Assuming you have contacted the collection agency using our debt validation methods, and they have failed to send you adequate proof of your legal obligation to pay a debt, this is the letter you need to write to the credit bureaus.
Company
Address1
Address2
City, State Zip
Date
RE: Account XXXXX-XXXX-XXXXX
Dear Sir/Madame:
I am writing to dispute the account referenced above. I have disputed this account information as inaccurate with you, and you have come back to me and stated you were able to verify this debt. How is this possible? Under the laws of the FDCPA, I have contacted the collection agency myself and have been unable to get them to verify that this is indeed my debt.
I enclose copies of my requests to the collection agency, asking them to validate my debts, and the receipts showing that I sent these letter certified signature request. This debt is not mine and I was given no evidence of my obligation to pay this debt to this collection agency.
The FCRA requires you to verify the validity of the item within 30 days. If the validity can not be verified, you are obligated by law to remove the item. There is a clear case of unverified debt here, and I urge you to remove this item before I am forced to take legal action.
In the event that you can not verify the item pursuant to the FCRA, and you continue to list the disputed item on my credit report I will find it necessary to sue you for actual damages and declaratory relief under the FCRA. According to this regulation, I may sue you in any qualified state or federal court, including small claims court in my area.
While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FCRA.
I look forward to an uneventful resolution of this matter.
Sincerely,
Signature
Your Name
Your Address
City, State Zip
enclosures
Debt Validation 2 (Offer of Settlement)
Under the FDCPA, you are allowed to challenge the validity of a debt that a collection agency states you owe to them. This validation letter incorporates a debt settlement offer that might encourage the agency to pay closer attention to your letter. Keep a copy for your files and send the letter registered mail.
Your Name
123 Your Street Address
Your City, ST 01234
Cheatem Collections
123 Fagetaboutit Ave
Chicago, IL
Date
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
It has come to my attention through the credit bureaus that you claim I owe a debt to your agency. While I have yet to have the debt verified to me as legitimate through my right of the mini-Miranda, I can however save us both some effort and time by “settling the debt out.”
Below is my offer. It is not a renewed promise to pay nor does it constitute any agreement unless you sign and return it. Note, I have not agreed yet that this debt is mine and have the option to seek further proof from your agency of this debt. It also has come to my attention that your agency regularly purchases debts in the course of doing business.
Suffice to say, you hold all the rights to report the debt to the credit bureaus as you see fit and you can change that listing at any time as the source reporting the debt.
I am sure you are aware of my right to dispute this debt and request full proof of the obligation. Paying this unverified debt to you means little to me if we cannot mutually agree that you will report the debt as mentioned below.
While I realize that your purpose is to collect debts as a collection agent, I am also aware of what a paid collection would represent for me, which is not favorable. That being said, I have concurred through the bureaus that you have the absolute right to report this debt as you see fit or not report it at all.
Please do not quote to me that you are unable to change the listing or I will be forced to cease and desist our communication and request full lengthy verification of the debt.
My goal is to arrange a term acceptable to both us since this debt is questionable.
I will pay your company the amount of $XX.xx as payment in full for the full satisfaction of this account. Upon receipt of the above payment, your company has agreed to change the entry on my credit reports to “Paid, no lates.” You further agree to remove all previous notation of delinquency.
If you concur with these terms please acknowledge with your signature and return it to me. You agree the terms herein are confidential and that you have the authority to make such decisions. No payment will be made without written confirmation.
Upon receipt of this signed acknowledgment, I will immediately mail you funds via priority mail. This is not a renewed promise to pay but rather a restricted offer only. If no terms can be met, no new arrangements will be made and the offer will be void.
Name of Creditor:
Signature of Company Officer:
Date:
Sincerely,
Your Signature
Your Name
June 13, 2001
Your Name
123 Your Street Address
Your City, ST 01234
ABC Collections
123 NotOnYourLife Ave
Chicago, IL
Date
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on September 30, 2002). 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.
