Rebuilding Your Credit

[mainemedic]

I sent a DV out to a CA about a week ago.  A couple of days later I received the GC back.

Today, I received a letter from the CA along with what looks like a bill but it does seem to be lacking in information.

Would this be enough to prove validation?

Thanks

[slyhouse08]

Did you send them the Full Media Validation letter???... and what kind of bill was this???....

[mainemedic]

I originally did not know about the full media validation letter when I sent a request for DV. I sent another type of DV letter. Do you think I should another DV letter? As for what kind of bill it is I do not know. The OC is an electricity provider so I imagine that is what it's supposed to be but what the CA sent me sure doesn't look like one.

Message Edited by mainemedic on 05-27-2008 01:38 PM

[llecs]

If what they sent included a balance due, the OC name and address, then per the FDCPA they sent everything. However, some states may require more info like statements, licensing info, etc. YMMV.

I'm in VA and nothing else is required of CAs.

[mainemedic]

This bill did not include the name of the OC or address it does however include a balance due. I have seen bills from the OC as they are only provider of electrical services in my area. (Western Maine) What the CA sent me is not one of those bills.

Message Edited by mainemedic on 05-27-2008 02:07 PM

[slyhouse08]

Send them the second DV...telling them..they have not sent proper verification...

[llecs]

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mainemedic wrote:
This bill did not include the name of the OC or address it does however include a balance due. I have seen bills from the OC as they are only provider of electrical services in my area. (Western Maine) What the CA sent me is not one of those bills.

Message Edited by mainemedic on 05-27-2008 02:07 PM

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Definitely not proper validation.

[mainemedic]

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Definitely not proper validation.

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Exactly what I was thinking. I searched the site and found a few DV letter examples but I'm unsure of which one would best apply to my situation. Does anyone have a suggestion of which one I should use?

Message Edited by mainemedic on 05-27-2008 07:52 PM

[llecs]

I'd send the one below. IMO, legally, this letter isn't very good and is inaccurate, but if it compels the CA to delete, then so be it. Send it CMRRR. Don't sign.

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.

You recieved a request for validation from me on 9/18/07. You have not responded to that request in any way, and since that time you have updated information on my Experian credit report on 10/10/07 and on my Equifax report TWICE on 10/15/07.  Each of these updates constitutes a 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.

I request that all contact with me be in writing, 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 they 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. You have 5 days from the receipt of this letter to remove this account from any and all reporting agencies, or a complaint to the FTC will be immediately filed for each and every violation from 9/18/07 until this issue is resolved. It is common knowledge that your company often violates these laws and I have no doubt that if I choose to litigate that you will be held liable for your actions. It is my hope that you will comply with the law in order to avoid the hassle.

Thank You,

TYPE NAME

[mainemedic]

I'll print the letter out and pay a visit to the post office tomorrow. Hopefully they will delete the TL of course they could call my bluff and tell me to sue them or worse they sue me YIKES! Anyone know how bad Solomon & Solomon is? Anyways, thanks for all your help