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AT&T DV letters question


anthrilliel
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July 16, received a letter from EOS CCA saying "Our client has authorized the following resolution to your balance as noted above: Lump Sum settlement of 1 payment of 274.76$ to be paid no later than 08/15/14". The original amount was 332.64 with collection fees of 59.88 for a total of 392.52. We do not remember having any balance with AT&T so:

July 25, I mail CMRR a validation letter.
July 29, they receive it.

August 6, Receive a credit report from Experian in which the account with them does not state in dispute. (that was coincidental from removing old addresses from all Credit Bureaus - successfully)

 

They have not responded at all as of today August 28

-Should I wait and send this on September 2nd?

-Isn't it a violation of FDCPA that they have not reported the account in dispute with the bureaus?

-Should I add that to the second validation letter?

Validation letter #1

 

 

 

Certified Mail No.: _____________

Re Validation of debt, Agency account #

 

Greetings:

Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is disputed.

This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form. The Federal Trade Commission, in 15 U.SC. 1692g, requires that debt collectors cease collection of a debt until verification of that debt is mailed to consumers.

Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you.

You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law.

Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.

If you cannot obtain validation within thirty (30) days of receiving this letter, remove this debt from my account and send all major credit reporting bureaus and update on this matter as mandated by the Fair Credit Reporting Act.

In addition, you are not to have any further communication with me regarding this matter other than in writing at the address above.

 

Best regards,

NAME

CREDITOR DISCLOSURE STATEMENT

Name of creditor
Creditor’s address:

Name of debtor: Account number:

Debtor’s address:

Amount of debt purported to be owed: $ _________ Date it became payable: __________

Was this debt assigned or purchased from a previous creditor? Yes / No

Please state the amount of money paid for the assignment or purchase? $ ____________

Please attach a facsimile of the terms of the assignment to this completed form.

__________________________________________________________________________

Have any insurance claims been made by any creditor regarding this account? Yes / No

__________________________________________________________________________

Have any judgments been obtained by any creditor regarding this account? Yes/ No

________________________________ _____________

Authorized signature for creditor Date


Please return this completed form and attach all assignment or other transfer agreements which would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts. Please allow thirty days for processing after receipt of your request.

 

Validation letter #2

 

 

 

 

 

August 29, 2014

 

Certified Mail No.: ________________________

 

 

Re Validation of debt, Agency account # 6404965

 

 

Greetings,

 

This letter is being sent to you as a follow up on my previous validation request sent to your offices on July 25, 2014 and signed for by your offices on July 29, 2014. Your offices have not responded to my prior attempt at validation and are now in direct violation of the FDCPA and FCRA. Be advised that this is not a refusal to pay, but 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 requested.

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. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following:
· Violation of the Fair Credit Reporting Act
· Violation of the Fair Debt Collection Practices Act
· Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist unless in writing. Also during this validation period, 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. If your offices fail to respond to this validation request within 15 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

 

 

Best Regards

Your Name

CREDITOR DISCLOSURE STATEMENT

Name of creditor:

Creditor’s address:

Name of debtor: Account number:

Debtor’s address:

Amount of debt purported to be owed: $ _________ Date it became payable:

Was this debt assigned or purchased from a previous creditor? Yes / No

Please state the amount of money paid for the assignment or purchase? $

Please attach a facsimile of the terms of the assignment to this completed form.

________________________________________________________________________

Have any insurance claims been made by any creditor regarding this account? Yes / No

________________________________________________________________________

Have any judgments been obtained by any creditor regarding this account? Yes/ No

________________________________ _____________

Authorized signature for creditor Date


Please return this completed form and attach all assignment or other transfer agreements which would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts. Please allow thirty days for processing after receipt of your request.

Edited by anthrilliel
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did you send these to the CA or AT&T?

 

AT&T sold the account, obviously, you needed to send the DV letters to the CA.

 

Sending standard "Form" DV letters isn't always the best method -

 

be direct in your disputes - " I don't recognize the account #, never had an past due AT & T account , are you sure you have the right person ? " is factual and direct.

 

 

to the CA;

 

 

RE; Account # ________________________

 

 

Dear ( CA Name )

 

I received an offer of settlement from your firm on xx-xx-xxxx on this account, and as I didn't not recognize the Debt, I sent your firm a FDCPA validation request. on xx-xx-xxx, and again on xx-xx-xxxx.

 

I have not yet received an reply, and when I pulled a new copy of my credit reports on xx-xx-xxxx, I noticed that your firm is still reporting this account without validation, and didn't bother to mark it disputed either.

 

I don't recall any past due account from AT&T, never received a past due notice from them, don't recognize the account # either.

 

This may not be my debt, and you may have contacted the wrong person, or this could be ID theft related.

 

Please provide

 

1.) Please provide the date the account was charged off or defaulted.

 

2.) Please provide the full name, SS # and addresses associated with the account

 

3) Please provide a full explanation of how your firm arrived at the amount due - principal, fees, charges interest.

 

Please note that under the FDCPA, you not only have to verify the amount owed and the original creditor, but you also have to verify that you are collecting from the correct person

 

Furnishing False information to any credit reporting agency is a violation of the FDCPA and continuing to report without a reasonable reinvestigation is a violation of the FCRA.

 

IF your firm continues to report this account without a reinvestigation and validation, I will turn this over this over to an attorney for review and possible legal action.

 

Sincerely,

 

_____________________________

 

 

send it CMRR.

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