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City, State, Zip
(Sent via CERTIFIED RETURN MAIL #123 456 789 with RETURN RECEIPT)
*** Collection Agency/Law Firm
**** Main Street, #100
City Name, USA 10021
Re: File #0000000 - ABC Lenders- #************
Dear Debt Collector /Debt Collector Attorney:
This will serve as your legal notice under provisions of federal law, the Fair Debt Collection Practices Act (FDCPA), to cease all communication with me in regard to the debt referenced above.
If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission who is responsible for enforcement, the States Attorney General office and/or the American Collectors Association or local State Bar Association.
I/We have decided that we do not desire to work with a collection agency under any circumstances. I/We will contact the original creditor to resolve this matter directly, as circumstances warrant.
You are also notified that should any adverse information be placed against my/our credit reports as a result of this notice that appropriate actions will be taken. Give this very important matter the attention it deserves.
Collection Agency Name
CITY/Town, STATE ZIPCODE
Re: Acct Ref. # XXXXX and XXXXX
To Whom It May Concern:
This letter is being sent to you in response to a notice a couple entries by your company on my credit reports. 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
What do I need you to provide as the debt validation.
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
Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
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..
Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.
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
Your Name Here.
220 SOUTH MAIN STREET
RED BLUFF, CA 96080
Your Full Name
Current Phone Number
Attention: [insert credit reporting agency name] See addresses below
[add CRA address here]
Dear [credit reporting agency]
This letter is a formal request to correct inaccurate information contained in my credit file. The item(s) listed below is/are completely (insert appropriate word(s) [inaccurate, incorrect, incomplete, erroneous, misleading, outdated] ). I have enclosed a copy of the credit report your organization provided to me on [insert date of report here] and circled in red the item(s) in question.
Line Item: [insert name of creditor, account number or line item number)
Item Description: (this info is found on your credit report)
Requested Correction: (describe exactly what you want. If you want an item deleted say so and explain why. If you want an item corrected or updated, provide the correct information such as names, dates, amounts and so forth and any evidence to support your claim).
In accordance with the federal Fair Credit Reporting Act (FCRA), I respectfully request you investigate my claim and, if after your investigation, you find my claim to be valid and accurate, I request that you immediately [delete, update, correct] the item.
Furthermore, I request that you supply a corrected copy of my credit profile to me and all creditors who have received a copy within the last 6 months, or the last 2 years for employment purposes. Additionally, please provide me with the name, address, and telephone number of each credit grantor or other subscriber that you provided a copy of my credit report too within the past six months.
If your investigation shows the information to be accurate, I respectfully request that you forward to me a description of the procedure used to determine the accuracy and completeness of the item in question within 15 days of the completion of your re-investigation as required by the Fair Credit Reporting Act.
I thank you for your consideration and cooperation. If you have any questions concerning this matter I can be reached at (insert daytime phone number including area code).
Originally posted by Andrew E. Wiggin
reply to post by Heike
My "law firm" phone call from Valentine & Kebaratas (collection agency) ended with the woman telling me that the County Sheriff was being called and i were to be arrested, so i had better contact an attorney
i knew right then i had not been talking to a lawyer.
The phone call was recorded on my cellphone's memorycard - but - here's another conspiracy for you.
Its not presentable in court.
You cannot record them even if they're recording you - unless you obtain verbal permission from them.
[edit on 8/26/2008 by Andrew E. Wiggin]
Originally posted by TheRedneck
reply to post by Andrew E. Wiggin
Can I send a signature required letter USPS to a post box address?
I would love to try this with RPM, but I cannot get their physical addy.
Originally posted by Andrew E. Wiggin
First and foremost – you need to assess rather or not this debt belongs to YOU .