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butterfli78
Posts: 14
Registered: ‎08-26-2007

Disputed account won't go away! Please help!

I have a collection account that I have disputed several times, and the CRA's always come back stating that it was verified. This CA is very nasty and has threatened me on several occasions. I have asked about 30 times for them to send me a statement showing what exactly I owe (this is for a past property we rented), and have yet to get anything. I found the letter below on one of the threads and was wondering if this would be the letter to send to them to make them either verify with me the debt, or delete it. Also, do I send a copy of this letter to the CRA's, or do I wait to see if they respond and then send the information, showing the CMRRR to the CRA's? Thanks for your help!
 

August 26, 2007

 

Jones Collection Agency

222 1st Street

Noplace, FL33333

 

Re:      Account #:                   5555555

            Original Creditor:         Smith & Smith Corp

Dear Sir or Madam:

This letter hereby notifies you that the validity of this debt is in dispute. In an attempt to validate this debt, I am requesting evidence of this debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such substantiation, under federal and state law you must correct any erroneous reporting to any and all credit reporting agencies

In accordance with Section 809 of the Fair Debt Collection Practices Act, Fair Credit Reporting Act and corresponding case law, please provide me, in writing, the following information:

  1. A copy of the alleged original contract or other instrument bearing my signature
  2. Complete account history, including, all statements, records of all activity, payments, collection attempts, and any charges added for collection activity; In short, any and all documentation pertaining to this account
  3. Evidence of your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter
  4. Evidence that your company is registered as a consumer collection agency in the State of Florida

Additionally, until full validation is provided, all representatives of your company, or any affiliated company, must immediately cease & desist all attempts to collect the aforementioned debt. Failure of your company to comply with this request will be a violation of the Fair Debt Collection Practices Act and will directly result in a complaint filed with the Federal Trade Commission and the State of Florida Attorney General's office. Please be advised, should this request be violated, I will pursue all criminal and civil claims, including any and all punitive damages, allowable by federal and state law against your company.

Failure to respond, in writing, and in a timely manner, will serve as a waiver to any and all of your claims in this matter and that this matter is permanently closed. Please provide the requested information or correct your records and immediately request the removal of this invalid debt from all sources to which you may have reported.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be retained should further action become necessary. This is a request for information only, and is not a statement, election, or waiver of status.

I look forward to your timely response.

Best regards,

Jane Doe

Moderator Emeritus
HappyDays
Posts: 7,326
Registered: ‎06-18-2007

Re: Disputed account won't go away! Please help!

[ Edited ]


butterfli78 wrote:
I have a collection account that I have disputed several times, and the CRA's always come back stating that it was verified. This CA is very nasty and has threatened me on several occasions. I have asked about 30 times for them to send me a statement showing what exactly I owe (this is for a past property we rented), and have yet to get anything. I found the letter below on one of the threads and was wondering if this would be the letter to send to them to make them either verify with me the debt, or delete it. Also, do I send a copy of this letter to the CRA's, or do I wait to see if they respond and then send the information, showing the CMRRR to the CRA's? Thanks for your help!
 

August 26, 2007

 

Jones Collection Agency

222 1st Street

Noplace, FL33333

 

Re:      Account #:                   5555555

            Original Creditor:         Smith & Smith Corp

Dear Sir or Madam:

This letter hereby notifies you that the validity of this debt is in dispute. In an attempt to validate this debt, I am requesting evidence of this debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such substantiation, under federal and state law you must correct any erroneous reporting to any and all credit reporting agencies

In accordance with Section 809 of the Fair Debt Collection Practices Act, Fair Credit Reporting Act and corresponding case law, please provide me, in writing, the following information:

  1. A copy of the alleged original contract or other instrument bearing my signature
  2. Complete account history, including, all statements, records of all activity, payments, collection attempts, and any charges added for collection activity; In short, any and all documentation pertaining to this account
  3. Evidence of your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter
  4. Evidence that your company is registered as a consumer collection agency in the State of Florida

Additionally, until full validation is provided, all representatives of your company, or any affiliated company, must immediately cease & desist all attempts to collect the aforementioned debt. Failure of your company to comply with this request will be a violation of the Fair Debt Collection Practices Act and will directly result in a complaint filed with the Federal Trade Commission and the State of Florida Attorney General's office. Please be advised, should this request be violated, I will pursue all criminal and civil claims, including any and all punitive damages, allowable by federal and state law against your company.

Failure to respond, in writing, and in a timely manner, will serve as a waiver to any and all of your claims in this matter and that this matter is permanently closed. Please provide the requested information or correct your records and immediately request the removal of this invalid debt from all sources to which you may have reported.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be retained should further action become necessary. This is a request for information only, and is not a statement, election, or waiver of status.

I look forward to your timely response.

Best regards,

Jane Doe



good letter BUT C&D  I would leave out. IF they want to sue they can & not notify you in advance (except serve you)
 
If this is concidered open or closed contract in Fl. makes a difference. Find out what it is.
Opened SOL is 4 years    closed is 5 years......If you are past SOL they can not sue.
 
NEVER TALK TO A CA.....everything CMRRR....copy everything!
The CRTP doesn't change ...it will remain on CR for 7-7.5 years from DOFD
 
There is no law stating that a CA must respond to a DV letter. If you do not get anything in return (30 days) from  date of receipt...complain to FTC  www.ftc.gov     Also see if you can get help from the AGs office or whatever state dept. handles it.
 
It will do no good to keep disputing with the CRAs   YET.
 
DO NOT SIGN DV LETTER!!!!! type everything!  the only thing that you might sign for is disputes to CRAs   no one else


Message Edited by HappyDays on 08-26-2007 05:16 PM

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