DV Letter - Should I send a 2nd one?

[maryv]

I posted this on another board but I think I should have posted it here.

Hi all. I received a letter a while back from some lawyer wanting money from an old credit card. So I sent him a Debt Validation letter that they show here on this site and he only sent me a copy of a print out of all my debts (jerk) and highlighted the one that says I owe this. I know on that letter I sent I asked for many, many things. To me, if this is all you can send me, you are out of gas.

How do I respond to this garbage he sent. Because in a court of law I don't think it would fly...of course I'm not a lawyer. Anyhow, I would appreciate any advice on how to respond or if I should respond.

[IHateCAs]

I'll respond to your 2nd question here.

Get it in your head that any long form letter demanding all sorts of things has little to no basis in law. They are under no obligation to provide the stuff asked for in those letters.

The law requires that they cease collection of the debt until they

a) Obtain verification from the creditor (there must be some sort of communication between them after your dispute)

Forward a copy of that verification to you via mail

I highly doubt a copy of your credit report with the debt they are reporting circled satisfies part a.

What the verification must actually consist of is not clear cut. However I think Guerrero v RJM Acquisitions gives the most layman friendly explanation.

The only information disclosed in the letter was the date that the account was opened, the date that the last payment was posted, the name and social security number listed on the account, and the current balance. The letter did not indicate the amount or basis of the charges underlying the current balance, nor did it indicate the dates on which such charges were incurred.

[...]

The letter also failed to indicate whether interest was factored into the current balance, and, if so, at what rate and for what time period. Particularly in this case, where Defendant added interest at a rate different from the original, contractual rate for Plaintiff's account

Hopefully this one stands on appeal.

[maryv]

Thanks, but with the way the letter sounded they sent me they are under the impression that a printout of all my debts/my ss#/etc. (similar to credit report) is good enough, or they want me to think it is good enough and that I'll just pay the $1600, which of course I won't.

So are you saying I should do nothing and wait until the 30 days is up on the letter I sent them and see if I receive anything more in the mail from them and then send a second dV letter or if I should just leave it alone and hope they just give up.

Please advise.

Thank you in advance for your help.

[the aussie]

Thanks, but with the way the letter sounded they sent me they are under the impression that a printout of all my debts/my ss#/etc. (similar to credit report) is good enough, or they want me to think it is good enough and that I'll just pay the $1600, which of course I won't.

So are you saying I should do nothing and wait until the 30 days is up on the letter I sent them and see if I receive anything more in the mail from them and then send a second dV letter or if I should just leave it alone and hope they just give up.

Please advise.

Thank you in advance for your help.

I would send a follow-up letter suggesting that they are in violation for continued collection activities before validating the debt as requested.

If you do not dispute the "Statement" they sent, it can be used later in court as account stated..."we sent her a statement and she did not dispute it your Honor..therefore the debt must be hers"

Something like this works for me...

2nd Request For Debt Validation

This Document sent via Certified Mail Return Receipt Requested

Receipt # xxxx xxxx xxxx xxxx xxxx

January 8, 2007

The Aussie

This Side Of The Outback

Somewhere, Australia

JDB’ From Hell

1234 Stupid lane

Everywhere, USA

Re: xxxxxxxxxx Acct# xxxxxxxxxx

To: xxxxxxxx xxxxxxx Or Whom It May Concern

This letter is being sent in response to your correspondence to me dated January 2, 2007 (copy enclosed). Please be advised that I interpret your letter and statement as a direct violation of my rights under the Fair Debt Collection Practices Act………attempting to continue collections activity without first validating the alleged debt as requested.

The law specifically requires you obtain information and documents regarding this alleged debt from the original creditor (xxxxxx xxxxx) and forward those documents and information to me. An account statement prepared by you with information contained within your data base, is insufficient for validation purposes.

SECOND REQUEST FOR DEBT VALIDATION…………………… I dispute this debt in its entirety including the character, amount and legal status.

Please refer to my original request for validation signed for and obtained by you (receipt# xxxx xxxx xxxx xxxx xxxx) for a list and clarification of information requested for FULL AND COMPLETE VALIDATION of this alleged debt.

The above-mentioned violations and any further violations of my rights under the Fair Debt Collection Practices Act will and are being reported to the Attorney General of xxxxxxxx as well as the Federal Trade Commission and Better Business Bureaus.

Have a nice day,

The Aussie

[IHateCAs]

I don't send follow up letters.

[the aussie]

I don't send follow up letters.

Why not?

[IHateCAs]

I should amend that to say, "generally, I do not send follow up letters".

If I send a DV, get no response and they remove their reporting why would I send another letter?

[IHateCAs]

Now if I got a response like OP, I would not send a follow up letter. If I am right in my belief that their response is not proper verification, their attempts to collect the debt from that point on will be FDCPA violations. Why scare them away?

[the aussie]

Now if I got a response like OP, I would not send a follow up letter. If I am right in my belief that their response is not proper verification, their attempts to collect the debt from that point on will be FDCPA violations. Why scare them away?

That't makes sense....however I would bet the majority of people (like the OP) are truly only interested in "scaring them away" to clean up their reports. Even though consumers have rights and the CA's violate them daily (amounting to money in the consumers pocket)...I doubt there are that many who want or have the means (financial, time, knowledge) to bring the CA's to task.

[divemedic]

A second letter, IMO gives you a better chance of beating "bona fide error" and also proves that the CA was acting willfully.

Sending DV letters is like fishing. You need to give the CA enough bait to take the hook, but not so much as to spook them and let them get away. By the time I am ready to go to court, I usually have them on 30 or more violations of multiple laws (FCRA, FDCPA, FCCPA, and others) and the file is an inch or more thick.

Make the other attorney's job as difficult as possible, and they will ALWAYS settle.

[bluechipcreditcoach]

solicitations deleted by moderator

[the aussie]

That's allot of information...

[tracemb14]

I sent out a DV letter on a debt bought by a CA becasue they sent me a letter in January. They sent a letter back with quotes from Section 809 blah blah blah. I am ok with that. I understand and agree that they do not have to give me a whole history of the debt. Here is the OC and account number and amount. Cool. FIne. Whatever!

Enclosed with the letter was an Affidavit of Account where the Preseident of this company signed this ..." sound mind and capable of making this affidavit... you owe this much, pluse this much interest...blah blah blah" and had it notarized. THis company is located in Utah.

Ok...point is, this debt, which is in the hands of it's 4th CA is past SOL and will "fall off" my CR in 2008.

Should I do anything now?

In Texas