What is the name of your state? California
Here is the letter that I wrote to the collection agency that just contacted me 2 days ago in regards to an $8000 debt to a credit card company. I just wrote them a letter and I want to send it out certified mail tomorrow. Could you guys (and girls) please give me any opinions? things I should add or remove to this letter. This letter is kind of like a combination of two letters that I found floating around another board. If you're not familiar with my other thread, its in my one other post. Thank you all soooooo much in advance.
My Name
My Address
The Collection Agency
Their Address
12/29/2004
RE: Account #_________/Credit Card Company
Dear Sir/Madame:
Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form.
Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you.
You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me.
Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.
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.
Sincerely,
ME
CREDITOR DISCLOSURE STATEMENT
Name and Address of Collector (assignee): _________________________
Name and Address of Debtor: ____________________________________
Account Number(s): ____________________________________________
What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms.
Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO
Has the purported balanced of this account been used in any tax deduction claim? YES/NO
Please list the particular products or services sold by the collector to the debtor and the dollar amount of each:
Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action.
________________________________
Authorized signature for Collector
__/__/__
Date
Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts.
Here is the letter that I wrote to the collection agency that just contacted me 2 days ago in regards to an $8000 debt to a credit card company. I just wrote them a letter and I want to send it out certified mail tomorrow. Could you guys (and girls) please give me any opinions? things I should add or remove to this letter. This letter is kind of like a combination of two letters that I found floating around another board. If you're not familiar with my other thread, its in my one other post. Thank you all soooooo much in advance.
My Name
My Address
The Collection Agency
Their Address
12/29/2004
RE: Account #_________/Credit Card Company
Dear Sir/Madame:
Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form.
Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you.
You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me.
Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.
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.
Sincerely,
ME
CREDITOR DISCLOSURE STATEMENT
Name and Address of Collector (assignee): _________________________
Name and Address of Debtor: ____________________________________
Account Number(s): ____________________________________________
What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms.
Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO
Has the purported balanced of this account been used in any tax deduction claim? YES/NO
Please list the particular products or services sold by the collector to the debtor and the dollar amount of each:
Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action.
________________________________
Authorized signature for Collector
__/__/__
Date
Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts.
