You are on page 1of 2

I see from your post that you are dealing with a 3rd party collector.

When dealing with collections agencies, the best way I found to deal with them is use the Fair Debt Collection Practices Act (FDCPA). I love 3rd party collectors as they are not the original owners of the account. Most of the time they bought the account for pennies on the dollar and what they are able to collect is gravy. You said in your post you requested Demand for Production and Inspection of Documents which to me sounds like you are asking for validation of the debt and that is your right under the FDCPA. To collect they have to prove they are the holders in due course of this debt and 99% of them cannot prove this fact. Just to state that you owe this account is not proof that you dowhere is the proof??????? Signed charge tickets, copies of all payments, etc. I will bet they do not have this informationthus how are they going to prove that you owe this debt. Anyone can say you owe thembut again where is the proof?? 3rd party collectors use fear and intimation to collect what they canthey are not use to any one knowing the FDCPA and when they come across someone that doesit throws them for a loop. What I did not understand from your post was intent to sue it for a fraudulent balance from 3 years ago. What do they mean by fraudulent balance? How did they come up with a fraudulent balance charge? Your time frame of May 5, 2013 does not give you much timebut if you have to go into court, demand proper validation of the debt and dispute the debt to the court let the burden of proof fall to them. The following is what I have used and recommended to others to use to ask for validation of an alleged debt and so far with a 100% success ratebut was sent to the collections agencies long before any court hearings were scheduled. The request for validation letter was sent to them by certified mail. Now sometimes it took 3-4-5 letters but each time I ask the same thingover and over again as most of the time they ignored the 1st , 2nd , 3rd request but you have proof that you indeed asked for proper debt validation and when they fail to prove the debtthey usually go away and cannot place any derogatory remarks on your credit. Anyone else in here that is having a problem with a collections agencies, I would strongly recommend send them a copy of the below just fill in the blanks with your infonow dont be surprised if they ignore you and send you another collection letterbut just keep sending (by certified mail as you want a track record) and sooner or later they should go away. Also I would strongly recommend that everyone take time a read and study the Fair Debt Collection Practices Act and become knowledgeable of this law. It is very useful. EXAMPLE

I am in receipt of your letter dated ____________________ requesting payment from me in the amount of $_____________ on behalf of_______________________________. . By copy of this letter, I dispute this debt. As a debt collector, I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA), and I am requesting validation of this debt. To refresh your memory on what constitutes legal debt validation, I am providing you a list of the required documentation: (1) Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509. (2) Agreement that bears the signature of the alleged debtor wherein I agreed to pay the original creditor. Since you have listed my personal name (your name) on your correspondence I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me personally to pay this debt. (3) As a 3rd party collector, a letter of sale or assignment from the original creditor to your company. Agreement with your client that grants you the authority to collect on this alleged debt. Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704 (D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt. Intimate knowledge of the creation of the debt by you, the collection agency. (4) Copies of all charges and /or credits billing for this alleged account. As I am sure you are well aware, 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 030762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity. Sincerely, sign your name

You might also like