My friend and her husband are having trouble with a CA and they thought they had disputed the account when talking to them on the phone. I had told them that from what I read on here, that they could not call, try to collect, report, etc while it is being disputed until they validated. The CA called today, a computer call, and they returned the call. She informed the CA that by continuing to call before validating was a violation of their rights, the representatives response was "so what are you going to do about it?" with a little chuckle.
She got online and read about some things and said that the way she interpreted the FDCPA was that it was against the law for them to even discuss her husband's debt with her. Is this true?
She wrote a letter(from her husband to the CA) by modifying a DV letter I gave her from here.....if it isn't against the law for the CA to discuss her husband's account with her then she'll obviously have to revise........but could someone give some input on the letter. I thought she should go with the standard DV letter, but she is peeved.
CERTIFIED MAIL #:
Name
Address
City State Zip
Vital Recovery
3795 Data Drive Suite 200
Town, State ZipCode
February 13, 2008
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me and as a response to the telephone conversation my wife had with a representative of Vital Recovery on February 6th, 2007 and February 13th, 2008. Be advised that this is 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.
On February 6th my wife spoke with a respresentative to obtain the mailing address of your business and to notify your office that this debt was being disputed. The representative stated that the dispute had been put in the system and I would be hearing something from your offices. The only thing I heard after this was a pre-recorded telephone call on February 13, 2008. My wife returned the call and was greeted by a not so professional representative who really did not seemed to care whether the debt had been disputed or if your company was violating any of my rights. My wife was then transferred to, as your representative put it, “the big man” who told her that per the FDCPA, the dispute must be in writing and that they could not accept a dispute from her. Upon doing some research, I found this information to be true. I also found it to be true that the FDCPA also states that my debt is not to be discussed with anyone other than myself, and on both occasions your representatives discussed my debt with my wife.
As “the big man” requested, this is my official dispute of this debt. This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Vital Recovery for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Vital Recovery for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Vital Recovery purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Vital Recovery and myself, signed by me, stating that I have a contractual responsibility to Vital Recovery for the alleged debt
• Provide proof that Vital Recovery is bonded/Licensed for debt collecting in the State of Missouri
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Vital Recovery is asserting regarding this alleged debt. If Vital Recovery can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Vital Recovery. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. 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 United States Postal Service.
Best Regards,
Name typed not signed
Edited to add: This is truly not their debt, they aren't just trying to get out of paying it.
Message Edited by Bum on
02-13-2008 03:05 PM
