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moneymonkey

Not sure if I want to DV?

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EQ Deleted a collection I have after many letters, but EX/TU would not. I am thinking about sending DV letters off to the CA but am concerned if it went south the neg will show up on all 3 again.. Ideas?

 

The CA is now calling work/cell (100% ignored) but they never mail me. CA is Pr0C0ll3ct from Dallas?

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As long as it's out of SOL, I would go ahead and DV because chances are that it will magically reappear on the one report anyway.

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Ok, going to send this completed template CMRR..

 

 

Your Name

Your Address

 

Collection Agencys Name

Collection Agencys Address

 

Date

 

Re: Account # xxxxxxx

 

Your company is reporting the above referenced account on my credit report as a collection account. I have disputed this item with the credit reporting agency and they reported you confirmed the account as valid.

 

In a good faith effort to resolve the matter amicably, I must demand proof of this debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must correct any erroneous reports of this past debt as mine.

 

I must ask you to provide the following information:

 

1. Please evidence your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter.

2. What is your authorization of law for your collection of information?

3. What is your authorization of law for your collection of this alleged debt?

4. Please evidence your authorization to do business or operate in this state.

5. Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.

6. Please provide a complete account history, including any charges added for collection activity.

 

You have thirty (30) days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you placed this on my credit report(s) in error and that this matter is permanently closed. Provide the proof, or correct the record and remove this invalid debt from all sources to which you have reported it to.

 

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

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do NOT use cut & paste letters.

 

They have seen this 1,00000000000000000000000000's of times.

 

Write your own.

Edited by beli

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do NOT use cut & paste letters.

 

They have seen this 1,00000000000000000000000000's of times.

 

Write your own.

 

 

I was going to hand write in crayon on soiled newspapers as per usual, but suppose I could change the format up a bit too thanks:)

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do NOT use cut & paste letters.

 

They have seen this 1,00000000000000000000000000's of times.

 

Write your own.

 

 

I was going to hand write in crayon on soiled newspapers as per usual, but suppose I could change the format up a bit too thanks:)

Doesn't matter if it's written in crayon, it's still a Cut & paste letter.

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do NOT use cut & paste letters.

 

They have seen this 1,00000000000000000000000000's of times.

 

Write your own.

Agreed!

 

 

OK, will write my own :)

 

So last point, CA and I are both in TX.. And they dont appear to have accurate info here - http://direct.sos.state.tx.us/debtcollectors/DCSearch.asp

 

The address on my recent CR and in the bonding info are not the same..

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Since we are both in TX, thinking of using the following base template from - http://creditboards.com/forums/index.php?showtopic=408641

 

 

 

 

My name

 

September 2, 2009

 

Pr0C0llect

12170 ABR....

STE 10..

DALLAS, TX 75243

 

 

 

VIA: Certified Mail Return Receipt Requested

 

Re: Placement ID ------------

 

 

 

Dear Pr0collect

 

Please consider this my demand for full legal and complete validation of your claim.

As I am a Texas resident, I will be using Chapter 392.202 Texas Finance Code.

 

If you are unable to provide written validation within 30 days from the receipt of this letter or you require more than 30 days time to provide validation, then you must cease all collection efforts, remove this and all tradelines from any credit bureau reported to and will also delete and close this file with your agency.

 

I would also like to request the name and address of the original creditor.

In addition, please make all communications regarding this matter to me in writing as it is inconvenient to contact me anywhere or at any time via phone.

 

 

Sincerely,

 

My name

My Address

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Do NOT include any language related to federal; specifically invoke your rights under Texas law.

 

Read Centex's letter in the TEXAS thread, and rewrite her letter to work for you. I used her letter on 6 fraudlent tradelines and all 6 came off without issues!!!! I had tried several times before finding the TX thread, and everytime the TL came back validated/verified.

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Do NOT include any language related to federal; specifically invoke your rights under Texas law.

 

Read Centex's letter in the TEXAS thread, and rewrite her letter to work for you. I used her letter on 6 fraudlent tradelines and all 6 came off without issues!!!! I had tried several times before finding the TX thread, and everytime the TL came back validated/verified.

