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DV and/or C&D. What to do??


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I have seen lots of sample DV letters and they all seem to contain a C&D paragraph. Is there a reason to send a DV letter minus the C&D wording or should the two always be combined?

My thought is that a C&D within a DV may push CA to sue if it is a legit debt that is going to be verified. Seems as though the CA would verify (if they can) and then view me as someone who will not communicate because of the C&D wording. Man I am sick of these clowns making me so nervous. Any thoughts...

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No flat out consensus on this, I'm afraid.

The most logical I've seen says...send the DV...and include words to the effect that all further communication should be in writing. Its not exactly a C&D, and there is really nothing in the law that says they have to abide by this, but at least you get to make your point.

(And, yes, there are those that say if you do say "do not contact me" period, then, after their one phone call telling what there plans are, they're only other option is to sue).

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Comments please...

To Whom It May Concern:

This letter is being sent to you in response to a voice message to me on March 15, 2007. 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” 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.

Please provide me with the following:

· What the money you say I owe is for;

· Explain and show me how you calculated what you say I owe;

· Provide me with copies of any papers that show I agreed to pay what you say I owe;

· Provide a verification or copy of any judgment if applicable;

· Identify the original creditor;

· Prove the Statute of Limitations has not expired on this account

· Show me that you are licensed to collect in my state

· Provide me with your license numbers and Registered Agent

REQUEST FOR CEASE AND DESIST OF PHONE CONTACT BY YOUR OFFICE: I would also like to request, in writing, no further contact via telephone be made by your offices to my home or to my place of employment, unless it is to provide validation or release of liability of the debt.

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Read Dive's second post on this thread and limited C&D.


I think that a DV with this limited C&D, whether you really record them or not, will go a long way towards stopping or reducing calls.

MI is a two party state for the recording of calls, so unfortunately you cannot surreptitiously record their calls and let 'em rack up violations. However, if they are this dumb and this bold, you might wanna think about picking up a recorder, notifying them you record calls in your DV, and then record 'em when they call. They might just be dumb enough to violate the law on tape even knowing they are being taped.

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