notice of intent for collection agency

Submitted by linkjmi on Wed, 05/19/2010 - 12:52
Forums

How about some feed back on this notice of intent for a collection agency, it is my first........,

To Whom It May Concern
Your firm has failed to send the legally required validation of this debt, as requested repeatedly through recorded telephone conversions, U.S. First Class Mail, and Certified Mail. I have fully investigated my rights in this matter. Under the doctrine of estoppel by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that there is no proof of the alleged debt, nor therefore any such debt, in fact exists. Also, under the Fair Credit Reporting Act, these disputed items may not appear on my credit report if they cannot be supported by any evidence.

You have been notified that your actions are detrimental to me and that your firm has violated my rights including but not limited to the Consumer Credit Protection Act, Fair Credit Reporting Act, and the Fair Debt Collection Practices Act. Your firm knew or should have known that the actions taken against me and the information collected about me was inappropriate and damaging to me.

Your office has failed to use reasonable care in the course of business and failed to use even minimal procedures to ensure that I was not harmed by your actions. I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered a collection activity. As I am sure you are fully aware that your firm deliberately and intentionally communicated and are continuing to communicate incorrect and defamatory information to third parties including but not limited to: Equifax, Experian, and TransUnion.

As a result of these blatantly reckless, wanton, and intentional acts, I have suffered and continue to suffer general and specific damages. I am also very upset at your firm's intentional infliction of emotional distress and at the other diminishments of the quality of my life.

I am now demanding the immediate and complete removal of this tradeline from my credit reports (Equifax, Experian, and TransUnion). And to immediately cease and desist any further collection activity on this account. Your silence is no longer acceptable by any means, and will not be tolerated any longer.

Please be advised that, if this matter is not resolved by June 18, 2010 , I will take any and all necessary steps to protect my rights. Failure to respond to this demand will result in a complaint being filed with the National Better Business Burial, the Utah State Attorney General's office, and the Federal Trade Commission. I will also seek the maximum restitution of one thousand dollars on each violation that your firm has committed against my person.

As I am currently attempting to apply for credit, time is of the essence. Please understand that I am extremely concerned about the consequences of the actions your firm is having on my life.

Thank you in advance for your attention to this matter.

Sincerely

(my name)

Hi linkjmi,

It's a well written letter. However, you can also check out the cease and desist letter available with this forum. Can you tell whether or not you have the proof that you had sent a validation letter. Did you send it through certified mail? If so, then attach the proof along with the letter. If you want, you can modify your letter using the sample cease and desist letter.

You can then dispute this item with the credit bureaus. You can use the sample dispute letter available with this forum, to write one of your own.

Hope this helps.

Regards,

Aaron

Thu, 05/20/2010 - 06:34 Permalink
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Tue, 08/05/2014 - 18:38 Permalink