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  #1  
Old 05-16-2003, 11:44 AM
Absyd
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Question

Validation Letter....


What is the name of your state? mo

Concerning the issue discussed earlier this week. Was just wondering if this letter would suffice or if I should put more info in it.....

To Whom It May Concern:

Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that there is some contractual obligation bearing my signature that is binding on me to pay this debt. Below are a few questions to answer which may help you to resolve these mistakes.
You should also be aware that reporting such invalidated information to major credit bureaus might constitute defamation of character, as the negative marks on my credit report harm my credit and prevent me from enjoying all the benefits of good credit. I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies.

In addition to the questionnaire below, please attach copies of:
„h Agreement with your client that grants you the authority to collect on this alleged debt
„h Agreement that bears the signature of the alleged debtor wherein he agreed to pay the creditor.
„h Any insurance claims been made by any creditor regarding this account
„h Any judgments been obtained by any creditor regarding this account
Best regards, "




I was reading over the FDCPA specifically about the validation of debt, I was never informed who these lawyers are working for....I only know it's collect america because I called the original creditor. The first contact with these lawyers was you owe X amount, pay us or we sue....course none of this is on tape either.

Just wondering if I should put more in the letter about how in the initial contact they didn't abide by the FDCPA and violated my rights etc etc...

thanks in advance.
  #2  
Old 05-16-2003, 01:39 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
I'd send that letter as-is. If they fail to validate, and I bet the do fail, save your comments about their FDCPA violations for the 2nd letter, since they'll likely rack up more violations by not validating or marking your account in dispute with the credit bureaus.
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  #3  
Old 05-16-2003, 02:00 PM
kevinss
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Ladynred mentioned a key act here - you need to check your credit report a week or two after they receive the validation letter. If they don't mark the debt as disputed on your CR, then you have a cause of action against them. What she was saying is don't give them any hints that you're watching them
  #4  
Old 05-16-2003, 02:09 PM
Absyd
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My main question is this...

Since I already have paid on some of this debt does this constitute validation on my part? Curious if they could send back a letter stating that since Ive already made payments towarsd this debt, by doing so I acknowledge that the debt is indeed valid.

As far as the credit report I had called them in February to ask that they report to the agency's that I was making an effort to pay this debt off, and they flat out refused...said I need to pay the entire balance before they would do that.

They also threatened to sue that time too if I didn't pay the balance off...course they never did.
  #5  
Old 05-16-2003, 02:58 PM
kevinss
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No, partial payment does not constitute acknowledgement or acceptance of the debt. You can easily be scared or threatened into paying something that isn't your responsibility to pay.

Additionally, Missouri is a single-party consent state for the recording of phone calls. You don't have to legally tell the other party that you're recording. Record all calls from this agency from now on and make sure you mention the time and date on every call. Pretend to be as dumb and clueless as possible - that's when they'll rack up the most violations.
I don't have any sympathy for CAs that break the law. It's time for you to use it to your advantage.
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