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Use this letter to dispute debt you think
is still invalid even though the debt collector has sent you
documentation claiming they are validating the debts. According
to the Fair Debt Collection Practices Act:
"If
the consumer notifies the debt collector in writing within
the thirty-day period described in subsection (a) that the
debt, or any portion thereof is disputed, or that the consumer
requests the name and address of the original creditor, the
debt collector shall cease collection of the debt, or any
disputed portion thereof, until the debt collector obtains
verification of the debt or any copy of a judgment, or the
name and address of the original creditor, and a copy of such
verification or judgment, or name and address of the original
creditor, is mailed to the consumer by the debt collector."
Source: 15 USC 1692g, Section 809(b): Validation of Debts
Let us summarize the above clause. Debt
collectors have to provide you with ONLY 1 of the following
3 proofs in order to validate the debts:
1) Verification of the debt
2) Copy of any court judgement
3) Name & address of the original creditor
This means if the debt collector tells you
the name & address of the original creditor, he is fulfilling
the requirements of the Fair Debt Collection Practices Act
(FDCPA). If you do receive the original creditor's name and
address, call them up and ask to verify the debt to the best
extent possible. For example, if a debt collection agency
is collecting on behalf of Sears, you know you did buy goods
from Sears and owe them money. You should then call up Sears
and ask for the exact amount that you owe. Here is a sample
list of questions to ask the original creditor:
1) When the account was set up
2) Last payment made on the account (this affects the Debt
Collection Statutes of Limitation period)
3) When the account was charged off (sold to debt collector)
4) If the original creditor still owns the account
If at this point you still feel the debt
is invalid, use the sample letter below to dispute it. Click
here to get an MS Word format version of this letter.
A .doc file will open up and save it to your Desktop. This
way you can easily retrieve the file.
Today's
Date
Your Name
Your Address
Your Phone #
Debt Collector's Name
Debt Collector's Address
Re: Account #
Mr/Mrs. Debt Collector,
This letter is to inform you that
I still dispute the above referenced debt. After receiving
your verification of my original debt validation request,
I contacted the original creditor of this debt who could
not prove that the account was mine. Thus taking this
into account, I think you have failed to validate the
above debt.
I want to inform you that I originally
disputed this debt within the 30 day dispute period
provided by the Fair Debt Collection Practices Act (FDCPA).
Once again, I am sending you this letter in a timely
manner and since I consider this debt as "Still
in Dispute", I do not expect a phone call from
you at my home, work or anywhere else. The only time
you are allowed to call me is if you provide proof or
documentation validating this debt.
You should know that I will be taping
any more phone calls received from you and report you
to the Federal Trade Commission and to my State Attorney
General. If I receive a harassing debt collection phone
call from you, remember you can be charged up to $1000
per every harassing phone call. You should also know
that I am willing to take whatever necessary legal action
to protect my rights as a consumer.
(Your Signature)
(Your Printed Name) |
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