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Debt Validation Form

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Debt Validation Form

Hello all,
     Can someone read this over and tell me if this is a good debt validation form and if there are any changes that need to be made?   There is an enclosure that goes along with this as well, but I am not adding the link at the moment (I don't know if that will break forum rules or not)
 
Thanks
Steve
 

Name
Address
City, STATE ZIPCODE

Date: April 24, 2008


Collection Agency Name
Address
CITY/Town, STATE ZIPCODE

Re: Acct Ref. # XXXXX and XXXXX

To Whom It May Concern:

This letter is being sent to you in response to an alleged debt. 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. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.


What I need for you to provide for the debt validation is as follows:
1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide me with copies of any papers that show I agreed to pay what you say I owe;
4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

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:
1. Violation of the Fair Credit Reporting Act

2. Violation of the Fair Debt Collection Practices Act
3. 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 investigating 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 consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my 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.

It would be advisable that you assure that your records are in order before I am forced to take legal action.

Please read the enclosure for an opinion regarding matters such as these from the Federal Trade Commission

Best Regards,

Your Name Here.

Message 1 of 7
6 REPLIES 6
Established Member

Can I file a suit against Portfolio Recovery Services Now?

Hey All, I sent in this debt validation form to Portfolio Recovery Services, LLC. They did NOT provide me with the information I requested. What is my next move? I need help! I received this generic response from Portfolio: Dear Steven * H***: Re: Verification Information Concerning PRA Account/Refence No: 4862######### The following information is being provided in response to your recent communication concerning the account referenced above. Account Number 4862########## and its proceeds were sold, assigned and transferred by the Seller to Portfolio Recovery Associates, LLC on 10/01/2007. At the time of the sale, the Seller provided an electronic file of its business records concerning this account. According to the Seller's records, there was due and payable from STEVEN * H*** to the Seller the sum of $1442.13 with respect to the account, as of 10/01/2007, there being no known un-credited payments, just counterclaims, or offsets against this account at the date of its sale. Additional Information: Account Holder's Name Provided by the Seller: STEVEN * H*** Account holder's Last 4 Digits SSN: **** Date account opened Provided by Seller: 4/30/2002 Current Outstanding Balance: *$1465.92 *Interest continues to accrue etc.... Plus payment info if I want to pay.
Message 2 of 7
Senior Contributor

Re: Can I file a suit against Portfolio Recovery Services Now?

Read this thread:
http://ficoforums.myfico.com/fico/board/crawl_message?board.id=rebuildingcredit&message.id=4862

Specifically, use the letter in post #5 and modify as needed!!

Hope this helps!! Good luck!!!

~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*

Hubby's FICOs when we started: high 400s (June 2008)
Hubby's FICO NOW (04/06/09): TU: 679 EQ: 608 EX: ???
My FICOs: TU: 643, EQ: 606
Closed on new home: 1/20/2009 -- If we can do it, YOU can do it!!

Message 3 of 7
Established Member

Re: Can I file a suit against Portfolio Recovery Services Now?

Hey All, I mailed my 2nd DV letter (I used the letter you recommended) and I received the exact same response that I received with the first letter. Portfolio claims that "seller" provided and "electronic file" of it's business records showing I owe the debt. They still didn't provide anything I asked for on the 2nd letter and added a payment coupon to the letter (again). Is it time for the ITS portion? Help! Steve
Message 4 of 7
Frequent Contributor

Re: Can I file a suit against Portfolio Recovery Services Now?

From what I've read, if they gave you the OC, the amount due, as well as the important dates, then that may be enough to validate. Did they let the CRA's know that you disputed the account? If not, you may be able to get them removed on that technicality but submitted a dispute to the BBB and your state's AG.
Message 5 of 7
Moderator Emeritus

Re: Can I file a suit against Portfolio Recovery Services Now?

Spain you are saying * seller*    did they give the name of the OC??  
Message 6 of 7
Established Member

Re: Can I file a suit against Portfolio Recovery Services Now?

Hello, Yes they did. The seller listed is Capital One Bank. They also included debt payment instructions and a coupon (even though I asked them to cease collection). Any thoughts as to my next move? Steve
Message 7 of 7
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