Notice to Credit Bureau of Intent to File Suit - Free Letter

[Credit Expert]

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Sender
Address
City State Zip



Recipient
Address
City State Zip
Certified Mail #: 0000



Date: 1-1-2007

Enclosures: Previous correspondence

RE: Notice of intent to file suit

Account # 0000






Dear 0000,
Please consider this correspondence formal notification that if you do not comply with my demands; I will be forced to file suit against you. I have included a copy of my previous correspondence outlining my demands and intend on pursuing damages unless I receive written confirmation from you before then. Please do not attempt to reach me outside of this offer and I will only reply via USPS certified mail.


Sincerely,

Signature




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[Credit Expert]

This is a letter called "Estoppel By Silence - Cease and Desist Order" and can be used to stop a debt collector from bother in you in lieu of certain circumstances.



Free Cease and Desist Letter



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Name
Address
City State Zip



Creditor Name
Address
City State Zip
Certified Mail #: 0000

Date: 8-1-2008


Account # 0000


To Whom It May Concern,
This certified letter has been sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested. I would also like to formally advise you that you have intentionally violated several of my consumer rights and you are purposely attempting to collect a debt which is time barred and past the statute of limitations and that being said this letters purpose is three-fold. This is a validation demand, estoppels by silence and cease and desist order all in one. The last activity of this account was well over 5 years ago and according to the law, this debt is time barred and un-collectable. Even though I have requested you to validate this account in the past and you have completely ignored my requests, I have decided to document my request once again however; this time I am also forewarning you that if you continue to attempt to collect on this account and waste my time, I will seek damages against you.


Please understand clearly that 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. Please provide me with the following:



 What the money you say I owe is for;

 Explain and show me how you calculated what you say I owe including a breakdown of ALL charges;

 Provide me with copies of any papers that show I agreed to pay what you say I owe;

 Provide a verification or copy of any judgment if applicable;

 Identify the original creditor;

 Prove the Statute of Limitations has not expired on this account

 Show me that you are licensed to collect in my state

 Provide me with your license numbers and Registered Agent number



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 Trans-Union) 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 for the following:



 Violation of the Fair Credit Reporting Act

 Violation of the Fair Debt Collection Practices Act

 Defamation of Character


If your office’s are able to provide the proper documentation as requested in the following Declaration, 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 or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 15 days from the date of your receipt, I demand 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.


Notification of Estoppel by Silence

As you may be aware, "Estoppel by Silence" legally means that you had a duty to speak but failed to do so therefore that must mean you agree with me that this debt is false. I will use the Estoppel in my case against you. I expect to receive bona fide proof requested on page one of this correspondence within 15 days of this letter or send me documentation releasing me from the alleged debt. Should you again ignore my request for validation of debt I reserve the right to sue your company for violations of my consumer rights as indicated under both the FDCPA and the FCRA and you will be forced to travel and defend yourself.


Notification of Cease and Desist Communication

I have received harassing phone calls from your company and I would also like to demand, in writing; that no telephone contact is made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter via USPS. It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records and any information obtained will be used for that purpose.



Sincerely,

Signature



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[Credit Expert]

Free Follow Up to Validation Request for Medical Debt


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Name
Address
City State Zip



Creditor Name
Address
City State Zip



Date: 1-1-2008


Attachments: Original Letter + Signed Certified Mail Receipt

Account # 0000


RE: Follow Up / Notice of Intent to File Suit


Dear Debt Collection Agent,
I recently sent you a letter via certified mail (original letter & certified receipt attached) demanding you provide me with information regarding a medical debt you claim I owe which you are attempting to collect. You sent me private medical records and confidential medical information which you were not authorized to view or transmit. Without my authorization you have violated my privacy as well as several Federal statutes. These accusations are also directed towards my medical provider which supplied this information to you.

This letter serves as notice that I am demanding you immediately shred and purge my private medical information from your database, you remove the accounts from my credit record permanently and send me confirmation that you have fulfilled my demands.

For the record, I state again that I have no account with you, nor am I your customer, nor have I entered into a contract with you. 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.

I have every intention of filing suit against your company and have documented proof that your company has violated my rights. In an effort to save us both a great deal of time and expense I urge you to delete my private medical history from your records and delete the accounts from the credit repositories which you reported this information to and send me notification that you have complied with my demands. If I do not receive your acceptance of my terms within 60 days I will file suit against your firm and force you to travel and defend yourself.

Sincerely,

Signature


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[Credit Expert]

Collection Agency - Validate - Final Notice - Multiple Debts - Unauthorized Transmit of Medical Follow Up under HIPAA


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Name
Address
City State Zip



Creditor Name
Address
City State Zip






Date: 1-1-2007


Attachments: Original Letter + Signed Certified Mail Receipt

Account 1 # 0000
Account 2 # 0000
Account 1 # 0000
Account 1 # 0000


RE: Follow Up / Notice of Intent to File Suit




Dear Debt Collection Agent,
I recently sent you a letter via certified mail (original letter & certified receipt attached) demanding you provide me with information regarding several medical debts you claim I owe which you are attempting to collect. You sent me private medical records and confidential medical information which you were not authorized to view or transmit. Without my authorization you have violated my privacy as well as several Federal statutes. These accusations are also directed towards my medical provider which supplied this information to you.

