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Letter in the mail need help ....

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WhiteJD41
New Contributor

Letter in the mail need help ....

I have received a letter from Nationwide Credit INC. with the following i will also provide a copy of the pdf i sent the CA. I need some help to figure out what to do because it is on my credit report thanks everyone.

 

 


Message 1 of 17
16 REPLIES 16
newmomnewme
Valued Contributor

Re: Letter in the mail need help ....

This seems strange. They obviously don't want to agree to PFD in writing....you take a chance and re-send the PFD with the information from your credit report or write them again? This is tricky....BUMP!

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Message 2 of 17
mo6579
Contributor

Re: Letter in the mail need help ....

I'd suggest sending them a copy of only their listing in your credit report. I believe it is important to respond with the reasonably requested information so that they do not dismiss your dispute as frivolous.

Maybe something like this:

 

=================================

To: Nationwide Credit, Inc.

      Their address...

From: Your Info

 

RE: Your letter dated November 18th, 2013

 

 

This letter is to acknowledge receipt of your November 18, 2013 reponse to my settlement offer and dispute dated XX/XX/XXXX. Per your request for further information, I have attached a copy of the relevant listing in my credit report for your review. Additionally, I extend my original offer an additional (15) days from your reception of this letter so that you can sufficiently review/locate the alleged account and more vigorously consider my offer.

 

WhiteJD41

 

Enclosed: Your letter dated 11/18/2013; Copy of relevant listing.

CC: File

=================================

Current Fico08 TU:654 EX:641 EQ:650 (01/31/2015)
Current Fico04 TU:??? EX:695 EQ:675 (01/31/2015)
03/2013 - TU:567 EX:490 EQ:540
Message 3 of 17
Anonymous
Not applicable

Re: Letter in the mail need help ....

What you recieved is a stall tactic and if you fill that form out and send it in you might as well feed yourself to the wolves.  Send a DV CMMR.  If they cannot come up with evidence of debt the account cannot be reported.  

Message 4 of 17
WhiteJD41
New Contributor

Re: Letter in the mail need help ....

how about this DV letter sounds good to me just getting your opinions

 

Date

 

Your Name

Your Address
City, State Zip

 

Collection Agency
Collection Agency Address
City, State Zip

 

Re: Acct # XXXX-XXXX-XXXX-XXXX

 

To Whom It May Concern:

I am sending this letter to you in response to a notice I received from you on (date of letter). Be advised, 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 office provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

  • What the money you say I owe is for;
  • Explain and show me how you calculated what you say I owe;
  • Provide me with copies of any papers that show I agreed to pay what you say I owe;
  • Provide a verification or copy of any judgment if applicable;
  • Identify the original creditor;
  • Prove the Statute of Limitations has not expired on this account;
  • Show me that you are licensed to collect in my state; and
  • Provide me with your license numbers and Registered Agent.

If your offices have reported invalidated information to any of the three major Credit Bureau's (Equifax, Experian or TransUnion), said 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, 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 consult with my legal counsel. This includes 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 or correspondence sent to 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. This is an attempt to correct your records; any information obtained shall be used for that purpose.

 

Best Regards,

Your Signature
Your Name

 


Message 5 of 17
Anonymous
Not applicable

Re: Letter in the mail need help ....


@WhiteJD41 wrote:

how about this DV letter sounds good to me just getting your opinions

 

Date

 

Your Name

Your Address
City, State Zip

 

Collection Agency
Collection Agency Address
City, State Zip

 

Re: Acct # XXXX-XXXX-XXXX-XXXX

 

To Whom It May Concern:

I am sending this letter to you in response to a notice I received from you on (date of letter). Be advised, 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 office provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

  • What the money you say I owe is for;
  • Explain and show me how you calculated what you say I owe;
  • Provide me with copies of any papers that show I agreed to pay what you say I owe;
  • Provide a verification or copy of any judgment if applicable;
  • Identify the original creditor;
  • Prove the Statute of Limitations has not expired on this account;
  • Show me that you are licensed to collect in my state; and
  • Provide me with your license numbers and Registered Agent.

