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Should I DV the CA?


confusedaboutcredit
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Hi everyone,

This is my first post, I've been reading as much of the forum as I can am amazed by the wealth of knowledge here. I'm a newbie and need help with this situation:

On 8/29 I got a letter from a CA telling me that my Wamu acct was "referred" to them for collection. I owe ~$5200 on the Wamu acct, this is the first contact the CA has made with me bc I was maxed out but paying before but had no work for the summer and got too far behind I guess.

My question is: should I send them a DV or not? I know I have 30 days (now about 10 days to DV them) I want to pay the OC but I can't really do it for another month. I don't want a Collections Acct on my CR if I can avoid it. I'm worried that bc it is 5K+ they may get angry and sue me soon and then I'll be really screwed.

Please help! Any advice greatly appreciated!

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Thanks for the reply, razr!

Since the Collection Acct hasn't been posted to my CR yet (I don't believe), there is nothing to do with the CRA at this time, right?

I hope this doesn't sound like a stupid question; I was thinking of the flowchart where it says you should send letters to both simultaneously, but here I don't believe the big 3 have it posted yet.

Thanks!

-Confused

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Right, just send a DV letter to the CA. Don't use a form letter, just send something short and sweet;

RE: Acc# 3456789101112

Dear Mr. Collector,

I received your dunning letter dated 9-10-07. Pursuant to the Fair Debt Collection Practices Act, your claim is disputed, validation is required.

You might want to put something in there about not accepting phone calls too.

-r

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Hi everyone,

This is my first post, I've been reading as much of the forum as I can am amazed by the wealth of knowledge here. I'm a newbie and need help with this situation:

On 8/29 I got a letter from a CA telling me that my Wamu acct was "referred" to them for collection. I owe ~$5200 on the Wamu acct, this is the first contact the CA has made with me bc I was maxed out but paying before but had no work for the summer and got too far behind I guess.

My question is: should I send them a DV or not? I know I have 30 days (now about 10 days to DV them) I want to pay the OC but I can't really do it for another month. I don't want a Collections Acct on my CR if I can avoid it. I'm worried that bc it is 5K+ they may get angry and sue me soon and then I'll be really screwed.

Please help! Any advice greatly appreciated!

It seems that this account is new, not charged off by washington mutual. Like you said, if you are going to take action next month, I would keep contacting the OC. If they can work with you somehow, you will be free of the nasty CA.

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Thanks for the feedback!

OK, I will try to contact WaMu soon--I admit I had been trying to avoid them bc I couldn't pay right away.

As for the DV, should I be specific about what I want them to validate, as per Sample Letter 9? Or will trying to tie them down to specifics not make a difference?

I took the following from Sample Letter 9, with some changes, minus the threatening legal stuff (don't want to antagonize them...). What do you think?

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on August 29, 2007. 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.

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;

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

Provide me with your license numbers and Registered Agent

If your offices are able to provide the proper documentation as requested above, 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 OR TO MY PLACE OF EMPLOYMENT. All future communications with me MUST be done in writing and sent to the address noted in this letter by postal mail.

Thank you for your prompt attention in this matter.

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Legally they don't hav eto give you half of what you're asking them to give you.

Here's a sample letter you can use:

Dear CA,

In accordance with my consumer rights under the FDCPA, I am hereby requesting validation of this alleged debt".

Sincerely -

Me

There ya go - that's all you really need for a DV.

BUT REMEMBER - A DV IS ONLY FOR A COLLECTION AGENCY - NOT AN ORIGINAL CREIDTOR

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To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on August 29, 2007. 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.

I also request that no telephone contact be made by your offices to my home or to my place of employment. All future communications with me must be done in writing and sent to the address noted in this letter by postal mail.

Thank you for your prompt attention in this matter.

I want to add the C&D part, hopefully that will keep them from harrassing me.

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