Collection from EOS CCA (ATT) question.
10-27-2012 08:44 PM
I have a debt I do owe to ATT for $600 from back in late 2008 early 2009.
It first showed up 03/2009 on my credit report all 3 CRAs. I then noticed in late 2011 there were two collection accounts from ATT. So I took some advice from a forum and disputed them as a duplicate, they were both deleted for over 5 months. credit score went from 629 to 731.
Now today I recieved a letter from EOS CCA saying that I owe them 600$. I checked the 3 CRAs, yep! All three have the debt reported.
What should I do now. A PFD or a DV? I know I messed up, I lost my job, and could not pay the bill. I would like to be done with all of this.
Should I send this letter in? or a PFD
City, Zip State
700 Longwater Drive
Norwell, MA 02061
Re: # (Enter the file name here)
Sent by Certified Mail Return Receipt Request #: xxxx-xxxx-xxxx-xxxx
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me dated (write the date here). 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.
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. Be advised that this letter constitutes a timely request for validation of debt as mandated byFDCPA. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
• 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.
• Itemized account of the alleged debt, as established by Fields v. Wilber Law Firm, P.C., 383 F.3d 562, 564-66 (7th Cir. 2004)
• 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.)
• Intimate knowledge of the creation of the alleged debt by you, the collection agency
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:
• Violation of the Fair Credit Reporting Act
• Violation of the Fair Debt Collection Practices Act
• 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 file suit against you without further notice. If you make a “hard pull” on any of my credit reports and cause my FICO score to drop, you will be sued without further notice.
I would also like to request, in writing, that no telephone contact be made by your offices to my home, cell phone or 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.
Your next contact with me should either be:
I. notice that you believe that this debt is valid and are providing therein documented proof of my responsibility, or
II. notice that your firm andor the alleged original creditor has failed to provide appropriate verification of the alleged debt andor proof of transfer, and that the matter has been closed.
Furthermore, if the former, please also provide demonstration that your firm is licensed to collect in my state, and provide me with your license numbers and Registered Agent. Failure to comply with the above, or any further lack of communication for 30 days from receipt of this notice, shall constitute waiver of claim and release of obligation.
Please note that should you be in possession of any privileged, private, andor confidential personal information, including but not limited to financial data, it will constitute a violation of the Personal Data Information Privacy Act to sell, transfer, release, or disclose any such information to any unauthorized third party without my explicit prior consent.