Library Failed to Extort Me - Thanks for all the support!

[KillyKillall]

w/ this attached:

CREDITOR/DEBT COLLECTOR DECLARATION

Please provide all of the following information and submit the appropriate forms and paperwork within 30 days from the date of your receipt of this request for validation.

Name and Address of Alleged Creditor:______________________________________________________

Name on File of Alleged Debtor: _____________________________________________________________

Alleged Account #: _____________________________________________________________

Address on File for Alleged Debtor: ____________________________________________________________

Amount of alleged debt: _____________________________________________________________

Date that this alleged debt became payable: _____________________________________________________

Date of original charge off or delinquency:___________________________________________________

Was this debt assigned to debt collector or purchased? ____________________________________________

Amount paid if debt was purchased: ___________________________________________________________

Commission for debt collector if collection efforts are successful: ____________________________________

- Please attach a copy of the agreement with your client that grants <get company?s name> the authority to collect this alleged debt.

- Please attach a copy of any signed agreement debtor has made with debt collector, or other verifiable proof that debtor has a contractual obligation to pay debt collector.

- Please attach a copy of any agreement that bears the signature of debtor, wherein he/she agreed to pay creditor.

- Please attach copies of all statements while this account was open.

Have any insurance claims been made by any creditor regarding this account? YES NO

Have any judgments been obtained by any creditor regarding this account? YES NO

Please provide the name and address of the bonding agent for (Name Of Debt Collector), in case legal action becomes necessary: _____________________________________________________________



______________________________
Authorized Signature For Creditor

______________________________
Date

You must return this completed form along with copies of all requested information, assignments or other transfer agreements, which would establish your right to collect this alleged debt within 30 days from the date of your receipt of this letter. Your claim cannot and WILL NOT be considered if any portion of this form is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information back.

 

[Viper GTS]

Originally posted by: KillyKillall
Sending the following letter to the company once I finish proof-reading:

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on (Date). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 that your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following:

- Violation of the Fair Credit Reporting Act

- Violation of the Fair Debt Collection Practices Act

- Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no further telephone contact be made by your offices to my home or to my place of employment. If your offices continue to attempt telephone communication with me 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.

It would be advisable that you and your client assure that your records are in order before I am forced to take legal action.

Best Regards

Sounds good.

Couple things:

1) Did you check what the statute of limitations is in AZ? Some states are remarkably short, while you're probably still in it's worth a check. If they're outside that window it's game over.

2) Did you check to see if AZ requires licensing of debt collectors? If so you need to ask them for proof that they are properly licensed/registered/whatever is required.

Unlike what other people in this thread have suggested, the burden of proof falls COMPLETELY on them.

Viper GTS

 

[imported_nerve]

:thumbsup:

Check out Credit Boards

Good advice and tells you what the laws are about collections and such.

A letter to Collection agency to show proof and verify. If they cannot then they have to drop amount owed.

 

[KillyKillall]

1) Yes, it looks like SOL in AZ is 6 years for Contracts. I'm getting exact date of books being checked out now and hoping past 6. This will make it go away fast.

2) I'm in the process of checking licensing and bonding now. AZ does require it from each agency that tries to collect debts here.

- Yes, they're good to go in AZ. Just checked.

3) You're right. I have determined that by law the burden of proof DOES fall on the university/collector.

 

[KillyKillall]

Update 2:

Letter sent certified today.

 

[krunchykrome]

Wow, this is interesting. I cant wait for the next update.

 

[SurgicalShark]

Your language sounds professional, hope this would scare them off. Keep us posted. Fight, Fight, Fight!

 

[Stiffe]

First off a school library charging u that much for books PUHLEASe
secondly the letter you wrote seems amazingly professional.
as krunchykrome said

"I cant wait for the next update".

Beat the system

 

[SVT Cobra]

Nice job on the letter! Hope this turns out in your favor.

 

[SarcasticDwarf]

Hey dumbfvck, people have a different numbers of posts per page.

 

[Ayah]

I hope it works out for you

 

[KillyKillall]

Originally posted by: SarcasticDwarf
Hey dumbfvck, people have a different numbers of posts per page.

Thanks dumbf<>ck. That probably means you're still smart enough to find it.

 

[KillyKillall]

Update 3

The head of library collections finally called me back today. Right out of the gate she asked me to return the books, pay for them, or prove that I returned them. I tried to be as polite as possible in telling her that her staff has apparently misplaced the books.