This letter serves as notice that I am demanding you immediately shred and purge my private medical information from your database, you remove the accounts from my credit record permanently and send me confirmation that you have fulfilled my demands.

For the record, I state again that I have no account with you, nor am I your customer, nor have I entered into a contract with you. 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.

I have every intention of filing suit against your company and have documented proof that your company has violated my rights. In an effort to save us both a great deal of time and expense I urge you to delete my private medical history from your records and delete the accounts from the credit repositories which you reported this information to and send me notification that you have complied with my demands. If I do not receive your acceptance of my terms within 60 days I will file suit against your firm and force you to travel and defend yourself.




Sincerely,

Signature











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[Credit Expert]

Title:

Collection Agency - Validate - Final Notice - Stop Attempting to Collect or Report Unvalidated Debt 2nd Letter






---------------------------------BEGIN




Name
Address
City State Zip



Creditor Name
Address
City State Zip
Certified Mail #: 0000



RE: Refusal to Validate Debt

Demanding: Stop Attempting to Collect and Report Un-validated Debt!


Date Sent: 1-1-2008

Enclosures: Copy of the original letter


Dear Collector,
I am writing in response to your letter. I sent you a letter explaining that I do not believe I owe what you say I owe and, in accordance with the Fair Debt Collection Practices Act, 15 USC 1692g, Section 809(b):

Validating Debts:

(a) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection

(b) 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. I must remind you that in my previous letter I requested the following information:

 (1) the amount of the debt;
 (2) the name of the creditor to whom the debt is owed;
 (3) Provide a verification or copy of any judgment (if applicable);
 (4) Proof that you are licensed to collect debts in (insert name of your state)

I also requested that if you have reported me to any credit reporting agency, that you inform them that I have placed this debt in dispute and to provide me with proof that you have done so.
As of today, you have failed to respond to my requests! For your convenience, I have included a copy of my previous letter. Since you have failed to respond I assume that you have been unable to validate the debt and therefore, I consider this matter closed. You may consider this letter your official notification that I do not intend to correspond with you on this matter again unless you comply with my requests, the FDCPA and the FCRA.

I must remind you that any attempt to collect this debt OR REPORT IT TO ANY CREDIT BUREAU without validating it upon request violates the FDCPA and FCRA. I am recording all phone calls and keeping all correspondence concerning this matter. Be advised that I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission, the National Better Business Bureau and my attorney.

Either validate this alleged debt or stop attempting to collect it and remove it from all consumer credit reporting agencies immediately.


Regards,

Your Name Here






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[Credit Expert]

Collection Agency - Validate - Final Notice - Stop Attempting to Collect or Report Unvalidated Debt Letter #1




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Name
Address
City State Zip



Creditor Name
Address
City State Zip
Certified Mail #: 0000

Attn: Legal Department



RE: Refusal to Validate Debt

Demanding: Stop Attempting to Collect and Report Un-validated Debt!

Date Sent: 1-1-2007



To Whom It May Concern,
Please be apprised that you are in direct violation of the Fair Debt Collections Practices Act. It is in my opinion that you have violated at least three sections of this act by:
--Failing to validate a debt as allowed to the debtor under 15 USC 1692 (g) Section 809 (b)
--Communicating with a debtor after receiving a cease and desist certified mail under 15 USC 1692 (g) Section 805 (c)
--Harassment of alleged debtor under the "abuse & harassment" subsection of the statute, USC 1692 (g) Section 806 (5)

I have complete and thorough records of your violation(s) and am prepared to protect myself and my rights from unscrupulous collection agencies.

On 1-1-2007, I sent via certified mail, a request for your offices to please provide me with proof of the debt you alleged I owed. In that same letter I also included my cease and desist instructions.
After verifiable delivery of my letter (via your office's signature), you proceeded to mail a simple bill which is NOT considered a "validation of debt" by any means. You may want to familiarize yourself with what is required when validating a debt.

Your office also proceeded to contact me many times by phone after the delivery and acceptance of my certified letter. Contacting a person after a cease and desist can lead to serious trouble for your agency included violation damages of up to $1000.00 per incident.
I highly doubt that small debt is worth your agency license and the fees associated with violations of the FDCPA.

There is no question here that you willfully violated my rights and that I could bring charges against you immediately but I am assuming this has been a terrible mistake on your part and that you will take appropriate steps to enlighten yourself or your staff of such dangerous actions.


I will also be checking my credit report to see if you have willfully reported an unverified and disputable debt to the Credit Reporting Agencies. If so, that will be a violation of the Fair Credit Reporting Act. I will state again in this certified mailing that you have failed to verify the debt as accurate, provided no records of the alleged debt and will remind you not to contact me in any way via phone or mail in reference to collecting this debt.

