I sent email to the following addresses (I used the BCC so they couldn't see that I had emailed everyone). I used the following message (a variance on letters I have found here and other forums) :
EDITED
hr@ccsusa.com,EDITED
Edited
CCS
Two Wells Avenue
Newton, MA 02459
9/30/09
RE: Account ending in 2423
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.
As of 8/26, when you sent the attached letter, you have refused to validate this debt. Therefore you are in violation of FDCPA.
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, as this debt is invalid and you are breaking the law.
I request that all contact with me be through email or fax, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:
* Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
* Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.
* Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
* Intimate knowledge of the creation of the debt by you, the collection agency.
As you are already in violation, I expect all reference to this account be deleted from my credit report, as this entry and any update of such entry will be considered another violation. I will allow one business day from the timestamp of this email before holding CCS legally accountable for Civil damages. Last time I reviewed the FCRA, it was $1,000 in Civil damages per violation in addition to any punitive damages, attorney's fees, and court costs.
Thank You,
daniel 6809, SSN XXX-XX-XXXX
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I got an email back in a few days saying they would delete and tried to blame it on me. Bottom line, it got the job done after calling, writing, faxing, etc. Didn't work.
Daniel6809, posting of others' personal info is a no-no on this forum. In the future, feel free to provide a link to this info (so as long as the link doesn't violate the TOS of this site) or offer up the suggestion for anyone to PM you directly for this info.