If your offices have reported invalidated information to any of the three major Credit Bureau's (Equifax, Experian or TransUnion), said 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, 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 consult with my legal counsel. This includes 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 or correspondence sent to 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. This is an attempt to correct your records; any information obtained shall be used for that purpose.

 

Best Regards,

Your Signature
Your Name

 


Don't send that. You are asking for things they do not have to furnish but are also giving them timelines and including a cease and desist all in one.  It is also threatening.

 

A simple DV is all it takes.  "You are collecting on an alleged debt, account #_____.  Per FDCPA 809 please validate.  Include the name and address of the original creditor and an itemization of the debt".

Message 6 of 17
ianl33t
Contributor

Re: Letter in the mail need help ....


@WhiteJD41 wrote:

how about this DV letter sounds good to me just getting your opinions

 

Date

 

Your Name

Your Address
City, State Zip

 

Collection Agency
Collection Agency Address
City, State Zip

 

Re: Acct # XXXX-XXXX-XXXX-XXXX

 

To Whom It May Concern:

I am sending this letter to you in response to a notice I received from you on (date of letter). Be advised, 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 office provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

  • What the money you say I owe is for;
  • Explain and show me how you calculated what you say I owe;
  • Provide me with copies of any papers that show I agreed to pay what you say I owe;
  • Provide a verification or copy of any judgment if applicable;
  • Identify the original creditor;
  • Prove the Statute of Limitations has not expired on this account;
  • Show me that you are licensed to collect in my state; and
  • Provide me with your license numbers and Registered Agent.

If your offices have reported invalidated information to any of the three major Credit Bureau's (Equifax, Experian or TransUnion), said 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, 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 consult with my legal counsel. This includes 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 or correspondence sent to 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. This is an attempt to correct your records; any information obtained shall be used for that purpose.

 

Best Regards,

Your Signature
Your Name

 


I agree with guiness. It is a very harsh sounding letter and asks for things they do not have to do. Keep it simple and straight-forward. I find that works the best overall, especially in matters such as these. Think about it as if you were the person on the other end reading this.



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Message 7 of 17
RobertEG
Legendary Contributor

Re: Letter in the mail need help ....

In my opinion, the first sentence of your prior letter clearly disputed the validity of the debt, and thus could be interpreted as a DV.

Thus, it is questionable as to whether they are now under a cease collection bar, and thus unable to conduct any negotiations on the debt, including a PFD offer.

I would not recommend including any statement of dispute of the debt in a PFD offer.  It's sufficient to simply state that your letter is not an acknowledgment of the asserted debt.

 

If they did not interpret your prior letter as a DV request, then any DV at this point would be untimely.

Their statement that their response was an attempt to collect a debt infers that they dd not consider it to be a DV, and thus are continuing collection activities.

 

As for a stalling tactic, they had no requirement to even respond, so I see no issue of their stalling.  Rather, it is an indication that they may be willing to negotiate.

I would provide the info they reported to, and is shown in, your credit report.

 

i concur that demands for their acceptance procedure are more apt to hinder than promote their good will acceptance.

 

 

 

Message 8 of 17
WhiteJD41
New Contributor

Re: Letter in the mail need help ....

how about this ? with a copy of the collection on my credit report ?

 

Nationwide Credit, INC

2002 Summit Blvd. Ste. 600

Atlanta, GA 30319

 

 

You are collecting on an alleged debt, account # XXXXXXXXXX.  Per FDCPA 809 please validate.  Include the name and address of the original creditor and an itemization of the debt. Here is a copy from my credit report.

 

Please send any correspondence to:


Message 9 of 17
Anonymous
Not applicable

Re: Letter in the mail need help ....


@WhiteJD41 wrote:

how about this ? with a copy of the collection on my credit report ?

 

Nationwide Credit, INC

2002 Summit Blvd. Ste. 600

Atlanta, GA 30319

 

 

You are collecting on an alleged debt, account # XXXXXXXXXX.  Per FDCPA 809 please validate.  Include the name and address of the original creditor and an itemization of the debt. Here is a copy from my credit report.

 

Please send any correspondence to:


Don't add anything to the letter.  They know they are collecting a debt.  It is their job to validate, not yours.

Message 10 of 17
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