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Can someone critique this DV letter for me?


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It is a slightly modified version of the sample letter on this site. Let it be known, to date they have only sent notice of debt, pulled my credit, and been extremely rude on the phone.

My Name

My address

Houston Texas,

Leading Edge Recovery Solutions, LLC

5440 N Cumberland Ave Ste 300

Chicago, IL 60656

July 8th, 2006

Re: Acct # xxx

Client Reference # xxx

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on July 3rd and received July 7th (copy enclosed). 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 (B) that your claim is disputed and validation is requested.

This is NOT a request for “verification” of my mailing address. Receipt of your notice has established it to be correct.

It IS a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent and indisputable evidence that I have any legal obligation to pay you.

Please provide me with the following:

· What the debt is for

· Itemized explanation of how the total due was calculated including all interest, fees, taxes, legal expenses, or any other contributor to the total shown in your notice.

· Copies of a signed contract or an instrument bearing my signature that prove I agreed to pay you for this debt

· Identify the original creditor and all subsequent assigns, transfers, and sales as well as supporting documents for those transfers and/or assigns or sales resulting in your possession of this account

· Prove the Statute of Limitations for the state of Texas has not expired on this account to include but not limited to the date of last activity and payment on the original account

· Show me that you are licensed or bonded to collect in the state of Texas

· Provide me with your license numbers and Registered Agent

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 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, 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 of any information to a credit reporting repository that could be inaccurate, invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, it will be accepted as a waiver to any and all claims present or future concerning this matter, and entitles me to presume that your correspondence and other collection activities are in error, and that this matter is permanently closed as indicated by your silence. All references to this account must be deleted and from my credit file immediately including any inquiries initiated by you, your agent, or assignees in relation to this alleged debt.

I would also like to request, in writing, that all future communications with me be done in writing and sent to the address noted in this letter by USPS.

A copy of this letter is being sent to an attorney for future reference should it be necessary to take further action to stop your invalidated collection efforts. It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

ME

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This is all you really need...Use the K.I.S.S. method...

July 8th, 2006

Leading Edge Recovery Solutions, LLC

5440 N Cumberland Ave Ste 300

Chicago, IL 60656

Re: Acct # xxx

Client Reference # xxx

To Whom It May Concern:

This letter is being sent to you in response to your initial communication sent to me on July 3rd and received July 7th (copy enclosed). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act that your claim is disputed and validation is requested.

Further, it is inconvenient for you to contact me by telephone at any time or place and I request that you communicate with me only by mail.

Sincerely,

Aerovette

My address

Houston Texas,

(Do not sign the letter. Use a script font of your name in place of a signature. Keep 2 copies and send it CMRRR.)

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I appreciate your input. I think the Moderators should take your comments in to consideration and remove the sample letter on this site. If it is no longer applicable, then it will not get the desired result. That being said, isn't it in my best interest (should this ever go to court) that I show record of having sent a request to validate numerous times and spelled out specifically what I wanted, yet the CA has failed to do so? I was hoping to leave no doubt about what I was requesting. MANY MANY posts say the same thing. How can this site somehow get everyone on the same page. The mis-information is dangerous and could cause more harm than good.

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Just because you ask for certain information in your DV is no guarantee that you will get it, or that the court will require it. Shorter is better, too many people write long rambling DV's. There is no "magic wand" DV letter that will get you the results you want. Getting this to work is as much art as it is science- remember that you are dealing with humans here and they are unpredictable.

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As I understand it, the DV letter as an example on this site is a track for you to run on. The way CA's and JDB's are reacting to the letter, a simpler form of letter is more straightforward and may get you more than the letter spelling out all the things on your wish list to send you. Validation is validation and has been spelled out in federal caselaw what the CA's/JDB's need to send for validation. You won't get it anyhow nine times out of ten. You want to request validation. You want to reinterate that this is their initial communication to you. You want to include the FDCPA's "inconvenience" clause so as not to be harrassed on your own phone. If you wish to use the other letter, go ahead. You asked for input on your DV letter. I gave it. That is all.

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Duly noted. Thank you. I will send the simpler version. I am still a bit confused about one point. If I know for certain that these people are going to break the rules, shouldn't I let them continue to call and record all of it so I can use it later? 4 violations at $1000.00 a pop would disolve the debt they say I owe. I do want you all to know that if Providian were still collecting this account, I would pay them. I just don't like the tactics these guys are using. They are talking about "evaluating my assets" and "reviewing my mortgage" like they are going to take my home, not to mention the name calling. I would think I would continue letting them screw up and play the helpless scared consumer. Is that wrong?