Please provide me with the following:
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
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (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 to investigate 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.
Best Regards,
Your Signature
Your Name
You don't have to go quoting a bunch of laws and regulations the first time you request debt validation from a collection agency. Really! Merely requesting it is sufficient to start the ball rolling under the FDCPA.
Re: Acct XXX-XX-XXXXX
I just received your letter stating that you are collecting a debt on behalf of the
- . I have no idea what this debt is, and under my rights under the FDCPA, I request that you validate this debt.
Sincerely,
Your Name
Your Address
City, State Zip
Non-cooperative Collection Agency
1 E. IWantToBeSued
Colorado Springs, CO 80901-1120
Date: Nov 1, 2002
Re: Acct#’s 212487, 5904602, 5904602, 5903026, 10010019
To Whom It May Concern:
I have previously sent you a request to validate my debt under the Fair Debt Collection Practices Act and all I received was an itemized list of the alleged charges you claim I owe you. This does not meet the Federal Trade Commissions guidelines of what constitutes proper debt validation. I am attaching an opinion letter from the FTC, (the Lefevre-Wollman) letter, specifically addressing the kind of “documentation” you have sent me.
In addition, in the case of Spears Vs. Brennan (IN THE COURT OF APPEALS OF INDIANA, No. 49A02-0003-CV-169), the court ruled that:
15 U.S.C. § 1692g(b) (emphasis added). On November 12, 1996, nineteen days after the date of Brennan’s debt collection letter, Spears’ counsel Shepard sent Brennan a letter declaring that Spears “disputes your debt collection-related allegations, denies the same, and demands strict proof and verification thereof.” Record at 21. As such, Brennan should have ceased his debt collection efforts immediately upon receiving that letter. Instead, Brennan proceeded to obtain a default judgment against Spears on the debt collection claim before he had mailed Spears the necessary verification and, thus, violated 15 U.S.C. § 1692g(b).
Brennan maintains, however, that there was no violation of the FDCPA because he “sent adequate verification of the debt [to Spears] in the October 30, 1996 notice of claim.” Brief of Appellee at 13. Specifically, Brennan claims that a copy of the consumer credit contract between Spears and American General attached to the notice of claim provided sufficient verification of the debt within the meaning of 15 U.S.C. § 1692g(b). We cannot agree.
The contract in no way provides sufficient verification of the debt. A review of the document reveals that it identifies only the terms of Spears’ loan, including a 17.99% annual interest rate and the original loan amount of $2,561.59. The loan agreement contains no accounting of any payments made by Spears, the dates on which those payments were made, the interest which had accrued, or any late fees which had been assessed once Spears stopped making the required payments. Indeed, the existing unpaid contract balance at the time Brennan sent the debt collection notice was at least $350.00 more than the original loan amount. Therefore, Brennan violated 15 U.S.C. § 1692g(b) when he failed to cease collection of the debt by obtaining a default judgment against Spears after Spears had notified Brennan in writing that he was disputing the debt but before Brennan had mailed verification of the debt to Spears. We reverse the trial court’s entry of summary judgment in favor of Brennan on this issue.
I notice that you are still reporting this collection on my credit report, which is considered to be a collection activity. You are now in violation of the FCPDA, and are now subject to fines of $1000, plus actual damages and attorney’s fees, which I may collect from you by filing a claim in small claims court. These collections on my credit report are causing me severe problems in trying to purchase a home and the damage could lead into the $1000’s. I am also attaching an opinion letter from the FTC on the illegal practice of continuing to report these collections on my credit report without proper validation (Lefevre-Cass letter).
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. In addition, the Fair Credit Reporting Act (FCRA) does not allow the inaccurate reporting of information on my credit report and under this act. Therefore, if you do not immediately remove this account from my credit report, you are subject to another $1000 fine, plus punitive damages. 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, according to Arizona Statues 32-1024, collection agencies must be licensed in the state of Arizona. I have checked to see if you have a registered agency here in the state of Arizona and you have not, so you are practicing illegally in the state of Arizona.
