My Letter To A Debt Collector :-)

I think this comes under conspiracy, since it's a conspiracy to commit fraud by the corporate world.

My wife has had a debt collector calling her for years and they happened to call me while she was out tonight, so I decided to try out some of the strawman stuff I've been researching for the last few months and see what happens. This is what I'm sending them. I'll let you know what the results are in a few weeks.:-)

 

I am responding to a telephone collection call that was received from your office on June 15, 2009.

 

I will be glad to pay any and all debt I have contracted with you or your organization upon valid proof of contract between us. Since I have never heard of your company nor do any of my records show any dealings with you, this is required.

 

In the event that this debt is not validated by you as required by the Fair Debt Collections Act, you have a legal responsibility to terminate the claim and correct any negative credit reporting which may have been made in connection with this alleged debt by you or your company.

 

As you know, all valid contracts have to have four requirments to be a legal.

1) An offer by one party.

2) Consideration by the other party.

3) Acceptance by the other party.

4) Signatures by all parties involved.

 

Without proof of a valid contract, it is a fraud scheme and illegal and is answerable to any and all legal remedies available by law.

 

You are hereby notified under provisions of Public Laws 104-208, also known as the Fair Debt Collection Practices Act, that your services are no longer desired.

 

Also you are hereby in receipt of notification under the authority of the Fair Debt Collections Practices Act regarding your above referenced file number that part, or all, of the alleged debt is DISPUTED.

 

And without validation of your said obligation, you and your organization must CEASE & DESIST all attempts to collect the above debt. Failure to comply with this law will result in immediate filing of a complaint with the Federal Trade Commission and the Washington State Attorney General's office. All criminal and civil claims against you and your company can and will be pursued.

 

 

I hereby demand validation and verification, in writing, as follows:

 

 

1) A copy of the ORIGINAL signed contract and other supporting documentation that gave rise to the alleged obligation Dewey, Cheatum and Howe is claiming I owe.

2) Statement, under penalty of perjury:
    A. That your client is the bona fide party in interest of the contract and will  

        produce said ORIGINAL signed contract (#1 above) for my own and a  

        Judge’s inspection should there be a trial to contest these matters.
    B. The name and address of all persons, corporations, associations, legal   

         firms or any other parties and entities having an interest in the collection or   

         legal proceedings regarding the alleged debt.
    C. That as a debt collector you have not purchased evidence of debt and are  

         proceeding with this collection activity solely in the name of the original

         contracting party.
    D. And provide written verification from the original creditor that you are

        authorized to act on their behalf in this debt collection action.
    E. That Dewey, Cheatum and Howe has taken reasonable and prudent

        diligence to verify that the amount claimed owed is in fact a legitimate debt

        owed to your company prior to instigating this action and making said claims, and 

        that all relevant correspondence has been reviewed prior to initiating this claim.

3) Production of the account and general ledger statement showing the full accounting of the alleged obligation you are attempting to collect from me, signed and sworn by the person responsible for maintaining these records and having first hand knowledge as to their accuracy and authenticity, and able to testify under oath to that effect.

 

Contacting me again after receipt of this notice without providing procedurally proper validation of the alleged debt constitutes a scheme of fraud by advancing a writing or telephone call that you know or should know is false, with the intention that the courts and/or others rely on these communications to impair or damage my credit rating, my reputation, my standing in the community as well as intentionally inflicting financial and emotional harm upon me. I take this notice and my rights very seriously and expect Dewey, Cheatum and Howe to do the same.

Let this letter also serve as your warning that I may utilize telephone recording devices in order to document any telephone conversations that we may have in the future.

Furthermore, if any negative information is placed on my credit bureau reports by your agency, this will cause me to file suit against you and your organization, both personally and corporately, to seek any and all legal remedies available to me by law.

 

I also will not respond to any future correspondence sent via certified mail which is not signed and/or does not indicate who at your firm has sent the demand for payment.

I expect timely responses to the above confirmations and that they be made in writing and sent via certified mail to the address listed above.

 

Alternately, you will send a certified letter from your firm stating that the matter has been satisfied and that any adverse credit reporting relating to this transaction has been expunged by the three major credit reporting agencies.

 

Give this matter the attention it deserves!

And by the way, have a nice day.

Signed:

FU Seriously

Typed Name:

FU Seriously

 

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