receipt. The purpose of requesting validation is to make sure the debt is actually yours, not to find some loophole to get out of paying.
naseem
 
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Joined: Sat Apr 02, 2011 2:23 pm
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IS THIS A GOOD DEBT VALIDATION LETTER?

Postby denzell » Sat Dec 17, 2011 5:22 pm

HELL NO!

They know the laws you do not have to te;ll them to the agency. I doubt they would even read it.

A simple two sentences will do it. Please provide proof this is my debt include case number and nothing more do not even sign it unless there is no case or referenc number.
denzell
 
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Joined: Fri Apr 01, 2011 3:45 pm
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