I intend to follow through with the suit if I do not hear back from you within 15 days.
I look forward to hearing from you,
Your Name
Enclosures
http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm>
ABC Collections
1 E. Main
Anytown, USA
Date: Jan 6, 2003
Re: Acct # XXXXXX_XXXXX
To Whom It May Concern:
I have previously sent you a request to validate my debt on Dec 10, 2002 under the Fair Debt Collection Practices Act and I have yet to hear from you regarding this matter. I feel as though I have given your organization ample time to resolve this questionable debt which you insist is mine.
I notice that you are still reporting this collection on my credit report, which is considered to be a continuation of collection activity after a request for debt validation. Under section 809(b) of the FDCPA, following a request for debt validation, collection agencies must cease collection activities. I am attaching an opinion letter from the FTC on the illegal practice of continuing to report these collections on my credit report without proper validation (Lefevre-Cass letter).
You are now in violation of the FCPDA, and are now subject to fines of $1000, plus actual damages and attorney’s fees, which I may collect from you by filing a claim in small claims court. These collections on my credit report are causing me severe problems in trying to purchase a home and the damage could lead into the $1000’s.
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. In addition, the Fair Credit Reporting Act (FCRA) does not allow the inaccurate reporting of information on my credit report and under this act. Therefore, if you do not immediately remove this account from my credit report, you are subject to another $1000 fine, plus punitive damages. 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.
I intend to follow through with the suit if I do not hear back from you within 15 days.
I look forward to hearing from you,
enclosure: Levre-Cass letter
Follow up letter to the Collection Agencies
If you do not hear back from the collection agency within the 30 days, you can send them this letter.
Your Name
123 Your Street Address
Your City, ST 01234
ABC Collections
123 NotOnYourLife Ave
Chicago, IL
Date:
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
I have previously sent you a request to validate my debt, account number XXX-XXX-XXX on February 15, 2002.
Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I have given you 30 days to remedy the situation, which is a very reasonable period. I have received no reply from you, though I did receive confirmation via mail that you did receive my letter on February 20, 2002.
Since you are still reporting this account on my credit report, you are now in violation of the FCPDA, and are now subject to fines of $1000, which I may collect from you by filing a claim in small claims court. I intend to follow through with the suit if I do not hear back from you within 15 days.
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.
I look forward to hearing from you,
Jane Doe.
Kristy Welsh
8625 E. Mariposa Dr.
Scottsdale, AZ 85251
Credit Collection Services
Two Wells Avenue
Newton, MA, 02459
Date: April 16, 2003
Re: Acct # 05 007633780
To Whom It May Concern:
I contacted Progressive Insurance regarding this debt, which was an error on their part. They have sent me a revised bill, which I have already paid. I include the revised bill, and now consider the matter closed.
Sincerely,
Kristy Welsh
Your Name
123 Your Street Address
Your City, ST 01234
ABC Collections
123 NotOnYourLife Ave
Chicago, IL
Date
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
I am continually being called on the telephone by your firm over an alleged $9000 debt.
I’m sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA), and I am requesting validation of this debt. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt. I request that you stop contacting us on the telephone and restrict your contact with us to writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:
Complete payment history, the requirement of which has been established via SPEARS vs. BRENNAN and
Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.
Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.)
Intimate knowledge of the creation of the debt by you, the collection agency
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 collection activity.
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. Under the FCRA and the FDCPA, each violation is subject to a $1000 fine, payable to me.
Your Name
Your Name
123 Your Street Address
Your City, ST 01234
ABC Collections
123 NotOnYourLife Ave
Chicago, IL
Date
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
I have just pulled my credit report and noticed a collection account from your company. I’m sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA), and I am requesting validation of this debt. I am requesting proof that I am indeed the party you are involved with this debt, and there is/was some contractual obligation which is binding on me to pay this debt.
