Letter Disputing Collection Agency's Validation
My question involves collection proceedings in the State of: Nebraska.
"Thanks for sending validation of the original debt of amount of $xxx.xx.
On or about July 22, I also received your earlier letter dated July 17, a copy of which is enclosed. This letter stated that unless I notify your office within 30 days of receipt of that letter that I am disputing the debt or any portion thereof, your office then would assume that the entire debt was valid.
I am writing today to dispute a portion of the debt. The letter I received on or about July 21 states that the total debt amount is $x,xxx.xx. Another letter received from your company on July 28, 2008, states that the debt amount is $x,xxx.xx.
I accept the original amount of the debt ($xxx.xx) as valid and am willing to pay that amount. I am disputing any amount above that, including, but not limited to, fees and interest.
Also, I would like to mention that a couple things are troubling about ABC's debt collection practices.
I first became aware of this debt via your phone call to me on June 25, 2008. According to the Fair Debt Collection Practices Act, a debt collector is required by law to send written notice within five days of the first phone contact. Written notice from ABC did not arrive until July 17, and that was after I requested it again in a voicemail that I left for you on July 15.
Furthermore, none of the letters that I have received have stated how and why the new balance was arrived at, as is required under the case Fields v Wilber Law Firm.
Please let me know if ABC is willing to remove any fees above the original amount of the debt."
I don't want to make any admissions against interest but I do want to do what is right on this debt. Is this letter ok? I have to send it today. Thanks to anyone who takes the time to read this.
Re: Letter Disputing Collection Agency's Validation
So basically, you disputed the debt and when they verified it they found out that you owed a greater amount?
Why not just make a settlement offer at or beneath the amount you're now willing to stipulate as correct, and see if they bite?
Re: Letter Disputing Collection Agency's Validation
Hi - They sent validation which showed the original amount of the debt at below $1000.00. They have subsequently added on about $500.00 of their own fees without explaining what it was in the letters they sent to me. So I am saying in the letter is that I accept the original balance portion of the debt as valid but not the fees they are tacking on.
So at the bottom of my letter, I just said, please let me know if you are willing to accept the original amount of the debt.
Re: Letter Disputing Collection Agency's Validation
Since it is illegal for them to give you a total other than what you owe without telling you how the new balance was arrived at, I think that the letter is OK. Remember that if they want to play hardball, you already have a violation of the FDCPA.