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Regular Contributor
kiyahsmom
Posts: 179
Registered: ‎03-11-2008
0

Lonnester letter ?

[ Edited ]
Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. 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.
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 Debt Collection Company Name 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 Debt Collection Company Name 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 Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. 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,

Your Name (TYPED

I sent this letter to AFNI for a fraudulent nextel(sprint) account. What they sent me back is a bill from March of 2003. From the looks of the bill it never had any amount paid of the 3527 owed. Nothing on the bill from from nextel that connects it to me accept for my name. On the AFNI letter head page they don't have my ssn just a creditor account #. I posted about this on thursday and on friday I contacted sprint,who informed me that this bill is with a CA and i needed to contact them. Now I know that Timothy says this is proper validation, but don't they need to provide me with a signed contract or something to show that they have proof this is mine besides one bill? I'm not sure what to do now, but i know this letter is asking for more than that. Even the response letter from them starts off by saying " this letter confirms the original creditor and balance of your account". That's all they have provided. Can someone please give me some guidance on how to handle this now?

Message Edited by kiyahsmom on 05-25-2008 04:43 PM

Message Edited by kiyahsmom on 05-25-2008 04:43 PM

Message Edited by kiyahsmom on 05-25-2008 04:51 PM
Moderator Emeritus
HappyDays
Posts: 7,326
Registered: ‎06-18-2007
0

Re: Lonnester letter ?

IMO  the best way to handle this is.........file a police report *ID THEFT*    send a copy of the report to all CRAs reporting and to the CA     CMRRR
 
In the DV letter  NO  they do not have to send all info.   BUT  if they were to file a lawsuit  they would have to have most of the info. in order to get a judgment. You would have to appear in court & ask for it!     Most CAs do not have this info.
Valued Contributor
stef37
Posts: 2,205
Registered: ‎12-06-2007
0

Re: Lonnester letter ?

Maybe I misunderstood Timothy when he answered your post about this, but I was under the impression he DID NOT think it was proper validation?
New Contributor
hunnybunnz
Posts: 106
Registered: ‎07-31-2007
0

Re: Lonnester letter ?

I was in a similar situation.  However, the OC sent me a letter with intent to delete the complete file.  Which they did.
Regular Contributor
kiyahsmom
Posts: 179
Registered: ‎03-11-2008
0

Re: Lonnester letter ?

OK today i called sprint again and spoke with the fraud department. I was informed that this bill was opened in 1/2001 and wasn't closed until 3/2003. There was never a payment made to the account and the csr was confused as to why it stayed opened so long. she also informed me that in order to have it removed from my cra i would have to dispute it with sprint first, not the ca or cra. I did this back in 3/2007. I was instructed to pull up a theft affadavit and send it overnite. she said it takes 48 hours to investigate and complete. why couldn't the other csr be so polite. i'm wondering where this is gonna take me now. Keep ya posted.

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