Please proof DV letter, my 1st ever

[rodeomom]

I have never sent a DV letter before.

I have taken parts of different letters to come up with this.

I need a DV letter to go to the attorney who is suing me on behalf of

Crap 1.

Will this also work for a general DV letter, after corrections?

Please don't hesiatate to correct me.

If an account has been charged off, can they still sue for the full amount?

My name

999 No Where Road

Somewhere in KS

Morons Are US Collection Agency

888 Dumb Butt Lane

Planet Pluto

Date: CRRR#__________

Re: Acct. #

To Whom It May Concern:

This letter is being sent to you in response to correspondence from you. 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.

In addition to the questionnaire below, please attach copies of:

What the money you say owed is for.

Original creditor name, address, and account number.

Complete account history.

Agreement that bears the signature of the alleged debtor wherein he agreed to pay

Dated agreement with your client that grants you authority to collect on this alleged collection purchase or assignment.

Authorization of law for collection of information.

At this time I will also inform you that if your offices have reported invalidated information to any of the three major Credit Bureau’s (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 for the following: Violation of the Fair Credit Reporting Act, Violation of the Fair Debt Collection Practices Act, and 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.

I would also like to request, in writing, that no telephone contact be made by your offices to my home, place of employment, relatives, or friends. 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 the letter by USPS.

In the event of noncompliance, I reserve the right to file charges and/or complaints with County, State, and Federal authorities, the BBB, and State Bar associations for violations of the FDCPA, FCRA, and federal and state statues on fraudulent extortion.

Your But is Grass,

& I’m the Lawnmower

Enclosures

CC: Attorney General of the State of Kansas

CC: Federal Trade Commission

Thanks so much to the board.

rodeomom

[retmar]

Good Job! Get it done!

[Xanathos]

There are 2 T's in the word "butt"

[parko03]

Get it done!

I beleive it's "Git R Dun!"

Sorry, I couldn't resist.

[rodeomom]

Xanthos - you are so correct on the BUTT, thanks

Retmar & Parko03- It thougth it was Get Er Done.

Thanks a heap!

rodeomom

[retmar]

Remember, I'm old and do not keep up with the current slang of the younger set.

[rodeomom]

fer us rednecks (we was a talkin this whay long fore, foxworthy, engvall, & larry the cable guy, got rich offn us

furn usins aint slaing, we jurst tolk this a whay.

have ter watch it with yallll , soins yer dant think i'er moronnn

betcha, aint thert old

one if my fav's yont too

rodeomom

[creditech]

Re: Acct. #

Just my two cents and I am no expert: don't include your account number as you are making their job easier for them. Exclude the unique personal identifiers like ss#'s, driver's license #'s, and any other personal id #'s.

What the money you say owed is for.

Original creditor name, address, and account number.

Complete account history.

Agreement that bears the signature of the alleged debtor wherein he agreed to pay

Dated agreement with your client that grants you authority to collect on this alleged collection purchase or assignment.

Authorization of law for collection of information.

Again, don't give them any information that might help them validate--you want them to violate! Too much help here if you ask me.

Why not make their job as challenging as possible for them? You do after

all approach relations with CA's from the court enforced viewpoint of the "least sophisticated consumer". Your partial cease and desist is good too...how can you get the CA to call you on your cell phone or at home? That would be a violation too...if you can figure out how to get them to call

you.

[rodeomom]

Ok, lets see if I understand this then:

In a DV letter, I do not have to tell them specifics I want for validation? I just tell them I am requesting DV. I culd just use whatever acct. number they provide, which in many cases is different than what I may have.

I do see where that would give them more room to screw up and assume I am an idiot. While I may not be an idiot, this website is helping me not beomce one.

Also just got letter from new CA, not dealt with before, will send dv letter to them, should I wait til about day 20 to mail it to them?

[missinglink]

They can also charge you interest on this account, plus the full amount.

I believe the interest starts when it went to collection. Also if they get a judgment theres interest charged then also, according to your states laws

How old is this debt? Have you checked the sol on it?

[creditech]

Ok, lets see if I understand this then:

In a DV letter, I do not have to tell them specifics I want for validation? I just tell them I am requesting DV. I culd just use whatever acct. number they provide, which in many cases is different than what I may have. I do see where that would give them more room to screw up and assume I am an idiot.

Exactly. Give them as much of a chance to violate the FDCPA as you can.

But you don't really have to give them any account information at all. I just included my basic contact info on my DV letters, that's all.

Also just got letter from new CA, not dealt with before, will send dv letter to them, should I wait til about day 20 to mail it to them?

You are in a great position with this new CA. Send them a CMRRR letter immediately!

Debt Validation is an awesome tool. I hope you learn your FDCPA violations as well as how the FCRA can intermix with the FDCPA--

http://www.creditboards.com/phpBB2/viewtopic.php?t=39905&start=0

http://www.creditboards.com/phpBB2/viewtopic.php?p=445829#445829

As well as FTC staff opinion letters on the FDCPA:

http://www.ftc.gov/os/statutes/fdcpa/letters.htm

As well as take the time to read the FDCPA:

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

And for basic entry level case law on debt validation, you could start with Spears V. Brennan

[rodeomom]

MISSINGLINK

my understanding on SOL is 7 yrs in KS, it is not that old or close

CREDITECH

by basic info you mean DOB & SS#, address, do you have to include anything else on basic? I will leave acct. #'s off. There are several oc/ca's that cant' spell my name or they think I can't spell my name, hope this works to my advantage. My name is Jancie, pronounced Jan see, everyone just glances at it and types up Janice, my mother's name. On a good day you ignore it, on a bad day, you mope them up for lunch. Great way to tell if it is a junk mail phone call.

will do up cmrrr for new ca, it is a crap 1, they have sent 3 letters same acct. #, but are adding an A, B, or C after acct. #, seem to vary addresses a bit, do I send 1 CMRRR OR 3?

I am trying to read and understand FDCPA & FCRA, I get easily confused at times. I will check out the links you gave me on stuff, thank you so much, I do apprecitae all the help.

thanks to all, I hope you all know how much I appreciate and need your help.

rodeomom