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VERIFICATION DEBT
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Posted by VERIFICATION OF DEBT by DARREN
(208.254.29.162) on February 14, 2004 at 22:13:43:
The business of collection is 99% the creditor selling off your debt to a collection agency. The physical file is not taken to the collection agency since they sell off old accounts 10,000-100,000 at a time in bulk. So to verify the debt is impossible and far too time consuming since the collection agency MUST verify there was an actual contract entered into or dismiss the account. I suggest using the below. Keep in mind this applies only to collection agencies and not creditors (Capital One, Sterling, B of A, etc) SENT VIA CERTIFIED MAIL # XXXX XXXX XXXX XXXX RE: ACCT. xxxxxxxx (SS#123-33-3322) Collection Agency: I am requesting written verification of each of the alleged debt(s) I owe your company by requesting a copy of each contract. If the above account numbers are incorrect, I ask you utilize the social security number as a reference to locate any defaulted account(s). As you know, I am entitled to dispute and obtain the verification information requested (See generally 15 USC 1692g(b).) It is my right to have the collection agency remit verified physical documentation pertaining to the alleged debt. (See, 15 USC 1692g(a)(4), Moore v. Ingram & Assoc. 805 F.Supp (D.S.C. 1992), Masuda v. Thomas Richards & Co. 759 F.Supp. 1456 (C.D. Cal. 1991).) Thus, please remit (1) physical documentation of the alleged debt(s) or remit (2) written verification that your company has notified the credit bureaus the debt is not verified since there is no contract obligating me to pay your company and that said information is to be removed along with any accounts that were ‘charged off’. Simply stating, ‘account in dispute’ will not suffice. The debt(s) are either VERIFIED or REMOVED.
Additionally, if your company fails to provide a copy of the contract or other physical documentation, or notify the credit bureaus to remove the debt, it shall be presumed you have, either negligently or intentionally, refused to comply with the FCRA. Furthermore, regardless if the aforementioned debt is not-valid this does not negate this request since a debtor has standing to complain of violations of Fair Debt Collection Practices Act (15 USCS §§ 1692 et seq.) regardless of whether valid debt exists. Baker v G. C. Services Corp. (1982, CA9 Or) 677 F2d 775. Inasmuch, a single violation of any provision of Fair Debt Collection Practices Act (15 USCS §§ 1692 et seq.) is sufficient to establish civil liability under Act, since 15 USCS § 1692k establishes civil liability for any debt collector who fails to comply with any provision of the Act. Taylor v Perrin, Landry, deLaunay & Durand (1997, CA5 La) 103 F3d 1232. Accordingly, please remit the above replies forthwith. Accordingly, I urge you to not push this matter aside as I have kept careful logs and documentation of my efforts to remedy this matter in an amicable non-litigating manner. However, if the debt(s) remain(s) unverified and your company refuses to notify the credit bureaus to remove this invalid debt, I will be forced to seek legal avenues to remedy this matter. I will expect your reply within a timely manner not to exceed 30 days or other time limits set by the FDCPA/FCRA. Sincerly,
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