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  1. #1
    Join Date
    Aug 2006
    Posts
    5

    Default Opinions from those in the know.

    Background - Original Creditor states that the account was sold to someone OTHER THAN this agency currently collecting. They verified last payment was made 4 years and 10 days ago. This collector has lied repeatedly about the debt and their credibility is ZIP.



    August 2nd, 2006

    Attn: Collection Agency X
    Chicago USA

    RE: – Agency allegedly owning debt/ Original Creditor
    O.C. Account # xxxxxxxxx
    LERS Acct # xxxxxxxx

    My initial correspondence with you, received in your offices on 7/25/06, was a request for validation of the debt. It was in response to your initial correspondence with me, dated 7/3/06 requesting over $4000.00 to be sent as payment for an alleged debt with your company. I replied in a timely manner, well within my 30-day right to do so.
    My reply was not a refusal to pay, but a request for validation. During the validation process, it is a violation of Federal Law to contact me in an effort to collect. A request for validation brings to a halt all collection activity until proper validation is provided. In violation of FDCPA, you sent a collection letter dated 7/27/06, two days after my validation request. I also received a phone call in another attempt to collect, also AFTER your receipt of my request to validate. At this time, I am becoming convinced that you are unsure of the laws regarding collections and, giving you benefit of the doubt, I am once again requesting that you provide validation of the debt. This second chance is in lieu of legal action that is well within my right to pursue. This letter serves as notice that your attempt at account validation was incomplete as outlined in the FCRA and FDCPA. To better assist you, I have included a list of information that I request you provide.

    1) What is this debt for?
    2) Where did the total due come from? (Calculations, percentages, etc.)
    3) Copies of contracts or other documents indicating that I have any relationship with your company.
    4) Prove the Statute of Limitations has not expired on this account. (Proof is not simply stating what YOU BELIEVE is the DOLA. PROOF is something like a cancelled check or other documented transaction that has taken place within the last 4 years. A statement perhaps)
    5) Show me that you are licensed to collect in my state and provide me with your license numbers.
    6) Provide some kind of payment history with you that established a valid debt to LERS or Worldwide Asset Purchasing including fees, amount, interest, etc. In other words; DETAILS
    7) Copy of an original signed contract. I don't recall ever having a contract with LERS or WWAP
    8) Amount of debt when allegedly “purchased” by Worldwide Asset Purchasing.
    9) Amount paid by Debt Buyer for the alleged debt.


    Your response did identify an original creditor as XXXXXXX and included an account number but I did not get any account statement from XXXXXX. Nor did I get any Affidavit of Sale from XXXXX to your company. I have never had an account with Debt Buyer Y or Collection agent Z so what I am hoping you can establish is proof of your right to collect this debt at all, and more importantly, that you have any right to collect from me. I will be waiting for these documents and expect that you will obey the law and discontinue collection activities until these items can be substantiated and verified.

    I have been in contact with XXXXXX as well as my bank with regard to this matter. My records appear to be correct and verifiable.

    If your company can’t provide me with the information requested, you will have no reason at all to ever contact me again and you will need to discontinue your collection activities.

    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, nor have I ever opened an account with Y or Z, nor have I received goods or services from either company.

    As a side note, I would pay particular attention to some common terms and statements that seem to give "some" Collection Agencies problems. Some key items that come to mind are...

    Date of Last Activity
    Re-Aging
    Statute of Limitations
    False statements made in an effort to collect
    Threats to sue without legal right to do so (See Statute of Limitations above)
    Accusations made by Collection Agencies of wrongdoing while collecting, such as criminal activity on the part of the debtor.
    One Party State (as it pertains to recording conversations in my state of TEXAS. Interesting note: Even though Illinois is a two party state by statute, case law has supported the average citizen's use of recording without notification of the other party)
    Unjust Enrichment (now, how much did you say you paid for this debt again?)
    Misrepresenting the value of the debt on a 1099C

    This should provide the head start you need to expedite the validation process. If you need any further guidance, I am afraid you will need to seek that out on your own. I feel it a true conflict of interest for me to help you any further.

    Have a great day,

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Opinions from those in the know.

    Who says they have to give you a detailed account statement from the original creditor? You know who the creditor is, and from that alone you have to have a pretty good idea of whether or not the debt is valid and how much it would be.

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