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Duly noted. Thank you. I will send the simpler version. I am still a bit confused about one point. If I know for certain that these people are going to break the rules, shouldn't I let them continue to call and record all of it so I can use it later? 4 violations at $1000.00 a pop would disolve the debt they say I owe. I do want you all to know that if Providian were still collecting this account, I would pay them. I just don't like the tactics these guys are using. They are talking about "evaluating my assets" and "reviewing my mortgage" like they are going to take my home, not to mention the name calling. I would think I would continue letting them screw up and play the helpless scared consumer. Is that wrong?

FDCPA violations are $1k per action not $1k per violation. They are just trying to scare you into paying.

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IN the reference line I always add " FDCPA request for validation" and in the letter I boldface and capitalize DISPUTE and VALIDATION so they know that is what the letter is about.

It is okay to ask for the other stuff, but make sure you know what you want and why, and specifically ask for it. If you dispute the amount, ask for a breakdown. If you deny owing the person any money, say it. Not that the CAs or JDBs will aprreciate it, but part of the process is building a paper file. And a pointed request will look more credible than a blunderbuss approach.

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Recovering Attorney,

Do they need to show an unbroken chain of sale or assignment back through the other 4 CAs to the OC? Suppose CA number three did not have a right to the debt, yet sold it to CA #4. Would that break make any subsequent assignee unable to collect? Also, I read that each time it is reassigned, I am to be notified. I was not notified of any previous assigns/sales of the debt.

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They are talking about "evaluating my assets" and "reviewing my mortgage" like they are going to take my home, not to mention the name calling.

That is quite illegal to even say that to you without a court judgment. They cannot claim to "evaluate your assets" or "review your mortgage" because they do not have a legal authority to do so without the OK of a judge. And they cannot perform a debtor assets review without first sueing you and winning against you.

That is a blatant violation of section 807(4), 807(5), 807(10), and 807(13)

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You don't have to be notified of an assignment or sale of a defaulted/chargeod off debt. Significantly, you can argue that a JDB is not entitled to the outrageous interest rate the OC got, because of state and federal law. If they ever did sure you, they would have to show the chain of ownership in order to prove their standing.

I agree that the threats made on the phone violate the law. I hope you have it on tape.

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You don't have to be notified of an assignment or sale of a defaulted/chargeod off debt.

Florida law has this to say:

559.715 Assignment of consumer debts.--This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment within 30 days after the assignment.

This came from the "sample motions" sticky post in this section

"Section 430.30 (d), The legal definition of misjoinder of parties is the “joining as plaintiffs or defendants, persons, who have not a joint interest”. In this case, as stated in the motion to strike, the plaintiff has failed to provide a definitive relationship between themselves and the alleged original creditor of the alleged debt.

My interpretation is that the relationship does NOT exist if any portion of the chain of assigns is missing.

How can I find out if this is true for Texas?

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You are correct in the notice of assignment of debts, Aerovette. WV has the same type statute. Just do the DV. If you sue (or they do), the rest can be asked in discovery as they probably have no media with the debt. Get the thing in the mail ASAP. Post back to this thread in 31 days and tell us if you get any validation at all. I'd be surprised if you do...

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Hannah,

Thanks for the input.I would have mailed DV on the 8th had I been able to determine with certainty whether I should ask for all of the particulars or sedn the very short version of the DV. I have decided to send the long version. If they throw it away, it will be a stroke against them and not me. I will simply request a second time, and see where it goes from there. I seriously feel that if I ask for the minimum, I will get the minimum. Ideally don't I WANT them to NOT respond? Isn't that a point in my favor?

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Hannah,

Thanks for the input.I would have mailed DV on the 8th had I been able to determine with certainty whether I should ask for all of the particulars or sedn the very short version of the DV. I have decided to send the long version. If they throw it away, it will be a stroke against them and not me. I will simply request a second time, and see where it goes from there. I seriously feel that if I ask for the minimum, I will get the minimum. Ideally don't I WANT them to NOT respond? Isn't that a point in my favor?

Ultitmately what you ask for is up to you. If they don't respond, then you have them on a violation if they continue to call you or other continued collection activity. Do use the "inconvenience clause" as this is how it is spelled out in the FDCPA. Stay off the phone with them if you are not recording or do not know how to respond to their blather.

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