I also asked the dates of checkout and return date. Guess what, it was OVER 6 years ago (June 2000). I'm pretty sure this means they are beyond Statute of Limitations and informed her of such. She tried to tell me that this was property of the state and that Statute of Limitations didn't apply!!!! :Q My reply? I asked if she was a lawyer. She said no and that she didn't really know anything about Statute of Limitations and would have to contact the University of Arizona legal staff.

I assumed at this point that we're not going to get very far and let her know that I will not work with her AND the collection agency they work with. I also informed her of my validation letter and that if she wishes to contact me regarding this issue further, please do it in writing only. She told me that the letter won't do much good because it will just end up in her office and she'll say the same things in reply to it that she told me on the phone.

It worries me how sure she is of herself, but I'm pretty sure it's because she has no f'ing clue what she is talking about. Honestly, I'm hoping that either a) this is out of their reign due to SOL or b) they don't respond within 30 days so that this can be deleted.

 

[SVT Cobra]

Originally posted by: KillyKillall

Update 3

The head of library collections finally called me back today. Right out of the gate she asked me to return the books, pay for them, or prove that I returned them. I tried to be as polite as possible in telling her that her staff has apparently misplaced the books.

I also asked the dates of checkout and return date. Guess what, it was OVER 6 years ago (June 2000). I'm pretty sure this means they are beyond Statute of Limitations and informed her of such. She tried to tell me that this was property of the state and that Statute of Limitations didn't apply!!!! :Q My reply? I asked if she was a lawyer. She said no and that she didn't really know anything about Statute of Limitations and would have to contact the University of Arizona legal staff.

I assumed at this point that we're not going to get very far and let her know that I will not work with her AND the collection agency they work with. I also informed her of my validation letter and that if she wishes to contact me regarding this issue further, please do it in writing only. She told me that the letter won't do much good because it will just end up in her office and she'll say the same things in reply to it that she told me on the phone.

It worries me how sure she is of herself, but I'm pretty sure it's because she has no f'ing clue what she is talking about. Honestly, I'm hoping that either a) this is out of their reign due to SOL or b) they don't respond within 30 days so that this can be deleted.

LOL they are grasping at straws and are just hoping you will pay. Do you have a lawyer friend then can close this for you real quick, because it sounds like you have it in the bag, just need to make sure they don't screw with your credit more.

 

[KillyKillall]

Originally posted by: F22 Raptor
LOL they are grasping at straws and are just hoping you will pay. Do you have a lawyer friend then can close this for you real quick, because it sounds like you have it in the bag, just need to make sure they don't screw with your credit more.

Nope, I don't. I do however get free legal counsel (like 5 hours per year) through my job. It is mainly phone based, but they can refer me to a local lawyer should I need one.

Thanks to everyone for your guidance, help and support. Had you guys not referred me to www.creditboards.com/forums I would still be in the dark on this thing.

 

[knightc2]

I work in a public library. We have a tough time getting people to return items all the time. We often do send sheriff letters and will occasionally send people to small claims court to recover damages. Books can be expensive and usually it is the rare, expensive or in demand items that end up missing. In your case it does sound rather fishy that all of the books you say you returned came up missing. I am not saying you did not return them, but it would be very unlikely that all of them did not get checked in accidentally. There are of course computer glitches and human error that do cause problems. I am not defending the lady at the library, but she is probably bitchy because she has to deal with deadbeats all the time and assumes that you are no different than all the other idiots she has to deal with.

Do you know anyone that works at the library? See if they can look at the books in question and see if they have been checked out at any time since they were supposed to be returned. This would certainly clear your name.

We are very reasonable with people and often give them the benefit of the doubt. We will work with people on fines and lost book charges as well. I don't know why this lady didn't propose to make some sort of deal with you. I do know that they have you by the balls though. I am surprised that they didn't put blocks on your grade reports/credits I know that when I was in college they wouldn't allow me to graduate or even get credit for classes if I owed over a certain amount at the library. And why did they not send you any notices in the last four years? That is quite strange. And how do you prove that you returned them? You don't get receipts when you return books at most librarys. Anyway, let us know how this turns out. Good luck.

 

[SVT Cobra]

Originally posted by: knightc2
I work in a public library. We have a tough time getting people to return items all the time. We often do send sheriff letters and will occasionally send people to small claims court to recover damages. Books can be expensive and usually it is the rare, expensive or in demand items that end up missing. In your case it does sound rather fishy that all of the books you say you returned came up missing. I am not saying you did not return them, but it would be very unlikely that all of them did not get checked in accidentally. There are of course computer glitches and human error that do cause problems. I am not defending the lady at the library, but she is probably bitchy because she has to deal with deadbeats all the time and assumes that you are no different than all the other idiots she has to deal with.