If you have true and accurate proof of this alleged debt, you may send it to me by mail in the form of complete and accurate billing, payment and account history as allowed to me under federal law. I recommend you have an attorney assist you in understanding this letter if any parts herein are confusing for you.
Should I decide to take action against you for FDCPA violations I may choose either small claims in my venue or a district court to file a federal claim. Please understand that this is a very serious request and your office should treat it as such.



Regards,
Name


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[Credit Expert]

Collection Agency – Dispute – Validate – False Date of Last Activity Notice & Demand








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From
Address
City State Zip


To Collection Agency
Address
City State Zip
Certified Mail #: 0000


Date Sent: 1-1-2009


RE: False Date of Last Activity Notice & Demand


To Whom It May Concern,
I recently reviewed my credit report to discover that you are reporting a false debt on my credit report. I have no knowledge of ever receiving a notice of collection from you nor have I had any direct dealings with you.


I also noticed you took it upon yourself to report a false recent date of last activity which is against the FCRA and a clear violation of my consumer rights. I have already filed complaint with the FTC and my state attorney general and now I am disputing this debt as time barred and unverifiable. Since you are alleging that I owe you monies, have a personal debt with you and are reporting on my credit report please forward the following information.

• Copy of the original application showing terms of agreement.

• Summary of my account activities – including all purchases, payments, late charges, date of payments received and posted.

• All documents signed by me proving the amount of obligation.

• Documented proof that this is my obligation.

• Copy of the purchase agreement between me and your corporation.

• Copies of any and all collection notices sent to me by your corporation.


If you cannot supply me with this pertinent information within 30 days, then I demand that you cease reporting this information and instruct the credit bureaus to remove the entire record from my credit reports. Per the Federal Fair Debt Collection Practices Act you are also given notice to only communicate with me in writing. Any phone calls will be recorded and used against you. You may contact me in writing to inform me if you intend to evoke a specific remedy. Your prompt attention to this matter is requested.



Sincerely,


Signature






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[Credit Expert]

Final Notice to Stop Contact

(This free letter works great to get junk debt buyers off your back)



----------------------------------------------------Begin


Name
Address
City State Zip


Creditor Name
Address
City State Zip



Certified Mail #: 0000

Date: 1-1-2008

RE: Collection Agency – Validate – Final Notice – Estoppel By Silence

Account # 0000


To Whom It May Concern,
This certified letter is to formally advise your company has violated several of my consumer rights. Specifically you failed to validate a debt at my request and continue to report a disputed debt to the credit bureaus. Not only have you ignored my prior requests for validation of but you continue to report this debt to the credit bureaus causing damage to my character.

As you may be aware, "Estoppel by Silence" legally means that you had a duty to speak but failed to do so therefore that must mean you agree with me that this debt is false. I will use the Estoppel in my case against you. I expect to receive bona fide proof requested above, within 15 days of this letter or send me documentation releasing me from the alleged debt. Should you again ignore my request for validation of debt I reserve the right to sue your company for violations of my consumer rights as indicated under both the FDCPA and the FCRA and you will be forced to travel and defend yourself.

On a final note, I insist that any negative information reported to the credit bureaus regarding this account be deleted immediately! If all the information reported by you regarding this account is not deleted from all 3 credit bureaus within 15 days of receipt of this letter, I will also sue for additional damages including defamation of character. I strongly urge you to govern yourself accordingly and remember I have rights.



Sincerely,

Signature





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[Credit Expert]

Collection Agency - Validate - Follow Up - Single Debt - Demand for Delete after Providing Private Medical Info without Authorization




--------------------------BEGIN



Name
Address
City State Zip



Creditor Name
Address
City State Zip






Date: 1-1-2009


Attachments: Original Letter + Signed Certified Mail Receipt

Account # 0000


RE: Follow Up / Notice of Intent to File Suit




Dear Debt Collection Agent,
I recently sent you a letter via certified mail (original letter & certified receipt attached) demanding you provide me with information regarding a medical debt you claim I owe which you are attempting to collect. You sent me private medical records and confidential medical information which you were not authorized to view or transmit. Without my authorization you have violated my privacy as well as several Federal statutes. These accusations are also directed towards my medical provider which supplied this information to you.

This letter serves as notice that I am demanding you immediately shred and purge my private medical information from your database, you remove the accounts from my credit record permanently and send me confirmation that you have fulfilled my demands.

For the record, I state again that I have no account with you, nor am I your customer, nor have I entered into a contract with you. 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.

I have every intention of filing suit against your company and have documented proof that your company has violated my rights. In an effort to save us both a great deal of time and expense I urge you to delete my private medical history from your records and delete the accounts from the credit repositories which you reported this information to and send me notification that you have complied with my demands. If I do not receive your acceptance of my terms within 60 days I will file suit against your firm and force you to travel and defend yourself.




Sincerely,

Signature





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