Deal With Creditors

Whever I have to deal with a collection agency I send them the letter below via
certified mail. You have to respond to the first letter you get from them within 30
days. It has always worked for me and I've never heard back from any of the
agencies.
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on January 14,
2011. Be advised that this is not a refusal to pay, but a notice sent pursuant to
the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim
is disputed and validation is requested.
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;
# 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
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 TransUnion)
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 offices are able to provide the proper documentation as requested in the
following Declaration, I will require at least 30 days to investigate this
information and during such time all collection activity must cease and desist.
Also 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 30 days from the
date of your receipt, 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.
I would also like to request, in writing, that no telephone contact be 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 by
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, any
information obtained shall be used for that purpose.
Best Regards,
a BOSS
Or...
It's time to take them to court, for unfair collection practices. But here's
another helpful tool. The next time that they contact you, let them know that since
you've not received proof of debt, any further correspondence, that they send, call
or communicate with you, they will be charged the standard rate of $156.00 per
minute of communication, and that further contact will be regarded as a consent for
such charges.
This got me about $700.00 from a collection agency, that was pursuing an illegal
debt.
At the time, I was a self-employed publisher. I made a small number of four part
invoices, naming myself as a debt consultant. I sent them an invoice, with my time,
at a given dollar amount, and let them know they had thirty days to pay, or I'd
begin charging interest. They were very professional, and sure enough, about 40
days in, I got my check.
It listed myself, as debt consultant, my address, etc, and then it listed five
hours of consulting time, at a given rate, then a total. Send pink copy back with
check, keep yellow copy for your records. That kind of thing.
The way I'm reading this:

1. DC demands payment (phone or letter) within 30 days
2. You request proof of debt (FCRA) within 30 days
3. DC continues demands without proof within 30 days
4. You let DC know that, since they have not given you the required proof of debt
(FCRA), any further contact will be charged your standard rate of $156 per minute,
and that further communication will be regarded as consent for such charges.
5. DC contacts you again
6. You send invoice
Can't the DC come back at you for fraudulent charges? Or do you have them by the
short hairs because of the consent statement?
Are they fraudulent? They consented to your consultancy regarding debt matters. by
continuing the conversation, they consented to the contract. This is especially
true, if you record the conversation, and state that you are recording the
conversation. Try something like this:
Answering, upon realization that it is said debt collector you say "You have failed
to provide proof of debt, as I had requested in writing, and that is your
responsibility. Henceforth, any future correspondence, by voice or in written form,
will be considered consent, to my services in debt consultation. Now, my time, is
very valuable, so you're going to be charged my standard rates of (insert number
here) per minute. Do you consent to this contract? Also note, this call is being
recorded for use in investigating this matter."
They usually won't say no, but if they do, say something like this "Then, we have
nothing to discuss, until proof of debt arrives in my hands. Please note, that ANY
further communication prior to proof of debt, is consent to my services".
The person you're dealing with is most likely a call center peon, and has not a
clue how to deal with what you just said, but they're under instructions to keep
the conversation going until you've consented to pay. This works in your favor.
They'll say just about anything, to keep you from getting off the phone without a
promise to pay. Remember, they're recording the conversation also, and if you
promise to pay, it renews the debt, even if there wasn't one before. The one that I
had, said "you do whatever you have to do, but you have to pay this debt now" That,
was consent to my services. It's not fraudulent charges at all. You are providing a
service, consultation on a debt. You should be charging for your time.

Deal With Creditors

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Whever I have to deal with a collection agency I send them the letter below via

To Whom It May Concern:

This is NOT a request for “verification” or proof of my mailing address, but a

Please provide me with the following:

# What the money you say I owe is for;

* Violation of the Fair Credit Reporting Act

The way I'm reading this:

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