Re: Validation of paid chargeoff ?

Posted by lenny (162.39.139.172) on August 20, 2003 at 07:54:26:

In Reply to: Re: Validation of paid chargeoff ? posted by lenny on August 19, 2003 at 23:16:52:

here's my first draft to try to send this company Feel free to disect. If this was not paid then I would feel more solid in a lawsuit or settling.
TO: Collection Manager

Reference Account 330513

Thank you for the recent letter with an enclosure from my first attempt at asking
you to verify this debt back in February. I had misplaced this item and as such didn’t have
a copy of it as evidence. I will make try to make this clear to avoid any possibility of a
misunderstanding.
The letters that you have sent me with a printout from your company software
does not prove adequate validation. I can print out something also that looks professional.
Per the FDPCA adequate validation is a copy of the original signed contract or promissary
note. You have not provided this within 30 days so I believe that this is a violation of the
FCRA for which a fine may be awarded if proven that you have failed to comply.
I have requested and do so now if there is a misunderstanding, a copy of your
authority to have collected this debt. This has been proven that a signed contract with you
and your client stating that you have this authority will suffice. You have not done so at
my request but to avoid misunderstandings later, I ask you again for this information as
required to be furnished by law.
I see that you had pulled my credit report without any authority to do so when I
had first requested you to comply with the law. Only for collection purposes may my
credit be pulled by a collection agency is the way that I understand the law.
You have failed to mark this account in dispute so this is another violation of the
law as I understand.
I do not want any money returned to me as I do not have any knowledge of this
debt. I will be fair and try to clear this up amicably yet once more. Perhaps you may have
me mistaken with someone else named john doe. My son who is 18 lived at one of
the addresses given also has that name. I am divorced and do not live there and have not
for quite some time.

Please find attached my requests that, By Law, must be provided to me at my request.
Please show me proof as required by law that this debt paid or not was actually
mine as this is having a derogatory impact on my credit rating and I have been denied a
favorable mortgage rate due to the entries by your company.
Please furnish the proof as required by law giving you authority to have collected
this debt. This is expected to be a signed contract with yourself and the original creditor.
Please furnish a copy of your bond and license for collecting this debt in the state
of Colorado.
Please provide me with copies of your correspondence to me that you have
mentioned in your February letter as I do not have any of these.
Please provide me with the full name and contact address of the person who
processed this payment for this debt.
As I have been more than patient in asking you to comply with the laws governing
these actions taken by your company that you have ignored, I will give you only 30 more
days to respond to this letter. This has cost me money and time and some unfavorable
interest rates for various loans. I will then seek litigation and ask our judicial system for
assistance in having your company to comply with the law. I will also request that all
penalties,fines and damages applicable be awarded. If I receive notice in writing that you
are removing all derogatory reporting to include your inquiries to ALL credit reporting
agencies immediately which I assume within 15 days of notification, then I will be happy
to drop this matter completely.

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