Angry And Disgusted
Mytown,#2Consumer Suggestion
Sat, May 09, 2009
Request Validation immediately, then file complaints with FTC, AG of NY, NY Bar Association, and AG of your state. Copy the FTC, the offices of the various Attorneys General involved and the NY Bar Association on your letter to them -- let them know you're well aware they have no right to collect a non-existent debt from you right up front and that you will proceed with legal action or fight any legal action on their part. I like this letter: May 9, 2009 Your name Your address Mitchell N. Kay, P.C. 7 Penn Plaza New York, NY 10001 Re: Your Account # __________________ To Whom It May Concern: This letter is being sent to you in response to a notice sent to me on (date of letter). Be advised that this is 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, Your name CC: FTC, Attorney General of NY, Attorney General of your home state, NY Bar Association (with addresses). Now, some people suggest you not officially sign this letter as these sleazoids will use that signature to forge documents to use against you. If you don't, I'd sign the copies you send to the various government offices and note that you have declined to sign the original letter to these thugs because they are known to forge documents. Good luck. Don't back down.