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CA says they don't have to validate

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Anonymous
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Re: CA says they don't have to validate

How is this?
 
 
To Whom It May Concern:
 
I am in receipt of your response to my debt validation request. Enclosed you will find a copy of my original request that you received Feb. 22, 2008 and a copy of your response.
 
In your response you state that debt validation must be requested within 30 days of the initial communication. Your response was the first communication I received from your offices regarding this debt. A review of my personal credit report made me aware of this debt, which I promptly sent a debt validation request, in a timely manner. FDCPA does not state that the that the debt must be unpaid with a balance in order to request debt validation.
 
You also state that the debt was paid nearly two years ago. Please provide proof of such payment to your offices from myself.
 
I am making a final request for validation of this alleged debt. You can refer to the copy of the original request that is included as to what I would like to see in order to validate this debt.
 
Best Regards,
 
Myself
Message 11 of 12
Anonymous
Not applicable

Re: CA says they don't have to validate

Dear Sir/Madam:
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.
 
You recieved a request for validation from me on DATE. You have  responded to that request but refused to validate. As you can see that by not validating you are now in violation as reporting is concidered by the courts as collection activity.
 
While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.
I look forward to an uneventful resolution of this matter.
I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation,  The required documentation: Copy of cancelled check with your company name as payee and a copy of my signiture!
 
As this is my secont attempt for validation I will expect this to be deleted from my CR within 15 days or receive documentation mentioned.
 
Thank You,
 
TYPE NAME  only          
 
 
 
 
 
Message 12 of 12
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