Debt Validation Letter 2 - Case Law

[Credit Expert]

Debt validation, with FDCPA requirements and case law



To Whom It Concerns,

I am writing due to the negative marks on my credit file. I'm sure you are aware of the provisions of the Fair Debt Collection Practices Act (FDCPA), and I am requesting validation of this debt. 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 to pay this debt. I request that you stop contacting us on the telephone and restrict your contact with us to writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:

1. Complete payment history, the requirement of which has been established by Spears v Brennan, 745 N.E.2d 862; 2001 Ind. App. LEXIS 509.

2. Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.

3. 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 the amount sought was calculated, where at issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
4. Intimate knowledge of the creation of the debt by you, the collection agency.

I'm sure you know, 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 Boatley v. Diem Corporation, No. Civ 03-0762 (D.C. Ariz. 2004), the court ruled that reporting a collection account indeed is considered collection activity.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA and other statutes. I look forward to a uneventful resolution of this matter.

Sincerely,


Jane Doe





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