If they haven't sent you satisfactory proof, send a copy of your receipt for your registered mail, a copy of the first letter you sent and a statement that they have not complied with the FDCPA and are now in violation of the act. Tell them they need to immediately remove the collection listing from your credit report or you are going to file a lawsuit on the basis of defamation, and violation of the FDCPA, section 809 (b)
Here is an example letter that we used recently after getting back a COPY of a Credit Card Agreement...no signature on it at all.
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Date:
Re: Acct #
Section 809(b) "Validation of the debt" requires debt collectors to obtain verification of the debt from the creditor and mail it to the consumer.
To Whom It May Concern,
This letter is being sent to you in response to a notice sent to me on INSERT
DATE HERE. This is a notice sent pursuant to the Fair Debt Collection Practices
Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and
validation is once again being requested.
This is a request for PROPER validation of the above alleged debt. In
accordance with the FDCPA, I have the right to request for a validation of this
alleged debt. This is asking for proof regarding this and verifying the same.
Please attach copies of the following with the reply:
1. The agreement which authorizes the creditor to collect debt on the alleged
debt.
2. The signed agreement from the debtor conforming to pay the creditor.
3. The documents regarding the payments made on this account validating the
amount.
If your offices fail to respond to this request within 30 days from the date of
your receipt, all references to this account must be completely removed from my
credit file and a copy of such deletion request must be sent to me immediately.
I would also like to request to you, in writing, that no telephone contact be
made by your offices to my home or to my place of employment, under my right
according to the Fair Debt Collection Practices Act. All future communications
with me must be done in writing and sent to the address above in this letter.
(Insert your Needs Here) Example of ours:
I need this debt validated period. Proving this is indeed my account. I'm sure a judge would agree with me that putting numbers down on a paper and telling me I owe it and stapling a 5 year old account agreement does not prove this is my debt.
As per my rights please send me:
1. The agreement which authorizes the creditor to
collect debt on the alleged debt.
2. The signed agreement from the debtor conforming to pay the creditor.
3. The documents regarding the payments made on this account validating the
amount.
Then I will believe this is mine. Until then consider this debt disputed.
Thank You,
Your Signature
Date
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Most likely they will go away after this second attempt to validate your debt you are showing them you know you have rights and that they failed to provide you with sufficient proof of this debt. They better remove this from your credit report as well.
Didn't hear back from them within 15-20 days? Contact the Credit Reporting Agencies and Dispute the debt tell them to remove it.
Make sure these morons aren't reporting this debt anymore on your reports that is a violation of the FDCPA they cannot do any further collections if they couldn't validate the debt.
If these idiots are still reporting this debt on your Credit Reports and never validated it further collection activity is a violation of the FDCPA.
Contact all 3 credit bureaus, and tell them that the creditors did not verify the debts under the FDCPA, and send copies of your proof. Request the method of verification, which is your right under the FCRA.
Make sure you state that the collection agency did not respond to your request for debt validation. Copy your letters and your Certified Mail Receipts and send to CRAs.
Method of verification is simply telling the CRA's that you are requesting how the heck they verified this debt. Make them also prove to you how it was validated. You must understand that if the Collection Agency couldn't verify the debt how in the world can they? The Federal Credit Reporting Act allows you to ask for the method of verification of the debt. They cannot just say OK we verified it and it's sticking.........really? PROVE IT. SHOW ME how this debt was validated.
Most credit reporting agencies from what we hear just wait a few days if they even look at your complaint...and put VERIFIED without doing a damn thing. Lazy and caught.........get the method of verification per your rights and get this removed per your rights! They don't want to prove it go look up how to sue a CRA for doing this to you!
If this letter comes back with the same thing again contact an attorney I'm sure they'd be happy to file a lawsuit against the Debt Collection Agency for you. There are so many violations against Collection Agencies we cannot list all of them here! Most collection agencies violate the law at least once with everyone although some are good that's a rare find!
We hope you have gotten rid of them
It is good to have this information under your belt!
Most people who get collection letters freak out or are scared to death. With the Debt Validation letter in hand and usable you'll be amazed at how fast these collections cease!