I received a CA notice for debt that I thought already paid in full to a different CA.
Please let me know if my DV letter below looks good?
What should I send as documentation of my payments made? Should I include an image of the check sent to another CA and the last bill from the dentist?
Also this may be a dumb question but I got this letter off the web and I am not sure what NCO/AIS means in #10 and #13. Does anyone know?
Capital Accounts
10/14/2009
Dear Collection Manager,
Re: Account Number: XXXXXX
This letter is being sent to you in response to a notice sent to me on 10/08/2009 for a debt of $99.54 that you are trying to collect. 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.
To the best of my knowledge, all payments have been made and this account should not have any outstanding debt. The last payment due I had from this dentist was in the amount of $246 which I have already paid to a collection agency named CMI earlier this year. This was the last amount due and I should NOT have any more payments due.
This is NOT a request for “verification” or proof of my mailing address, but 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.
Please attach copies of the following documents:
1. Agreement with your client that authorizes you to collect on this alleged debt.
2. Agreement that bears signature of the alleged debtor wherein he promises to pay the creditor.
3. Complete payment history on this account so as to prove that the debt amount you wish to collect is correct.
4. What the money you say I owe is for;
5. Explain and show me how you calculated what you say I owe;
6. Provide me with copies of any papers that show I agreed to pay what you say I owe;
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. Who is the current owner of this alleged debt?
10. If [NCO/AIS] is the current owner, when was it purchased?
11. Who was it purchased from?
12. Have you assigned the alleged debt to another entity for collection? If so, who?
13. If [NCO/AIS] has sold or otherwise transferred this alleged debt, to whom was it sold and when.
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) 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:
1. Violation of the Fair Credit Reporting Act
2. Violation of the Fair Debt Collection Practices Act
3. Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate 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 any information to a credit reporting repository that could be inaccurate or invalidated 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.
I would also like to request, in writing, that no telephone contact be made 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 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 USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.
Best Regards,
Thanks in advance
