The collection agency keep sending my useless proof. There's pretty much nothing on there. THis is now my last demand for proof. Can I send them a letter like this? I just took the debt validation letter and added a phrase (1st phrase of this letter) telling them what I will do if they don't comply.
To Whom It May Concern:
You failed to provide a valid debt validation according to U.S law. This is the last demand for proper proof. Failure to cease collection and deletion of my records will result in a lawsuit against your company, a complaint filed with the Federal Trade Commission.
This letter is being sent to you in order to dispute the debt collection. 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 (b) 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
• The agreement which authorizes Credit Management, LP to collect debt on the assumed debt
• The signed agreement from the debtor confirming to pay the debt
• 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
• 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
• Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau (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 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 investigating 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 or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation 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.
I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, 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 by USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.
Please read the enclosure for an opinion regarding matters such as these from the Federal Trade Commission.
Is there anything else I could put in there? Thanks!
there is no more you can put in, actually this is too much. this is one of those boilerplate letters and some judges will let the CA get away with it.
How about sending a MOV to the CRA? with copies of your green cards.
do you have all your credit reports?
what state are you in?
what is the original creditor and the name of the CA?
what is the date of first delinquency? 30 days after last payment
Huh? Too much?
What's MOV?
There's nothing on the credit reports yet. In Texas. It was ATT. Never was a late payment. After me for equipment I don't owe.
yes , too much. the CA goes look form credit repair letter, lets ignore.
TX- Excellent! file a complaint with the AG immediately. in TX, the CA must reply to DV within 30 days no matter when its sent (i think). check out TX law.
what ATT? cable tv? phone? there is a federal SOL on telecommunications for 2 years.
MOV letter. This is a letter that you send to the CRA that asks how can you keep reporting this when they refuse to reply to my requests for info? send green cards with this.
how about some dates?
Also Sven, have you joined cm?
They did reply but just send some letter with pretty much nothing on it. I'm aware of my options. It's not the first time that I'm fighting a collection agency.
What's CRA? Credit Bureaus won't do anything. I tried that the last time.
I also don't know what AG is.
AG = Attorney General
CRA = is Credit Reporting Agency
A Method of Verification letter is not the same as a dispute.
insufficient proof= nothing pretty much.
None of my suggestions cost money to try. if you know better, I am not sure what you want. but I don't think repeated DV letters will produce much.
I'm not just sending them another DV letter. This time I'm telling them that I'll sue them.
The other collection agency already gave up, but that was just 80 Dollars. This one wantsa 440.
I already tried contacting the CRA's the last time. That didn't do anything. They just sent me a letter saying they verified it. There was just nothing to verify and I got the case thrown out later. They don't care.
threats are a waste.
the only violation you have outlined is insufficient DV. This will be subjective. DV = what a judge says it is. federal court does not have small claims. the fee is $350 ( i think)
I would suggest that you find an attorney to review this case. A consumer attorney can bill all fees, hours and expenses to the losing side. and they will be upfront with you about the strength of your case.
I believe that threatening to sue just shows inexperience.
The MOV is the next step after sending the DV and Disputing with the CRA. It is part of the law. Doing this will help any legal case, not hurt it.
ditto for filing a complaint. both things are free and would take about a half hour to do.
lots of people threaten to sue, it doesn't shake a CA.
Well, it's not just a threat. I will sue.
I am not questioning your resolve.
I am saying don't threaten. If you want them to feel threatened, contact the AG. Doing a MOV will support your legal case.
everything you have said is natural, I was in your shoes once too. I had a horrible problem with TU and they refused to remove a collection account despite the fact that I got no response to repeated letters sent CMRRR. I wrote a long ITS letter and got screamed off the forum (different). But I found that it was my complaint to the OCC that deleted the account.
If you don't like my answers try creditboards and creditinfocenter. CB can be tough on newbies but they are both full of knowledgeable people.
Find a consumer attorney to review your case. if it is good, they will get the expenses of filing paid.
it is very understandable that you worked hard on this and really just wanted someone to rubber stamp your letter, but I am trying to be honest. go to the other forums and get more opinions.