Collection Agency Validation FollowUp After Insufficient VOD

[Credit Expert]

Free Debt Letter Template: Collection Agency Validation Follow Up Letter After Insufficient Validation of Debt

This letter is to: Demand verification for a second time after collection agency only partially validated the account. This letter is very agressive and threatens litigation.




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Dear Collection Agency,

Please be advised that your disregard and violations of the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), and my rights as a consumer have caused harm by seriously affecting my credit rating, causing the denial of credit, as well as causing charging higher interest rates and unfavorable loan terms.

Your offices have only provided partial validation; your offices have not yet provided sufficient evidence that this alleged debt is mine.

Provide me with:

1. Proof _Name_ owns the debt of has been assigned the debt

2. Contract giving _Name_ power to collect.

3. Complete payment history. Requirement established by Kenneth Wilber USCA-02-C-0072

4 Copy of original signed loan agreement or credit application.

I’m sure you are aware of the consequences of violating the FCRA and FDCPA as well as the multiple violations your company is now responsible for, including, but not limited to:

As per the FDCPA:

§ 809. Validation of debts [15 USC 1692g]: 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.

§ 813. Civil liability [15 U.S.C. 1692k]

(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of –

(1) any actual damage sustained by such person as a result of such failure;

(2) in the case of any action by an individual, such additional damages as the court may allow

As per the FCRA:

§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]

(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

(1) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000

§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]

(a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

(1) any actual damages sustained by the consumer as a result of the failure;

(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

Your company has failed to send the legally required validation of this debt. You have been notified that your actions are detrimental to me and that your company has violated (including but not limited to) the Fair Credit Reporting Act, and the Fair Debt Collection Practices Act.

Your company knew or should have known that the actions taken against me and the information collected about me was inappropriate and damaging. You failed to use reasonable care in the course of business and failed to use even minimal procedures to ensure that I was not harmed.

As a result of these reckless, wanton, and intentional acts, I have suffered and continue to suffer general and specific damages. I am also very upset at your company's intentional infliction of emotional distress, other diminishments of the quality of my life and refusal to follow the law.

Please understand that I am extremely concerned regarding the harmful resultant consequences of the actions your company has taken. Please be advised that, if this matter is not resolved expeditiously, I will take any and all necessary steps to protect my rights.

If you wish to resolve this matter, this will be your last opportunity to do so. You have 15 days from receipt of this tracked notice to provide us with complete validation of this alleged debt. If you are unable to do so I demand deletion of this item from my credit file. Forward a letter stating it has been removed and will not reappear on my credit reports again. I will accept nothing less.

Please be aware that if this account is not completely validated or deleted I will file a formal complaint with the Federal Trade Commission, the state’s Banking and Finance Bureau, and the Better Business Bureau. Also, note that section 1681s-2 of the Fair Credit Reporting Act creates a cause of action for a consumer against a furnisher of erroneous credit information (Nelson v. Chase Manhattan). If left un-validated, if your offices remove the collection from my client’s credit report, Iwill not pursue any further action to re-collect money that was paid.

For the purposes of 15 U.S.C. § 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 any further action be necessary. All future communications with me must be done in writing and sent to the address noted in this letter.

Thank you and I look forward to your resolving this most expeditiously.

Sincerely,


Extremely Smart Consumer


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