constructive notice answer to bill collection letters

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  • 8/17/2019 Constructive Notice Answer to Bill Collection Letters

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    “Your Name Here”

    “Your Address Here”

    “Your Address Here”

    Date:

    Attention: Collections Manager 

    Company Address:

    Alleged Reference:

    Gentlemen;

    Constructive Notice

    It is my policy to neither recognize nor deal with collection agencies, your preious attemptsto collect the a!oe referenced account is hereto R"#$%"D, D"&I"D ' R"($R&"D)

    #urther, the #air De!t Collection *ractices Act does not gie you the authority to forceme to consent to contract with you)

    I HAVE NEVER GIVEN CONSENT TO CONTRACT WITH YOUR COMPANY.

    Show e !our "#w$u" #uthorit! to en$orce #n #""e%e& &e't c"#i #%#inst e to !

    &etrient without ! consent.

    P"e#se (rovi&e)

    +) *roof of claim that -our &ame .ere/ has consented or noated to a third0party

    contract and is therefore o!ligated to perform to your or your clients demands)

    1) *roof of claim that you or your client can and is willing to produce the original in2wet consent to contract instrument -our &ame .ere/ is alleged to hae created !etween

    them)

    3) *roof that the alleged past due account is within the #lorida %tatutory fie year 

    enforcea!le period to collect on a alid delin4uent contract)

    If you cannot su!stantiely answer within 35 days and either proe your authority or 

     proe specific contractual o!ligation !etween your client and Your Name Here”, then you

    and your organization must, Ce#se and *esist all attempts to collect the a!oe0alleged

    de!t) .enceforth, any future attempts to contact me !y telephone or mail in an effort tocollect this alleged de!t will !e considered an inasion of priacy and attempted

    "6tortion through the mails 7Mail #raud8 in iolation of *ostal regulation 91+ and $%

    Code (itle + %ection +3+)

    +urther, #s #n #ct o$ %oo& $#ith) (rovi&e e written con$ir#tion this #tter h#s

    'een reso"ve& #n& #n! ne%#tive re(ortin% to the cre&it 'ure#us h#s ce#se& #n& h#s

    'een &e"ete&.

  • 8/17/2019 Constructive Notice Answer to Bill Collection Letters

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    NOTICE AN* OPPORTUNITY TO CURE

    #ailure of responding or re!utting shall !e deemed as agreement with the facts stated in

    the document, hereto attached) -our response must !e in affidait form, under your fullcommercial lia!ility, re!utting each of my points, on a point0!y0point !asis, that the facts

    contained therein, are true, correct, complete and not misleading)

    -ou are here!y put on NOTICE timely under the proisions of Pu'"ic -#ws /012 #n& 0

    341, #"so 5nown #s the +#ir *e't Co""ections Pr#ctice Act that: your Collection Notice is

     !eing RE+USE*, *ENIE* AN* RETURN +OR +RAU* UN*ER +E*ERA- RU-ES

    O+ CIVI- PROCE*URE 6'78

    (hat you and your organization must, Ce#se and *esist all attempts to collect the a!oe0

    alleged de!t) .enceforth, any future attempts to contact me !y telephone or mail will !e

    considered an inasion of priacy and attempted "6tortion through the mails 7Mail #raud8 iniolation of *ostal regulation 91+ and $% Code (itle + %ection +3+) (his letter will sere

    as your warning that I may use telephone0recording deices in order to document any

    telephone conersations that we may hae in the future)

    -our failure to comply with this law will result in my immediate filing of a complaint with(he #ederal (rade Commission, this state