Re: Agency Refuses to Reinvestigate

Posted by donnak (12.148.130.35) on August 18, 2003 at 15:42:06:

In Reply to: Agency Refuses to Reinvestigate posted by Gotta Love 'em on August 18, 2003 at 14:57:57:

Did experian provide you with an address of the creditor? If not then request one, and then write to them:
Your Name
123 Your Street Address
Your City, ST 01234

ABC Collections
123 NotOnYourLife Ave
Chicago, IL

Date:

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

I have been the victim of identity fraud, and I believe this debt is one of the debts which resulted from my identity theft and was falsely taken out in my name. This letter is being sent to you in response to your attached letter. This is not a refusal to pay, but a notice that your claim is disputed.

Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt. Below are a few questions to answer which may help you to resolve these mistakes.

You should also be aware that reporting such invalidated information to major credit bureaus might constitute defamation of character, as the negative marks on my credit report harm my credit and prevent me from enjoying all the benefits of good credit. I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies.

In addition to the questionnaire below, please attach copies of:

Agreement with your client that grants you the authority to collect on this alleged debt
Agreement that bears the signature of the alleged debtor wherein he agreed to pay the creditor.
Any insurance claims been made by any creditor regarding this account
Any judgments been obtained by any creditor regarding this account

Best regards,

Your Signature
Your Name

Debt Validation Form
Questionnaire to be returned to me for Account #

Original Creditor's Name: ____________________________

Name of Debtor: ______________________________________

Address of Debtor: ___________________________________

Balance of Account: __________________________________

Date you acquired this debt: _________________________

This Debt was: assigned __________ purchased__________

Please indicated any credit bureaus to which you have reported negative marks:

Experian ______

Equifax ______

TransUnion ______

OC do not have to reply, but most of them do not know this, and will send you the information you request if they have it, you then need to send a copy of the letter to Experian disputing it again as not yours, both of the need to be sent Certified Return Reciept.

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