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Critique my response to a CA for a DV

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Anonymous
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Critique my response to a CA for a DV

To Whom It May Concern:
This letter is being sent to you in response to your letter dated May 6, 2009 from XXXXXXXX. As I stated on my previous letter to you, I requested Validation of the debt. Two pages with pure text is something I can generate myself in less than 5 minutes. I do not consider what you sent as a validation of the debt. The burden is on you to demonstrate the debt is mine, and in my opinion you have failed to do so. Regardless, I am willing to offer full payment for deletion ($104.66) of this tradeline off of my credit reports.

I offer this  with the knowledge you are NOT surety bonded in the State of Texas with the Office of the Secretary of State as required by law (Texas Finance Code Sec. 392.101. Violation of this specific subsection carries civil remedies of monies  and punitive damages to be paid to me. You are in violation of Texas Finance code Sec. 392.101.)  I notified you of this responsibility you have with regards to surety bond in my previous letter. This offer of payment for deletion is good for 72 hours after receipt of this certified letter. If after the 72 hour time period, I will file complaints with the Texas Attorney General, FTC and BBB. I will also initiate court action to recover monetary damages incurred from this tradeline that is illegally being sought after in the State of Texas. I can claim up to 10,000 for punitive damages.

Be advised that offering this is not an admittance to being responsible for the debt, I still consider it not validated. This is only done for expedience in removing this item from my credit reports. If you agree to the terms stated above, full payment for deletion, I will forward the payment to you via Certified Check within 48 hours after receipt of a letter stating that you accept the following:

•    After payment is made, full deletion from all credit reports will be enacted immediately and without fail.
•    I will also receive a letter from you stating that the debt is settled in full, the matter is closed and full deletion from all credit reporting agencies has been performed.

If the time period stated (72 hours) passes with no answer, I will begin the process to recoup damages, file with the Texas Attorney General, FTC and Better Business Bureau. To better give you access to contact me in a timely manner, I have included my email address below my name. I ask nothing more than common sense. I can recoup 100 times what is owed and you are already in violation of the above referenced section. I prefer to reach a amicable settlement as stated above. It is a win-win situation for all involved though only I have had to suffer any negative consequences……..so far.

PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
Message Edited by Integrator on 05-17-2009 10:28 AM
Message Edited by Integrator on 05-17-2009 10:31 AM
Message 1 of 4
3 REPLIES 3
Anonymous
Not applicable

Re: Critique my response to a CA for a DV

Few comments... how are they going to notify you within 72 hours?

 

Are you willing and ready to do the things you have stated in your letter?

 

This is more of a PFD/ITS combined letter than a DV.

Message 2 of 4
Anonymous
Not applicable

Re: Critique my response to a CA for a DV

They already sent the response to the DV letter. I found the contents of what they state as proof to be a joke to say the least. I can generate the proof they provided in under 5 minutes. It was nothing but a list of plain text on two sheets of paper with no mention of my address or SSN. Just amounts for services rendered. I have nver lived in Indiana or even been there and this debt is out of a CA that is not bonded in Texas. Also, this is from some form of medical treatment that I of course have never had from a hospital in Indiana.

 

I will provide them my email to provide that response in 72 hours.

 

I am fully prepared to take them to court. My lawyer suggests forgetting even doing this letter let's just go to court. I am not dumb, the lawyer wants money as much as anyone.I was lucky enough to have a nationally recognized consumer lawyer based out of my town.

 

As far as a ITS/PFD letter, you hit the nail on the head. I fully intend to sue if they do not accept the terms and I will have it filed after 72 hours of no response. Texas Finance Code is not friendly to out of state anything without a bond. This letter is a response to their response to my DV letter.

Message 3 of 4
Anonymous
Not applicable

Re: Critique my response to a CA for a DV

Because this is related to a medical debt, I am moving your thread over to the medical debt board. Let one of the experts over there chime in.
Message 4 of 4
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