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Re: Request validation or ignore the CA? (OC=MCI Worldcom)


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Posted by Bob3 (216.50.157.33) on January 11, 2004 at 04:57:44:

In Reply to: Request validation or ignore the CA? (OC=MCI Worldcom) posted by TJF on January 10, 2004 at 18:34:06:

I sent a validation letter to the CA for MCI. After 30days I send a 5 day validation letter and tacked on the following at the end.

I never heard from them again, and when I disputed the account a little while later they came back deleted from the "Big 3".

I also sent a copy to World Com's Bankruptcy Judge.

Now this is before coming here and talking with WhyChat et al, so some of the facts in the letter and quoting the law are "off the wall" a bit, but I wanted to sound crazy anyway and those mistakes probably helped.

I am in Texas so I can't be garnised nor my house taken, so they may have helped them figure not to bother me anymore.

+ + + + +

To Whom It May Concern,

Take the needle out of your arm. You are in violation of Federal law!

I have received your frivolous reply to my demand for validation (sent by certified mail and signed by an agent of your company, copy enclosed) of a debt you purported to be mine. You have willfully ignored this demand for validation and instead sent a print out of charges for some bogus account. The law demands you provide validation, as in a signature on a contract. Whether to comply or not, is not a choice on your part.

FDCPA Section 809. Validation of debts [15 USC 1692g] (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

You must show proof positive that I owe this debt. It's not enough to send a computer generated print-out of the debt. There is an opinion letter from the FTC to back this up (See Attached FTC opinion letter title "Wohlman Letter")

And contrary to your illegal statement in your first letter, it is illegal to report any information without validation of this debt to a credit bureau. There is protection under FDCPA § 809 (b) against collectors that have not validated a debt, but still continue to report to the credit bureaus, which you are currently doing -- in absolute violation of law. (See Attached FTC opinion letter titled "Cass Letter")

Statutory damages are $1,000 for each proven violation under the FDCPA.

By copy of this letter, this is a DEMAND to Equifax, and any and all other credit bureaus that you have illegally reported this erroneous information to, to remove it immediately since you have refused to respond to my request for validation. The reason you have refused to respond is that you cannot validate the debt. If they don't they become a a party to this illegal action of yours and will join you as a defendant in the lawsuit that will be filed against you.

By copy of this letter I request an investigation by the Postal Inspectors into MCI, CBCS, its agents and assigns for fraudulently using the mails to send extortion letters (fraudulently reporting a debit that is not validated) if I don't pay the false charges I never signed an agreement for. They have not validated the debt because they can't.

By copy of this letter I request the FTC to investigate if MCI, CBCS, its agents and assigns can be criminally prosecuted for violations of the FDCPA. I know they can be sued in civil court. They have not validated the debt because they can't.

By copy of this letter I request The Attorney General for the State of Texas, to investigate MCI, CBCS, its agents and assigns for violations of law and my rights and subsequent prosecution under the laws of the State of Texas for any possible criminal and/or civil violations of those laws.


CC: Equifax U.S. Postal Inspector
Federal Trade Commission ttorney General for The State of Texas





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