Complete payment history, the requirement of which has been established via SPEARS vs. BRENNAN and
Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.
Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.)
Intimate knowledge of the creation of the debt by you, the collection agency
Although this account reads paid, it is unacceptable for this to remain on my credit report, as this reflect negatively on my credit rating. I have no proof this account is mine.
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 collection activity. Why are pursuing collection activity on a paid account in the first place? This is definitely harassment and is a violation of the FDCPA under 15 USC 1962e:
(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.
In addition, According to the information given to us on the credit report, the date of last activity by the original creditor is July of 1999. The SOL on this alleged debt, even if it was mine, is 5 years in the state of Illinois.
I’m sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA). However, I would like to point out that your firm has violated provisions of the FDCPA in the following respects:
(a) by using deceptive or misleading representation for collection of the alleged debt and therefore violating 15 USC 1692e.
and
(b) by falsely representing the legal status of the alleged debt and therefore violating 15 USC 1692e(2)(A).
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. Under the FCRA and the FDCPA, each violation is subject to a $1000 fine, payable to me.
Your Name
Your Name
1 Any Street
Any Town, AZ 85000
ABC Collections
1 E. Main
Some Other Town, CO 80000
Date: Oct 31, 2003
Re: Acct # XXXX3 or XXXXX4
To Whom It May Concern:
I recently pulled a copy of my credit report and noticed that there was a collection from your agency on my credit report. I was never notified of this collection. Not notifying me is a violation of the Fair Debt Collections Practices Act (FDCPA). This is not a refusal to pay, but a notice that your claim is disputed.
In addition, under the FDCPA, I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt.
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. In addition, until you provide me with proper validation of this debt, you are not allowed to pursue any collection activities, including reporting this information on my credit report. 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.
Please attach copies of:
Complete payment history, the requirement of which has been established via Spears vs. Brennan and
Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.
Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.)
Best regards,
Your Name
Debt Validation
Under the Federal Debt Collection Practices Act, you are allowed to challenge the validity of a debt that a collection agency states you owe to them. Use this letter and the following form to make the agency verify that the debt is actually yours and owed by you. Keep a copy for your files and send the letter registered mail.
Your Name
123 Your Street Address
Your City, ST 01234
ABC Collections
123 NotOnYourLife Ave
Chicago, IL
Date
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
My mother and I are continually being called on the telephone by your firm over an alleged $9000 debt and my mother was threatened with having a lien put on her house and having her savings account taken. According to the information given to us by your firm, the date of last activity by the original creditor is July of 2001. The SOL on this alleged debt, even should it be ours, is 3 years in the state of South Carolina.
I’m sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA). However, I would like to point out that your firm has violated provisions of the FDCPA in the following respects:
(a) by using deceptive or misleading representation for collection of the alleged debt and therefore violating 15 USC 1692e.
and
(b) by falsely representing the legal status of the alleged debt and therefore violating 15 USC 1692e(2)(A).
Specifically you violated this by stating that your firm would place a lien on my mother’s house or seize her savings account. This requires a judgment, which your firm does not have. Each violation of the FDCPA is subject to a $1000 fine plus lawyer’s fees. I will not hesitate to file suit should you decline to desist in these illegal activities.
In addition, under the (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt. I request that you stop contacting us on the telephone and restrict your contact with us to writing, and only when you can provide adequate validation of this alleged debt.
Per the Federal Trade Commission and numerous court rulings, debt validation consists of:
Complete payment history, the requirement of which has been established via Spears vs. Brennan and
Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.
Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.)
Intimate knowledge of the creation of the debt by you, the collection agency
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.
Your Name
Your Name
123 Your Street Address
Your City, ST 01234
ABC Collections
123 NotOnYourLife Ave
Chicago, IL
Date
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
I am continually being called on the telephone by your firm over an alleged $9000 debt.
I’m sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA), and I am requesting validation of this debt. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt. I request that you stop contacting us on the telephone and restrict your contact with us to writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:
Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.
Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.)
Intimate knowledge of the creation of the debt by you, the collection agency
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 collection activity.
This is my second request for debt validation – my first request, sent within 30 days of receipt of your initial contact, has gone unanswered.
In addition, According to the information given to us by your firm, the date of last activity by the original creditor is July of 1999. The SOL on this alleged debt, even should it be ours, is 5 years in the state of Illinois.
I’m sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA). However, I would like to point out that your firm has violated provisions of the FDCPA in the following respects:
(a) by using deceptive or misleading representation for collection of the alleged debt and therefore violating 15 USC 1692e.
and
(b) by falsely representing the legal status of the alleged debt and therefore violating 15 USC 1692e(2)(A).
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. Under the FCRA and the FDCPA, each violation is subject to a $1000 fine, payable to me.
Your Name
Your Name
123 Your Street Address
Your City, ST 01234
ABC Collections
123 NotOnYourLife Ave
Chicago, IL
Date
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
I am continually being called on the telephone by your firm over an alleged $9000 debt.
I’m sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA), and I am requesting validation of this debt. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt. I request that you stop contacting us on the telephone and restrict your contact with us to writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:
Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.
Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) – Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff’s debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
Intimate knowledge of the creation of the debt by you, the collection agency
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 collection activity.
I’m sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA). However, I would like to point out that your firm has violated provisions of the FDCPA in the following respects:
15 USC 1692e(2)(A). falsely representing the legal status of the alleged debt. I was an authorized user on this account and therefore am not liable for the debt. The user of this account was my father who is now deceased and his estate could not cover any of his debts.
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. Under the FCRA and the FDCPA, each violation is subject to a $1000 fine, payable to me.
Your Name
Your Name
123 Your Street Address
Your City, ST 01234
ABC Collections
123 NotOnYourLife Ave
Chicago, IL
Date
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
I have recently received a letter from your firm regarding an alleged debt. I’m sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA), and I am requesting validation of this debt. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation binding on me to pay this debt. I request that you stop contacting us on the telephone and restrict your contact with us to writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:
Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.
Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) – Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff’s debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
Intimate knowledge of the creation of the debt by you, the collection agency
This is my second request for debt validation – my first request, sent within 30 days of receipt of your initial contact, has gone unanswered.
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 collection activity. Therefore you are in violation of this section of the FDCPA.
You are misrepresenting this debt as a medical debt. I have no medical debts whatsoever and the original creditor, when contacted by me was not a medical professional or facility. Therefore, I would like to point out that your firm has violated provisions of the FDCPA in the following respects:
15 USC 1692e(2)(A). falsely representing the legal status of the alleged debt. I was an authorized user on this account and therefore am not liable for the debt. The user of this account was my father who is now deceased and his estate could not cover any of his debts.
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. Under the FCRA and the FDCPA, each violation is subject to a $1000 fine, payable to me.
Your Name
Debt Validation
Under the Federal Debt Collection Practices Act, you are allowed to challenge the validity of a debt that a collection agency states you owe to them. Use this letter and the following form to make the agency verify that the debt is actually yours and owed by you. Keep a copy for your files and send the letter registered mail.
Your Name
123 Your Street Address
Your City, ST 01234
ABC Collections
123 NotOnYourLife Ave
Chicago, IL
Date
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
I have been the victim of identity fraud, and I believe this debt is one of the debts which resulted from my identity theft and was falsely taken out in my name. This letter is being sent to you in response to your attached letter. This is not a refusal to pay, but a notice that your claim is disputed.
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 I am indeed the party you are asking to pay this debt, and there is some contractual obligation which 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:
Agreement with your client that grants you the authority to collect on this alleged debt
Agreement that bears the signature of the alleged debtor wherein he agreed to pay the creditor.
