I would DV both CA's immediately with this letter from Happy Days posts. You need to send CMRRR. DO NOT SIGN ANYTHING!! PRINT OR TYPED NAME ONLY!! Wait 30-35 days from the date they receive your letter and then dispute with CRA's. If they verify with CRA's after the 30 days without providing proper validation, then they are in violation of FDCPA laws, and you can sue them for each violation. If any of the CRA's verify your dispute after the DV time frame, then send MOV letter to CRA's I have also included MOV letter sample from Happy Days. Hope this helps. Good Luck!!!
DV Letter
CERTIFIED MAIL #: _______________________________________________________
Your Name
Your Address
YourTown,, State ZipCode
Debt Collection Company Name
Their address
Town, State ZipCode
Date:
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 ONLY TYPE YOUR NAME
MOV Letter
Example letter:
FCRA Section 611(a)(1)(A)clearly states that upon receipt of a dispute Experian is to perform an investigation. Oviously, this did not hold true of my dispute of xx date. On xx date I received notice from Experian that my dispute had been "previously investigated". According to the FCRA, this is not an option.
Because of your blatant disregard for the FCRA, I am demanding that the disputed tradelines be deleted from my credit report. I am guaranteed, by law, that you will report with 100% accuracy and that any account I dispute will be investigated. You have proven that this cannot be done.
You now have 5 days from your receipt of this letter to remove the previously disputed accounts from my credit report. Be advised, that my attorney has in his possession all the letters and supporting documentation regarding this matter. If the accounts in question are not deleted he will file suit in Federal Court.
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