Do you know anyone that works at the library? See if they can look at the books in question and see if they have been checked out at any time since they were supposed to be returned. This would certainly clear your name.

We are very reasonable with people and often give them the benefit of the doubt. We will work with people on fines and lost book charges as well. I don't know why this lady didn't propose to make some sort of deal with you. I do know that they have you by the balls though. I am surprised that they didn't put blocks on your grade reports/credits I know that when I was in college they wouldn't allow me to graduate or even get credit for classes if I owed over a certain amount at the library. And why did they not send you any notices in the last four years? That is quite strange. And how do you prove that you returned them? You don't get receipts when you return books at most librarys. Anyway, let us know how this turns out. Good luck.

If all the books were together, how hard would it be for the worker to think the group was already checked in, and reshelf them for one reason or another.

 

[SarcasticDwarf]

Originally posted by: knightc2

We are very reasonable with people and often give them the benefit of the doubt. We will work with people on fines and lost book charges as well. I don't know why this lady didn't propose to make some sort of deal with you. I do know that they have you by the balls though. I am surprised that they didn't put blocks on your grade reports/credits I know that when I was in college they wouldn't allow me to graduate or even get credit for classes if I owed over a certain amount at the library. And why did they not send you any notices in the last four years? That is quite strange. And how do you prove that you returned them? You don't get receipts when you return books at most librarys. Anyway, let us know how this turns out. Good luck.

This is what I don't get. I don't know of any library that would wait more than 6 months to go after books of this value missing.

 

[Reckoner]

Originally posted by: F22 Raptor

Originally posted by: knightc2
I work in a public library. We have a tough time getting people to return items all the time. We often do send sheriff letters and will occasionally send people to small claims court to recover damages. Books can be expensive and usually it is the rare, expensive or in demand items that end up missing. In your case it does sound rather fishy that all of the books you say you returned came up missing. I am not saying you did not return them, but it would be very unlikely that all of them did not get checked in accidentally. There are of course computer glitches and human error that do cause problems. I am not defending the lady at the library, but she is probably bitchy because she has to deal with deadbeats all the time and assumes that you are no different than all the other idiots she has to deal with.

Do you know anyone that works at the library? See if they can look at the books in question and see if they have been checked out at any time since they were supposed to be returned. This would certainly clear your name.

We are very reasonable with people and often give them the benefit of the doubt. We will work with people on fines and lost book charges as well. I don't know why this lady didn't propose to make some sort of deal with you. I do know that they have you by the balls though. I am surprised that they didn't put blocks on your grade reports/credits I know that when I was in college they wouldn't allow me to graduate or even get credit for classes if I owed over a certain amount at the library. And why did they not send you any notices in the last four years? That is quite strange. And how do you prove that you returned them? You don't get receipts when you return books at most librarys. Anyway, let us know how this turns out. Good luck.

If all the books were together, how hard would it be for the worker to think the group was already checked in, and reshelf them for one reason or another.

If that were the case though, at least ONE of the books would've been found when they doubled checked for his missing items.

 

[herkulease]

Are you still a student?

They can hold up your graduation for not settling all debts with the school. library fines are one of them.

Plus a 5 year old book? assuming they were all brand new at the time. Unless its something basic, they are pretty obsolete by now, and at least 1 new edition has been published.

Secure a lawyer and fight the school.

 

[Eeezee]

I never receive a receipt when I return books. Maybe I should start asking for one if 6 years down the line the library asks for money

 

[Ayah]

Declare war

 

[Horus]

Originally posted by: notfred
Were the books even *worth* $521? Don't most libraries have like a $20/book limit on fines?

Universities? Are you fvcking joking me? They're trying to get me to pay 75 bucks for a book that I returned that was 40 pages...umm, lemme think, no fvcking way McMaster.

 

[FoBoT]

send them a "drop dead" letter via certified mail
if they persist after that, sue them in small claims court for violating the fair Debt Collection Practices Act

this is all your letter needs to say

(Date)

To Whom It May Concern:

I have been contacted by your company about a debt you allege I owe. I am instructing you not to contact me further in connection with this debt. Under the Fair Debt Collection Practices Act, a federal law, you may not contact me further once I have notified you not to do so.

Sincerely,

(Name)

(Account No.)

 

[TG2]

They should have the book names, right?

Buy em on ebay or Amazon or something...then return them (if its cheap that is)