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Notice of Fraud to Collection Agency
(FULL NAME)
(ADDRESS)
(CITY, STATE & ZIP)
(DEBT COLLECTOR)
(ADDRESS)
(CITY, STATE & ZIP)
(DATE)
Legal Department,
I am in receipt of your letter dated (date) which continues to allege you are a person entitled to enforce a debt claim against me. Your attempt to validate the debt in question by producing copies of an assignment, or copies of a contract is not a proper response to my constructive notice. It’s an another example of your company using unfair and deceptive means to collect an alleged debt.
You have no standing to collect anything unless you can show me:
1. Your lawful or statutory authority to collect without my consent, or;
2. Evidence I have consented to contract with you.
Anything outside the scope of proper proof of claim is irrelevant and immaterial.
I have already contacted my local Congressman to have your deceptive and fraudulent documents promptly forwarded to the Federal Trade Commission, Attorney General and the Postal Inspection Service for further scrutiny. Act accordingly.
Sincerely,
(Your Name)
(No signature necessary) |
Notice of Fraud to Collection Agency (Alternative)
NOTICE OF FRAUD
Niagara Credit Solutions, inc
420 Lawrence Bell Drive, Suite #2
Williamsville, NY 14221-7820
RE:1820548
6/14/2010
Legal Department,
Your papers attached hereto are REFUSED, DENIED AND RETURNED FOR FRAUD. For an enforceable debt claim to be lawful (ALL parties must consent to contract) or you must have statutory authority by Congress (like the IRS). I have never given consent to contract with your Office. In addition, evidence of debt alone does not make you a person entitled to collect. If your presumption is you’ve obtained tactic or implied consent, you have now been put on notice that any subrogation has now been rebutted and any presumption of consent is hereby VOID for Fraud. Mail Fraud by sending me letters via United States Mail in a scheme to Defraud me of money and/or ty ( which constitutes Racketeering and Extortion,) which is a "Federal Criminal Act" according to the RICO ACT U.S.C.18 Section 1341 & U.S.C.section 1962 (a) and causing me Financial Harm by reporting derogatory items on my credit reports.
Further, the Fair Debt Collection Practices Act does not give you the authority to force me to consent to contract with you. Show me your lawful authority to enforce an alleged debt claim against me to my detriment without my consent.
Also you have not proven the alleged debt is valid or the amount of the alleged debt is accurate. You must prove that the Principal, Interest, and Collection Costs are all correct, agreed to in contract, and Lawfully charged. I also insist that you come up with the Contract with YOUR name on it, A notarized sworn affidavit from an employee of the originating creditor who has “first hand knowledge” the claim you are alleging is valid (a competant fact witness) who was present at the time of signing said alleged instrument, Account Statements and Purchase Receipts to prove the amount of the alleged debt.
You are also in violation of the Fair Debt Collection Practices Act by the use of misleading representations and unfair and deceptive practices in the attempted collection of a debt.
You are a third party and were not present when the alleged debt was being formed and cannot give First-Hand testify to the veracity of the alleged debt, payments made or processed.
If you cannot substantively answer the above within 15 days and either prove your authority or prove a specific contractual obligation exists between YOU and ME, then cease and desist and immediately remove any derogatory reporting to the credit bureaus. Further, as an act of good faith provide me written confirmation this matter has been resolved and any negative reporting to the credit bureaus has ceased.
Should you ignore this letter and continue your collection efforts I will swiftly and without hesitation forward a copy of your fraudulent papers to my local Congressman, the Federal Trade Commission, Your State Attorney General and the Postal Inspection Mail Fraud Criminal Investigations Service for further scrutiny.
Act Accordingly!
(Your Name)
(Address)
NOTICE: This is an attempt to avoid Civil Litigation. Any information obtained will be used for that purpose. |
1st Dispute letter to Credit Bureau (Multiple Items on one letter)
Equifax Consumer Relations
P.O. Box 105873
Atlanta, GA 30348
Date:
Dear Equifax,
I have just received my credit report and have noted that it contains erroneous information regarding the following accounts. I would like them investigated and deleted from my report:
Creditor Name: COMPANY OR CREDITOR - Account #: XXXXXXXXXX This account is listed as an over limit account. This account has inaccurate balance and limit information. I am not over my high balance limit on this account. The creditor has erroneous and "Invalid" information being reported. Please have this account corrected to have the accurate limit and balance being reported. Or Delete the item.
Creditor Name: COMPANY OR CREDITOR - Account #: xxxxxxx:xxx This account is listed as being in a bankruptcy. Under section 607 of the FCRA you must insure maximum possible accuracy of the information contained in my credit report. You have not comp lied with this under provision 5 USC section 1681 i of the FCRA, I demand that this item be deleted from my record.
