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Posted by computerguy
(204.180.131.3) on August 03, 2004 at 09:00:04:
Here is my latest Cover letter for Proof of Claim and the actual Proof of Claim form if anyone is interested in using it for themselves. I have used the Proof of Claim form on 2 Validation requests I have recently sent to 2 Collector Attorney types. So here is the Cover letter: Name of Debt Collector
Address
City, State & Zip
Date
Re: Account #123456789 (Enter Your Account # Here)
To Whom It May Concern:
This letter is being sent to you in response to a letter received by me from your offices on (Date). Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USCG 1692 et seq., and the Fair Credit Billing Act, 15 U.S.C. 1666.
This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide me with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt.
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus, such as, Equifax, Experian and TransUnion prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for one or more of the following Federal Statutes or laws: • Violation of the Fair Credit Reporting Act
• Violation of the Fair Credit Billing Act
• Violation of the Fair Debt Collection Practices Act
• Defamation of Character
• Violation of United States Code TITLE 18 PART 1 CHAPTER 63 Sec. 1341
This debt is considered to be invalid until I receive proper validation and your offices provide me with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing of information to a credit reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
(OPTIONAL CEASE & DESIST) I would also like to request, in writing, that no further telephone contact be made by your offices to my home or to my place of employment. If your offices continue to attempt telephone communication with me it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter.
It would be advisable that you and your client assure that your records are in order before I am forced to take legal action.
Best Regards Here is the Proof of Claim Form: CREDITOR/DEBT COLLECTOR DECLARATION and PROOF OF CLAIM
Please provide all of the following information and submit the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with 28 U.S.C. Section 1746 within 30 days from the date of your receipt of this request for validation and proof of claim.
1. Alleged Name and Address of Creditor
2. Name on File of Alleged Debtor:
3. Alleged Account #:
4. Amount of alleged debt:
5. Date that this alleged debt became payable:
6. Date of original charge off or delinquency:
7. Amount paid if debt was purchased:
8. Please attach a copy of any signed agreement debtor has made with debt collector, or other verifiable proof that debtor has a contractual obligation to pay debt collector.
9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identify theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judge’s inspection should there be a trial to contest these matters.
10. Produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect.
11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt. 12. Verify as a third party debt collector, you have not purchased evidence of debt and are proceeding with collection activity in the name of the original maker of the note.
13. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.
14. Verify you know and understand that credit card contracts are a series of continuing offers to contract and as such are non-transferable.
15. Provide verification from the stated creditor that you are authorized to act for them.
16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment.
Disputing the Debt,
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