Be Professional, cordial and use the law to fight back!Submitted by The Pen on Mon, 07/15/2013 - 01:08
Revised Letter to Debt Collector being sent out tomorrow - this is the second letter of dispute I have sent only to receive a secondary letter of unlawful collection, showing how inept these debt collectors are at performing their jobs. Long live Liberty!
To whom it does concern,
POINTS OF FACT:
1) As defined by (FDCPA) Title 15 USC 1692a Sec. 803(6) Professional Credit Services is a debt collector;
2) an initial letter was received from Professional Credit Services, dated June 4, 2013 attempting to collect an alleged debt so referenced as PCS REF: 05401594;
3) response was sent via United States certified mail service July 1, 2013, receipt/tracking no. 7012-3050-0001-5581-2596 that alleged debt was DISPUTED and that validation was requested as provided under (FDCPA) Title 15 USC 1692g Sec. 809(b);
4) Professional Credit Services received my response July 3, 2013 at 7:29am as verified via the United States Postal Service website tracking resource, which was in itself within the 30 day time period given to respond to the initial letter from Professional Credit Services dated June 4, 2013;
5) Professional Credit Services has failed to provide verification or copy of any judgment if applicable and has failed to obtain and provide validation of alleged debt;
6) Professional Credit Services is in violation of FDCPA 809(b): “If the consumer notifies the debt collector in writing within the thirty-day period...that the debt, or any portion thereof, is disputed,...the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment...is mailed to the consumer by the debt collector”, by their continued attempts to collect on the alleged debt as evidenced by a subsequent letter dated July 8, 2013 as enclosed;
7) in the letter forged by Professional Credit Services dated July 8, 2013, postmarked July 10, 2013 the verbiage is technically identical to the initial letter sent by them dated June 4, 2013 as to the invocation of their rights under Title 15 USC 1692g Sec. 809(a), which in itself demonstrates an ineptitude in the exercising of such rights by the requirement that is imposed upon myself to furnish and pay postage for a response of dispute already received by them July 1, 2013;
8) therefore it is evidenced by Professional Credit Services' secondary attempt to collect an alleged, unvalidated debt that they have a) waived their rights to initiate collection and hence collect the alleged debt referenced in their letter dated June 4, 2013 by voiding said 30-day response period granted to myself under Title 15 USC 1692g Sec. 809(b) with their letter dated July 8, 2013, b) subverted my response of dispute and validation by frustrating the purpose of my response and causing confusion as to the validity and legality of collection efforts made by them, c) haven't the documentation or wherewithal to provide such documentation in order that my initial response be answered as required under the FDCPA;
it is understood that Professional Credit Services has not responded to my letter of response and dispute dated June 18, 2013, postmarked July 1, 2013 and has thereby frustrated cordial and timely communications;
it is to be understood that Professional Credit Services is in violation of the Fair Debt Collection Practices Act, Title 15 USC 1692g Sec. 809(b);
it is understood that Professional Credit Services has listed said account for collection as stated in their letter dated July 8, 2013, which is interpreted by myself to mean the listing of said account with and by any and/or all credit reporting agencies;
it is understood that Professional Credit Services has listed said account for collection without properly and lawfully validating it;
it is to be understood that Professional Credit Services is in violation of the Fair Credit Reporting Act, specifically to the degree that they have failed to acknowledge the dispute received by them July 3, 2013, which is pursuant to 15 USC 1681s-2 Sec. 623(a)(3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer;
it is to be understood further that Professional Credit Services is in violation of the Fair Credit Reporting Act, specifically pertaining to (and pursuant to 15 USC 1681s-2 Sec. 623(a)(3) as stated above) 15 USC 1681(c) Sec. 605(f) Indication of dispute by consumer. If a consumer reporting agency is notified pursuant to section 623(a)(3) [§ 1681s-2] that information regarding a consumer who was furnished to the agency is disputed by the consumer, the agency shall indicate that fact in each consumer report that includes the disputed information, as there has been no response to indicate that Professional Credit Services has in fact reported the correct disputed information to the proper credit reporting agencies required of them under 15 USC 1681s-2 Sec. 623(a)(3) since they have in fact failed to respond to my request for validation of alleged debt as required in order to pursue collection of alleged debt under the FDCPA;
it is to be understood that Professional Credit Services has in no way proven that they are innocent of fraudulent and deceptive practices in their attempts thus far to collect on this alleged debt;
it is to be understood that Professional Credit Services has in no way proven the legal rights they are assuming, whether by assignment, sell or transfer in attempting to collect the alleged debt;
Professional Credit Services, by means of Title 15 USC 1692c Sec. 805(c), is ordered to cease all communications with me related to this alleged debt, except as provided under Sec. 805(c)(1),(2),(3) and be made aware that the alleged debt is not only disputed but is refused of payment entirely.
Let it be known that legal action may commence if Professional Credit Services fails to follow the laws established under Title 15 USC 1692-1692p. Thank you for your attention to these matters.
Peace and Love to all.