Send the letter below to the CA. I would also send to CRAs and dispute. If they are not going to DV, then they must cease all collection activities, which includes reporting to the CRAs.
Company
Address 1
Address 2
City, State Zip
Date
RE: Account XXXXX-XXXX-XXXXX
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.
As of ( DATE that they received your letter) You have refused to validate this debt.Therfore you are in 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, as this debt was PAID in FULL (year)
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 he 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.
Thank You,
TYPE YOUR NAME.....DO NOT SIGN
Starting Score: 469
Current Score: 824
Goal Score: 850
Highest Scores: EQ 850 EX 849 TU 850
Take the myFICO Fitness Challenge
Company
Address 1
Address 2
City, State Zip
Date
RE: Account XXXXX-XXXX-XXXXX
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.
As of ( DATE that they received your letter) You have refused to validate this debt.Therfore you are in 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, as this debt was PAID in FULL (year)
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 he 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.
Thank You,
TYPE YOUR NAME.....DO NOT SIGN
Starting Score: 469Current Score: 824
Goal Score: 850
Highest Scores: EQ 850 EX 849 TU 850
Take the myFICO Fitness Challenge
Good luck. I liked to have NEVER got rid of them for a bill I didn't even owe. I had to go to the OC to get rid of it. AFNI even dared me to TRY to get them deleted from the CRA's. I even paid the bill, mistakenly thought it was a cable company I could have owed, but not likely. My sister-n-law is the manager of the cable company I had and always "took care of" my bills, so, I was pretty sure I didn't owe, but thought maybe she missed a month of taken care of the thing. I tried to call her, at the number listed on my credit report and to my surprise, it was a company I had never had service with. I was transferred all the way up the ladder to one of the CEO's, after attempting to input addresses, names, social security number, the account number listed, they could absolutely not find anything belonging to me. It was off my CRA's that month and I have yet to see AFNI re-insert them either. They are really horrible people to deal with. I was screamed at, sworn at, put on hold forever. I feel sorry for anyone having to deal with them! I did not know about these forums then. I wish I had. I think this CA is the very reason they say never speak to anyone at a CA
But I am living proof, that they CAN be deleted, regardless of how ruthless they want to be.
And type your name at the end, instead of signing it, lest it magically appear on a brand-new signed agreement that you've never seen before. 