Their letter reads:
The above mentioned account has been placed with Certified Recovery Systems "CRS" Inc. for collection. It is our intention to resolve this seriously delinquent matter on an amicable basis. However, prior to proceeding with any further collection processing, we feel as though you deserve the opportunity to settle this problem. You may call CRS and we can take a check over the phone, or you can pay by check or credit card at (their web address).
Unless you notify this office within 30 days after receiving this notice that you dispute the validity of the debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will obtain verification of the debt or obtain a copy of a judgement against you and mail you a copy of such judgement or verification. if you request this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor.
This is an attempt to collect a debt by a debt collector and any information obtained will be used for this purpose.
To that end, this is considered a dunning letter, right? Aren't they suppose to send this to me prior to reporting to the CRAs? I'm assuming that I should reply with a DV letter. How's this one:
To Whom It May Concern:
The purpose of this letter is to dispute the validity of this debt. I am not sure if the account number referenced above is inclusive of all the account numbers. I pulled my credit bureau report, and I discovered that you claim I owe you a debt. Under § 809 of FDCPA, I am requesting validation of the debt, which includes a copy of the debt or judgment for which you are collecting.
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 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. Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act, or activities not in accordance with the Fair Credit Reporting Act, to be a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself.
Please address all correspondence regarding this account to the following:
Name
Address
City, TX Zip
Thank you for your prompt attention to this matter.
Sincerely,
EQ. Starting Score 08/19/12: 545