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Dispute Letter To Collection Agency
The last thing anyone wants to deal with is disputing a debt with a collection agency. The process just seems to be absolutely dreadful. Dealing with collection agencies can be stressful as they are often relentless and have the tendency to harass. In these instances it is of great importance that you keep careful documentation of all calls and correspondence between you and the agency. If you are certain that you have been wrongly accused of a debt you may be interested in sending a collection dispute letter.
You letter should be in a professional format and with the date, your name and address as well as the collectors. Let the collectors know that you are writing in response to the letter or phone call you received and you do not believe the debt allegations are true. For extra backing you may want to include the Fair Debt Collection Practices Act, Section 809(b): Validating Debts stating:
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of ...
... the original creditor, 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, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
Be sure to let the collection agency know that you would like to be provided with the name of the creditor to whom the debt is owed, the amount of the debt, if applicable, provide a verification of any judgment and proof that the agency is licensed to collect debts in your state. Let it be known that you are fully aware of your rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act.
Be clear in iterating that since you have disputed the debt in writing within 30 days of receipt of the dunning notice the collection agency must obtain verification of the debt or a copy of the judgment against you and mail those items. The collection agency also can not add interest or fees except those allowed by state law or the original contract.
Let the collection agency know that you are keeping accurate records of the correspondences and will not hesitate to report violations of the law to the Federal Trade Commission, the Better Business Bureau and the State Attorney General.
Be aware that if that some collection agencies may have reported your debt to a credit reporting agency (CRA) or Credit Bureau (CB) if this is the case be sure to have the credit agency inform them that you have disputed the debt.
Send your collection agency dispute letter via certified mail so that you know exactly when it is received.
If you have any questions or you'd like an example letter please feel free to visit CreditElves at www.creditelves.com.
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