Creditor Name: COMPANY OR CREDITOR - Account #: xxxxxxx:xxx This account should be removed because the debt is satisfied and therefore should not be reported as a charged off. I demand this item be deleted from my Credit Report.
Creditor Name: COMPANY OR CREDITOR - Account #: xxxxxxx:xxx Please provide me with the documents this agency Provided you as Proper Proof of claim that a Contract exists between this agency and myself, or i demand Deletion of this item from my credit file in accordance with the Fair Credit Reporting Act.
Creditor Name: COMPANY OR CREDITOR - Account #: XXXXXXXXXX This account is incorrectly listed as a foreclosure on my credit report due to a creditor error. Therfore i am requesting you verify this item i am disputing at a higher standard than a computer generated inquiry or third party database search. Please notify the source who reported this item within 5 days after receiving this dispute, and obtain verbal or hand written verification directly from a person at that source. Verify with that person my full name, date of birth, social security number, status, date oflast activity, balance, high balance and amount. IF ANY ONE OF THESE NINE ITEMS OF INFORMATION IS INACCURATE OR INCOMPLETE, THEN THIS ITEM MUST BE DELETED. I demand this item be deleted from my credit report.
Inquirer's Name: COMPANY OR CREDITOR inquired on XXXXXXXXXX. This creditor has an inquiry on my report. This agency never had my authorization to look at my credit OD this date. Please have this inquiry removed.
Creditor Name: COMPANY OR CREDITOR - Account #: XXXXXXXXXX This account is listed as a judgment. Under provision 15 USC Section 1681i of the FCRA, I request that this item be deleted from my record.
Creditor Name: COMPANY OR CREDITOR - Account #: xxxxxxx:xxx I was never late paying this account and the creditor has failed to prove so. Under section 1681j if the FCRA, reinvestigate this late payment. This late payment should not appear on my credit report. Please Delete.
Creditor Name: COMPANY OR CREDITOR - Account #: XXXXX:XX:XXX This account should be removed because the debt and creditor have been satisfied and therefore should not be reported as a profit and loss. Please Delete.
Creditor Name: COMPANY OR CREDITOR - Account #: xxxxxxxxx:x This account is listed as a repossession. This account should be removed because the debt is satisfied and therefore should not be reported as a repossession.
Creditor Name: COMPANY OR CREDITOR - Account #: XXXXXXXXXX This account is listed incorrectly under my name. This account does not belong to me. The creditor either has the account under a similar name as mine or has the social security number incorrect 011 their records. I Demand this item be deleted from my credit report.
Please investigate and delete these disputed items. 30 days constitutes a reasonable time to check these out. Please send an updated copy of my credit report to my mailing address below.
Your immediate attention to this matter is greatly appreciated. Please send me a copy of my updated credit report as soon as your investigation is complete.
Sincerely,
First Name Middle Last Name
Social Security #:
Present Address:
My Street My City,
000-00-0000
Birthdate: 10/10/1900 |
CREDIT BUREAU DISPUTE FOR
ANY NON-ACCURATE OR UNKNOWN ITEM
(FULL NAME)
(ADDRESS)
(CITY, STATE & ZIP)
(CREDIT BUREAU)
(ADDRESS)
(CITY, STATE & ZIP)
(DATE)
Legal Department,
I am requesting the verification of a negative item on my credit report. As you know, the Fair Credit Reporting Act requires you to follow reasonable procedures to assure maximum possible accuracy of the information on my credit report. Therefore, I am requesting you verify the item I am disputing at a higher standard than a computer generated inquiry or third-party database search. Please also notify the source who reported the item within 5 days after receiving this dispute, and obtain either verbal or hand written verification directly from a person at that source.
Verify with that person my full name, address, date of birth, social security number, status, date of last activity, balance, high balance and amount (if applicable). If any one item of these nine items of information is inaccurate or incomplete, then the entire item must be deleted. When you finish your investigation I want the name, address, and telephone number of the person at the source you contacted.
I will expect you to complete your investigation within 30 calendar days from the date you receive this dispute or the item being disputed will be unverifiable and subject to deletion.
The item appears on my credit report as:
(List 6 to 9 parts of the item(s), i.e. account name, status, and balance).
EXAMPLE:
Item Name #1 Disaster Card
Balance $3996
Original Amount $3202
Past Due $3996
Date of Last Activity 6/2005
Status Charge-off
Type Revolving Account
ETC.
The reason I am disputing the item is because (see reasons list for applicable explanation)...
Thank you for your cooperation in advance.
Sincerely,
(Your Name)
P.S. Please find attached a copy of my Drivers License and Social Security card to verify identity.
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