Any insurance claims been made by any creditor regarding this account
Any judgments been obtained by any creditor regarding this account
Best regards,
Your Signature
Your Name
Debt Validation Form
Questionnaire to be returned to me for Account #
Original Creditor’s Name:
Name of Debtor:
Address of Debtor:
Balance of Account:
Date you acquired this debt:
This Debt was: assigned purchased
Please indicated any credit bureaus to which you have reported negative marks:
Experian ______
Equifax ______
TransUnion ______
Your Name
123 Your Street Address
Your City, ST 01234
ABC Collections
123 NotOnYourLife Ave
Chicago, IL
Date
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
I am continually being called on the telephone by your firm over an alleged $9000 debt.
I’m sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA), and I am requesting validation of this debt. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt. I request that you stop contacting us on the telephone and restrict your contact with us to writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:
Complete payment history, the requirement of which has been established via SPEARS vs. BRENNAN and
Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.
Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.)
Intimate knowledge of the creation of the debt by you, the collection agency
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 collection activity.
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. Under the FCRA and the FDCPA, each violation is subject to a $1000 fine, payable to me.
Of course, no one likes to go to court. My time is money and it would be worth it to me to settle this outside of court, even if I am assured of victory. To minimize both parties’ time and trouble over this matter, I am willing to offer a settlement of $XXXX.XX amount which is also included in the attached settlement offer. The offer is not an admission of indebtedness, but an attempt to bring swift closure to this matter.
Your Name
The COLLECTION AGENCY certifies that it is legally authorized to act in behalf of its CLIENT and that any agreement that the COLLECTION AGENCY makes on behalf of Client is legally binding on the Client.
The COLLECTION AGENCY and the CONSUMER agree that the present debt due is $38,0000.00 (one thousand thirty-eight thousand & 00/100 dollars). The parties agree that the COLLECTION AGENCY shall accept the sum of $9500 (nine thousand five hundred dollars & no/100 dollars) as full payment on the debt. The acceptance of the payment will serve as a complete discharge of all monies due, and the COLLECTION AGENCY agrees to consider the debt paid in full and agrees to not take further action to collect on the alleged debt. The payment shall be made in the form of a cashier’s check.
Upon payment of the $9500, the COLLECTION AGENCY agrees to remove any listing or information that the COLLECTION AGENCY may have placed on the CONSUMER’S credit report. The COLLECTION AGENCY agrees to never at any time in the future place any information on the CONSUMERS credit report.
The CONSUMER feels that the negative information on CONSUMER’s credit report is damaging and while the exact estimation of the damage is not currently known, the CONSUMER estimates it to be $10,000. Should the COLLECTION AGENCY fail to remove the listing or reinsert it at a later date, the COLLECTION AGENCY agrees to award liquidated damages of $10,000 to CONSUMER.
This compromise is expressly conditioned upon the payment being received by
The person signing this agreement, referred to as LEGAL REPRESENTATIVE OF COLLECTION AGENCY __________________________________, hereby declares that he/she is authorized to act as an agent of the COLLECTION AGENCY.
This Agreement shall be binding upon and inure to the benefit of the parties, their successors, and assignees.
Dated:
Signature:
LEGAL REPRESENTATIVE OF COLLECTION AGENCY
Signature:
CONSUMER
Combination Debt Validation and Settlement Letter
Your Name
1 Any Street
Any Town, AZ 85000
ABC Collections
1 E. Main
Some Other Town, CO 80000
Date: Oct 31, 2003
Re: Acct # XXXX3 or XXXXX4
To Whom It May Concern:
I have previously sent you a request to validate my debt per the Fair Debt Collection Practices Act (FDCPA). It has now been more than 30 days, I period that I felt was reasonable. However, I’ve noticed that this account is still on my credit report, despite the fact that you have provided nothing in the way of proof that this is my debt, that you are legally entitled to collect this debt, an accounting of the amount of the debt.
