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Date:___________________
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED NUMBER: XXXXXXXXX
YOUR NAME
YOUR STREET ADDRESS
YOUR CITY, STATE AND ZIP CODE
DEBT COLLECTOR NAME
DEBT COLLECTOR ADDRESS
DEBT COLLECTOR CITY, STATE AND ZIP CODE
RE: ACCT # XXXX-XXXX-XXXX-XXXX AND YOUR DEBT COLLECTION LETTER
DATED _____________
To Whom It May Concern:
I am in receipt of a PAST DUE NOTICE, dated _________, and am responding accordingly. I
choose to respond point for point to what I allege is in fact, an initial communication letter from
your debt collection agency.
This is to inform you that I am a “consumer” as defined by the provisions of 15 U.S.C.
1692a(3). This letter is to further inform you that I deem you as a debt collector, subject to the
Fair Debt Collection Practices Act, which I have a copy of, under 15 U.S.C.1692a(5).
This letter shall serve as my formal notification that I am disputing the entirety of this alleged
debt in full.
I have noted the following deficiencies in your letter.
1. You have failed to provide me with any written documentation or proof of any of the
claims you have made in your initial communication. You have listed debt collection account
reference numbers that I have absolutely no personal knowledge of.
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2. 2. You have failed to provide me with any written documentation or proof in your initial
communication which I received as to who purchased any alleged student loans under any
guarantee agreement bearing my name and personal identifying information.
3. You also failed to provide me with a copy of the guarantee agreement or any of the loan
paperwork that you allege or claim I owe you that is in default.
Therefore, I am disputing the entire balance of what you claim I owe you and further demand
that you provide me with the following:
(a.) Proof of all indebtedness, including copies of any alleged loan paperwork you have in your
possession, on which you base your alleged claim of default;
(b.) Proof of the entire chain of custody of each promissory note you claim that the entity you are
collecting for was “required to purchase”, including but not limited to, copies of the “guarantee
agreement” for each of the alleged loans contained within your initial communication to me;
(c.) Please send me a full accounting of ALL sums due that have been applied to this alleged
loan balance, including alleged default insurance payments, credit default swap payments and
any other insurance that was purchased to cover the entirety of the loan should an alleged default
occur, including correspondence showing the payout dates of these alleged policies;
(d.) If this loan was securitized, along with other student loans, please provide me with the name
of the trust and location of its trustee, including the its full contact information and telephone
number;
(e.) Since you have threatened me with the garnishment of my wages, and based on the
provisions of the United States Code section I have cited below, I hereby demand to be provided
an opportunity to view all my purported loan documents and a hearing at a location close to my
home;
31 U.S.C. § 3720D: US Code – Section 3720D: Garnishment
“(3) The individual shall be provided an opportunity to inspect and copy records relating to the
debt.
(5) The individual shall be provided an opportunity for a hearing in accordance with subsection
(c) on the determination of the head of the executive, judicial, or legislative agency concerning –
(A) the existence or the amount of the debt, and
(B) in the case of an individual whose repayment schedule is established other than by a written
agreement pursuant to paragraph (4), the terms of the repayment schedule.”
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3. This letter shall serve as my formal notice to you that I am responding with the United States
Code section cited above due to the fact that your letter stated that you may utilize additional
collection efforts, including an administrative wage garnishment, tax offset or assigning these
alleged loans to the U. S. Department of Education, who, unless you can provide me with proof
to the contrary, guaranteed these alleged loans in the first place;
(f.) Please provide me with the complete name and address of the original lender and/or creditor
and all correspondence you have in your possession related to these alleged loans.
(g.) Please provide me with the exact location of my purported loan documents, signed by me,
including a direct phone number; and
(h.) Please provide me with copies of all correspondence between your agency and the U. S.
Department of Education, including all loan documents, and any documents you have in your
possession, bearing my legitimate signature, that prove you have the right to collect this alleged
debt, including any agreements signed between you and the alleged creditor you claim to be
representing in your initial communication to me.
Be further advised that I am not limiting or waiving any rights or remedies I may now or
hereafter have, whether arising under your purported loan documents at law or in equity, all of
which rights and remedies I am expressly reserving.
I would also like to request, in writing, since I cannot take your telephone calls into court, 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 the United States Postal Service.
I advise you strongly that you should endeavor to ensure that your records are in order before I
am forced to take legal action. This letter is a formal request for validation sent in an attempt to
correct your records any information obtained shall be used for that purpose.
Failure to completely respond will also result in an FDCPA action being filed against your
company in the appropriate forum.
Sincerely,
___________________
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