First thing you want to do is stop talking to them on the phone!!!!! You will only accept communication in writing, period!
Second thing you want to do is DV each of these collectors - no more offers to settle until they produce paperwork.
Third, track down if Collectors must be licensed in your state and also your state's SOL - both where you lived when you opened the account and where you live now.
I just used this DV for a class and also for a friend:
Midland Credit Management
5775 Roscoe Ct
San Diego, CA92123-1356
Re: Acct Ref. # *******
To Whom It May Concern:
This letter is being sent to you in response to noticing an entry by your company on my credit reports. 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 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 to all of include the following:
- What the money you say I owe is for
- Copies of any papers that show I agreed to pay what you say I owe;
- Verification or copy of any judgment, if applicable
- Identify the original creditor;
- Proof that you are licensed to collect in my state by providing your license numbers(); and Registered Agent’s Name and Address
- Proof that your company owns the debt/or has been assigned the debt. (Proof showing you are legally entitled to collect this particular debt from me.) This is basic contract law.
- Payment history to include: my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been added onto this debt and how you/they determined these fees. This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
- A Copy of the original signed contract, loan agreement or credit card application. This is also basic contract law.
At this time I will also inform you that if your offices have reported unvalidated information to any of the Credit Bureaus, 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
If your offices are able to provide the proper documentation as requested, I will require at least 30 days investigating 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 or any information sent to a credit reporting repository that could be inaccurate or unvalidated 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.
All future communications with me MUST be in writing and sent to the address noted in this letter by USPS. There is to be no telephone contact initiated 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
- calls and/or correspondence sent to or with any third parties
I will view this as harassment and I will have no choice but to file suit.
Best Regards,
TYPE YOUR NAME - DO NOT SIGN!