In previous correspondence with your company, even though I am not convinced this debt is mine, I offered to settle with your company for 50% of the amount plus the removal of the account from my credit report. This is a very generous offer, especially in the light of the fact that you are currently in violation of the FDCPA and I am entitled to collect money from you.
As 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 collection activity.
I recognize that no one likes court or protracted, costly legal battles, especially ones in which you are certain to lose. To expedite the resolution of this matter and get it off of my credit report, I am willing to pay a portion of the debt, even though I am not fully convinced that it is mine. I am attaching a settlement offer for your consideration.
If you do not accept my settlement offer, I intend to take you to court for violating the FDCPA.
Best regards,
Your Name
Agreement to Settle Debt
This agreement for settlement of $xxx.xx known as the Debt is between
Upon payment of <$XXX.XX -the amount of the offer> the Debt to Collection Agency, Collection Agency agrees that the Debt has been paid in full and agrees to remove any negative mark on the Payor’s credit report, and also agrees to not put any negative marks on the Payor’s credit report at any time in the future.
Once the Collection Agency has received the payment from the Payor, the collection agency agrees to remove the account listing completely from the Payor’s credit report. It is not currently known what the dollar amount might be if Collection Agency refuses to remove its account listing on Payor’s credit report or places one on it in the future, but Payor estimates the liquidated damages of such a negative mark to be $10,000. If at anytime in the future, the Payor finds a negative listing from Collection Agency, the Collection Agency agrees to pay the liquidated damages.
If these terms are acceptable to your company, please sign below and return a copy to me. Upon receipt of this acknowledged agreement, I will express you a money order in the amount stated above.
Read, Approved and Accepted by:
Payee_________________________ Date:_____
Payor_________________________ Date:____
Combination Debt Validation and Settlement Letter
Your Name
1 Any Street
Any Town, AZ 85000
ABC Collections
1 E. Main
Some Other Town, CO 80000
Date: Oct 31, 2003
Re: Acct # XXXX3 or XXXXX4
To Whom It May Concern:
I recently pulled a copy of my credit report and noticed that there was a collection from your agency on my credit report. I was never notified of this collection. Not notifying me is a violation of the Fair Debt Collections Practices Act (FDCPA). This is not a refusal to pay, but a notice that your claim is disputed.
In addition, under the FDCPA, I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt.
In addition, until you provide me with proper validation of this debt, you are not allowed to pursue any collection activities, including reporting this information on my credit report. Proper debt validation is met with the production of the following documents:
1.Complete payment history, the requirement of which has been established via SPEARS vs. BRENNAN,
2.An agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor,
3.Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.)
4.Evidence of intimate knowledge of the creation of the debt by you, the collection agency
I recognize that no one likes court or protracted, costly legal battles, especially ones in which you are certain to lose. To expedite the resolution of this matter and get it off of my credit report, I am willing to pay a portion of the debt, even though I am not fully convinced that it is mine. I am attaching a settlement offer for your consideration.
Best regards,
Your Name
Agreement to Settle Debt
This agreement for settlement of $xxx.xx known as the Debt is between
Upon payment of <$XXX.XX -the amount of the offer> the Debt to Collection Agency, Collection Agency agrees that the Debt has been paid in full and agrees to remove any negative mark on the Payor’s credit report, and also agrees to not put any negative marks on the Payor’s credit report at any time in the future.
Once the Collection Agency has received the payment from the Payor, the collection agency agrees to remove the account listing completely from the Payor’s credit report. It is not currently known what the dollar amount might be if Collection Agency refuses to remove its account listing on Payor’s credit report or places one on it in the future, but Payor estimates the liquidated damages of such a negative mark to be $10,000. If at anytime in the future, the Payor finds a negative listing from Collection Agency, the Collection Agency agrees to pay the liquidated damages.
If these terms are acceptable to your company, please sign below and return a copy to me. Upon receipt of this acknowledged agreement, I will express you a money order in the amount stated above.
Read, Approved and Accepted by:
Payee_________________________ Date:_____
Payor_________________________ Date:____
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