Originally Posted by bluesmoke
was contacted by collections company
--------------------------------------------------------------------------------
What is the name of your state? IN
My wife and I are in serious financial difficulty over efforts to start a company several years ago. As a result, we have significant (40-50K) credit bills that accumulated over several years and a combined income of around 70k. The whole thing is overwhelming. We may well end up in bankruptcy.
We have received collection notices from GS services re: two accounts. One for American Express for 8,000 and another for a home improvement store for 1,500. I suspect that more will be coming.
I know I have 30 days to request validation. below is a lengthy letter that I've come across as a response and request for validation. It seems lengthy, overkill? thoughts, comments etc...are appreciated.
______________________________________
To Whom It May Concern:
This letter is being sent to you in response to a notice received by me on or about January XX, 2007. I am seeking clarification regarding your claim. As perhaps you can imagine, your notice has been the source of a great deal of anxiety for me and my family. Be advised that this is not a refusal to pay but due to the seriousness of your claim, I am invoking my rights provided by federal law and responding with notice pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) and that validation is requested. Please note, this is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. It is hoped that through the process of validation the nature and specifics of your claim can be clarified. Your cooperation in this matter is greatly appreciated.
DEBT COLLECTOR DISCLOSURE STATEMENT
This statement and the answers contained herein may be used by Respondent, if necessary, in any court of competent jurisdiction.
Notice: This Debt Collector Disclosure Statement is not a substitute for, nor the equivalent of, the hereinabove-requested verification of the record, i.e. Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition (Blacks Law Dictionary, Sixth Edition, 1990), re the alleged debt, and must be completed in accordance with the Fair Debt Collection Practices Act, 15 USC §1692g, applicable portions of Truth in Lending (Regulation Z), 12 CFR 226, and demands as cited above. Debt Collector must make all required disclosures clearly and conspicuously in writing re the following:
1.Name of Debt Collector:
.
...
2.Address of Debt Collector:
.
..
3.Name of alleged Debtor:
..
4. Address of alleged Debtor:
.
...
.. .
5. Alleged Account Number:
..
...
. ..
6.Alleged debt owed: $
.
..
...
7.Date alleged debt became payable:
...
.
..
..
..
8.Re this alleged account, what is the name and address of the alleged Original Creditor, if different from Debt Collector?
9. How was alleged debt calculated? Provide an itemization and billing record history for alleged account as well as an itemization of any interest and fees that are being assessed.
10. Re this alleged account, if Debt Collector is different from alleged Original Creditor, does Debt Collector have a bona fide affidavit of assignment to enter into alleged original contract between alleged Original Creditor and alleged Debtor? YES NO
11. Is Debt Collector licensed to collect in the state of Indiana? If so, what is the license number(s) and name of Registered Agent
12. Did Debt Collector purchase this alleged account from the alleged Original Creditor? YES NO N/A (Not Applicable)
11. If applicable, date of purchase of this alleged account from alleged Original Creditor, and purchase amount:
Date:
Amount: $
..
12.Did Debt Collector purchase this alleged account from a previous debt collector? YES NO N/A
13. If applicable, date of purchase of this alleged account from previous debt collector, and purchase amount:
Date:
Amount: $
..
14. Regarding this alleged account, Debt Collector is currently the:
Owner; (b) Assignee; (c) Other explain:
.
.
15.What are the terms of the transfer of rights re this alleged account?
.
.
.
.
16. If applicable, transfer of rights re this alleged account was executed by the following method:
(a) Assignment; (b) Negotiation; (c) Novation; (d) Other explain:
.
...
**************.....
...
17. If the transfer of rights re this alleged account was by assignment, was there consideration? YES NO N/A
18. What is the nature and cause of the consideration cited in # 17 above?
.
.
..
...
...
19. If the transfer of rights re this alleged account was by negotiation, was the alleged account taken for value?
YES NO N/A
20.What is the nature and cause of any value cited in #19 above?
.
...
21.If the transfer of rights re this alleged account was by novation, was consent given by alleged Debtor? YES NO N/A
22. What is the nature and cause of any consent cited in #21 above?
23. Has Debt Collector provided alleged Debtor with the requisite verification of the alleged debt as required by the Fair Debt Collection Practices Act? YES NO
24. Date said verification cited above in # 23 was provided alleged Debtor:
.
....
25. Was said verification cited above in # 23 in the form of a sworn or affirmed oath, affidavit, or deposition? YES NO
26. Verification cited above in # 23 was provided alleged Debtor in the form of: OATH, AFFIDAVIT or DEPOSTION
27. Does Debt Collector have knowledge of any claim(s)/defense(s) re this alleged account? YES NO
28. What is the nature and cause of any claim(s)/defense(s) re this alleged account?
...
.
29. Was alleged Debtor sold any products/services by Debt Collector? YES NO
30. What is the nature and cause of any products/services cited above in # 29?
.
...
...
cont____part II
