 |
|
| Browse | Ask | Answer | Search | Join/Login |
|
|
||||
|
contacted by collections company
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 |
||||
|
||||
 Originally Posted by bluesmoke
-------------------------------------------------------------------------------- 31. Does there exist a verifiable, bona fide, original commercial instrument between Debt Collector and alleged Debtor containing alleged Debtor's bona fide signature? YES NO 32. What is the nature and cause of any verifiable commercial instrument cited above in # 31? . ... ... 33. Does there exist verifiable evidence of an exchange of a benefit or detriment between Debt Collector and alleged Debtor? YES NO 34. What is the nature and cause of this evidence of an exchange of a benefit or detriment as cited above in # 33? ... ... 35. Does any evidence exist of verifiable external act(s) giving the objective semblance of agreement between Debt Collector and alleged Debtor? YES NO 36. What is the nature and cause of any external act(s) giving the objective semblance of agreement from #35 above? 37. Have any charge-offs been made by any creditor or debt collector regarding this alleged account? YES NO 38. Have any insurance claims been made by any creditor or debt collector regarding this alleged account? YES NO 39. Have any tax write-offs been made by any creditor or debt collector regarding this alleged account? YES NO 40. Have any tax deductions been made by any creditor or debt collector regarding this alleged account? YES NO 41. Have any judgments been obtained by any creditor or debt collector regarding this alleged account? YES NO 42. At the time the alleged original contract was executed, were all parties apprised of the meaning of the terms and conditions of said alleged original contract? YES NO 43. At the time the alleged original contract was executed, were all parties advised of the importance of consulting a licensed legal professional before executing the alleged contract? YES NO 44. At the time the alleged original contract was executed, were all parties apprised that said alleged contract was a private credit instrument? YES NO |
||||
|
||||
|
Part III
Debt Collector's failure, both intentional and otherwise, to complete/answer points 1 through 44 above and return this Debt Collector Disclosure Statement, as well as provide Respondent with the requisite verification validating the hereinabove - referenced alleged debt, constitutes Debt Collector's tacit agreement that Debt Collector has no verifiable, lawful, bona fide claim re the hereinabove-referenced alleged account, and that Debt Collector tacitly agrees that Debt Collector waives all claims against Respondent and indemnifies and holds Respondent harmless against any and all costs and fees heretofore and hereafter incurred and related re any and all collection attempts involving the hereinabove-referenced alleged account. Declaration: The Undersigned hereby declares under penalty of perjury of the laws of this State that the statements made in this Debt Collector Disclosure Statement are true and correct in accordance with the Undersigned's best firsthand knowledge and belief. ____________________________________ ____________________________________ Date Printed name of Signatory ____________________________________ ____________________________________ Official Title of Signatory Authorized Signature for Debt Collector Debt Collector must timely complete and return this Debt Collector Disclosure Statement, along with all required documents referenced in said Debt Collector Disclosure Statement. Debt Collector's claim will not be considered if any portion of this Debt Collector Disclosure Statement is not completed and timely returned with all required documents, which specifically includes the requisite validation, made in accordance with law and codified in the Fair Debt Collection Practices Act at 15 USC §1692 et seq. and which states in relevant part: A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt, which includes the false representation of the character, or legal status of any debt, and the threat to take any action that cannot legally be taken, all of which are violations of law. If Debt Collector does not respond as required by law, Debt Collector's claim will not be considered and Debt Collector may be liable for damages for any continued collection efforts, as well as any other injury sustained by Respondent. Under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account is indeed considered collection activity. 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 any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. Please allow thirty (30) days for processing after Respondent's receipt of Debt Collector's response. I would also like to request, in writing, that no telephone contact be made by your offices to my home, or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, 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 by USPS. CERTIFICATE OF SERVICE I hereby certify that I have mailed a copy of the foregoing Request for Verification of Debt, this __________ day of __________, 2007, by U.S. Certified Mail Return Receipt Requested, to __________ _______________ Receipt no.______________________________________ ____________________________________ Signature Recording Requested by, and |
||||
Not your question?
Ask your question
View similar questions
| Question Tools | Search this Question |
Add your answer here.
Check out some similar questions!
Company Introduction Letter (B2B) for a HR services outsourcing company
[ 10 Answers ]
How can I make a good company Introduction letter (B2B), for a HR outsourcing company? Please help me out with any free samples.
Collections
[ 4 Answers ]
In md what is the worst that a collection agency do to you when you have a judgement against you and you don't have money to pay them ,or you are paying them what you can What is the worst that can happen,
My ex contacted me after 2 months...
[ 8 Answers ]
Hey everyone I have not posted in a couple of months- I posted one when me and him first broke up, one when we tried a break and one when it was over and one on dating new guys. Anyhow, its been a while. Me and my ex were together for 2 years and he was my first true love and I have been having...
Collections
[ 1 Answers ]
What is the main difference between associative arrays and nested tables How to choose in pl/sql program Satya:)
Collections
[ 4 Answers ]
I live in Utah. I have a hospital debt that is large enough that I cannot pay what the hospital wants me to pay each month and they have advised me that it will go to a collection agency. My Question is: "If i make the monthly payments i can afford to the collection agency, can they still...
View more questions Search
|