 

 

Thanks, that was a nice long thread on TX will give it a shot.

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OH YEAH!!!! It is a really long thread, but if you follow Centex's lead and basically rework her letter, and NEVER, EVER mention federal law I think you will be pleasantly surprised!

 

She is absolutely correct in her belief that one should limit their DV within the laws of Texas. Last year I reviewed some case law in Texas, and one guy's case was moved to federal court because he mixed federal and state law quotes in his DV to the CA. He lost the case in Federal court, but I really believe if he had stuck with TX law only he would have won.

 

Gotta love Texas Consumer Laws!!!!!

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OH YEAH!!!! It is a really long thread, but if you follow Centex's lead and basically rework her letter, and NEVER, EVER mention federal law I think you will be pleasantly surprised!

 

She is absolutely correct in her belief that one should limit their DV within the laws of Texas. Last year I reviewed some case law in Texas, and one guy's case was moved to federal court because he mixed federal and state law quotes in his DV to the CA. He lost the case in Federal court, but I really believe if he had stuck with TX law only he would have won.

 

Gotta love Texas Consumer Laws!!!!!

 

 

 

Cool, did not modify this love letter much here is what I plan on using:

 

 

 

 

September 2, 2009

 

Pr0C0llect

12170 ABR....

STE 10..

DALLAS, TX 75243

 

 

 

Re: Placement ID ------------

 

 

 

Dear Pr0collect

 

This letter sent to you on March 10, 2010 via certified mail with a return receipt is my demand for full legal and complete validation of your claim.

 

As I am a Texas resident, I make these demands per Chapter 392.202 of the Texas Finance Code.

 

If you are unable to provide written validation within 30 days from the receipt of this letter or you require more than 30 days time to provide validation, then you must cease all collection efforts, remove this and all tradelines from any credit bureau reported to and will also delete and close this file with your agency.

 

I would also like to request the name and address of the original creditor.

 

In addition, please make all communications regarding this matter to me in writing as it is inconvenient to contact me by any other method.

 

 

Sincerely,

 

My name

My Address

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Ok, DV's with CMRR and this week I rcvd a page stating:

OC

ACCT#

Customer#

Amount Due#

 

and several pages of medical records with associated amounts from 2003 - 2005.

 

The amount requested is something insurance was to pay and did not apparently back in 2004!!

 

The Texas SOL is 4 years and we are both in TX, am I done?? Not sure what to reply with here..

 

 

I was thinking of sending a 2nd DV letter CMRR back to CA with the following demands:

1. Explain and show me how you calculated what you say I owe

2. Prove the Statute of Limitations has not expired on this account

 

 

What you guys think?

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Ok, DV's with CMRR and this week I rcvd a page stating:

OC

ACCT#

Customer#

Amount Due#

 

and several pages of medical records with associated amounts from 2003 - 2005.

 

The amount requested is something insurance was to pay and did not apparently back in 2004!!

 

The Texas SOL is 4 years and we are both in TX, am I done?? Not sure what to reply with here..

 

 

I was thinking of sending a 2nd DV letter CMRR back to CA with the following demands:

1. Explain and show me how you calculated what you say I owe

2. Prove the Statute of Limitations has not expired on this account

 

 

What you guys think?

 

 

 

Seems like the letters from ITHappened to the bondholder for CA are what I need.

I have never contacted a bond holder so want to be sure before sending anything like this.

 

http://creditboards.com/forums/index.php?s...p;#entry4090837

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Ok, we are past 30 days the CA did not even reply to the 2nd DV letter which asked for the Bond holder/etc. The 1st letter did not provide validation.

 

This alleged debt is also outside the Texas SOL.

 

So I am moving forward and writing a letter to the Bond Holder (CC: the CA), thinking of including the following basics:

 

 

1. The CA you Bond is attempting to collect a debt outside Texas SOL for litigation

2. The CA you bond is operating from an address not listed on the Bond

3. The CA you bond has not complied with the C&D letter sent on X, and X, and X

4. The CA you bond FAILED to validate an alleged debt as required by TFC ## blah blah.

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