PFD Backfired

[Anonymous]

LOL!   fornicate off and die eh?

[Anonymous]

FOAD.  Clever.  We can hope.

Here's the draft text of my letter to the CA.  Please let me know any thoughts.

I am in receipt of your letter dated May 7, 2007, claiming accounts due for alleged NSF checks with [Merchant].  Kindly provide validation – including copies of the alleged dishonored checks – pursuant to the Fair Debt Collection Practices Act.  Additionally, your letter threatens that nonpayment may result in legal action to collect the debts allegedly owed and additional fees as authorized by ORS 30.701.  The laws of the State of Oregon are not relevant to this matter, as your allege transactions occurring wholly within the state of Washington.  The Fair Debt Collection Practices Act makes the use of false or misleading representations with regard to threats of legal action illegal (15 USC 1692e §807(4)) and subject to civil penalties exceeding the amount of the debts alleged.  I wonder if you’d perhaps prefer to settle this matter by writing off in full the amounts you allege as due to you and removing all entries permanently from my credit report with regard to these items, in exchange for which actions, I will waive my right to pursue legal remedies under the FDCPA for your misconduct.

I appreciate your kind assistance and look forward to your prompt reply.

[Boswd]

I would replace " I'm wondering if we could"   to  I hope we can

[Anonymous]

Boswd,

It is true that one must DV a CA within 30 days of receiving notice, but it sounds like the OP just received this letter recently. However, I could be reading that into the post.

As for whether they will assume the debt is yours or not, well, people are free to assume all kinds of things. But I would note that the law doesn't support that presumption for the collection of a debt. See § 809(c)

http://www.creditinfocenter.com/legal/FDCPA.shtml#809
The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

[Anonymous]

mattwarner,

See my post on DV. Simple DV letters work best, IMHO.
http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=4328&query.id=1509...