I DVed (a copy of the DV is at the bottom of this post), the CA (Alpat) responded with nothing except the original statement/invoice from the original creditor. This statement has my name, my phone number, my email address, and my physical address on it. However the CA failed to include any other type of validation. This account still shows up on my credit reports. Is this adequate validation? What should I do now?
Original letter:
Re: Alpat Collections Account # xxx
United States Certified Mail #: xxx
February 8, 2008
To Whom It May Concern:
When I recently pulled my credit bureau reports, I discovered that Alpat claims I owe it $866. Be advised that this is a notice sent pursuant to the
Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that Alpat’s 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 Alpat Co Inc 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 Alpat 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 Alpat was hired by the original creditor (creditor as defined by the FDCPA)
• A copy of the contract for the alleged debt that Alpat purchased
• Proof that Alpat is bonded/licensed for debt collecting in Pennsylvania.
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Alpat is asserting regarding this alleged debt. If Alpat can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from Alpat as well as all credit reporting bureaus including Experian, TransUnion, Equifax, etc . If Alpat CANNOT validate its claim, it CANNOT, by law, collect on it or SELL it to another collection agency. Also, reporting a debt that cannot be validated to the credit reporting agencies is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me.
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 to or from 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.
PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
Regards,
Message Edited by theduke on 02-25-2008 11:48 AM
Many of the demands in your letter are not entirely accurate statements of the law -- they are possible interpretations of the law. Read the statute, you will see what I mean.