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What do you think of my DV letter?


damnrook
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I am not a big fan of the sample form letter, so I digested it and spit it back out and this is what I am ready to send tomorrow. Unless, of course, anyone would like to provide some helpful, useful or succesful insight or suggestions.

Here it is:

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to us dated September 11, 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 being disputed and the alleged debt is in request of validation.

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. We respectfully request that your offices provide all competent evidence that there is in fact any legal obligation to pay you.

At this time, I would like to remind you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion), this action might constitute fraud under both Federal and State Laws.

If your offices are able to provide the proper documentation as requested, I will require at least 30 days for investigating this information and during such time all collection activity must cease and desist.

Additionally we would like to formally request, in writing, that no telephone contact be made by your offices to our residence or to any personal cellular telephone. If your offices attempt telephone communication, 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 recorded as such.

All future communications MUST be done in writing and sent to the address noted in this letter by the United States Postal Service.

Sincerely,

damnrook

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This letter is being sent to you in response to a notice sent to us (Us? The letter was to more than one person?) dated September 11, 2007.

In accordance with the Federal Fair Debt Collection Practices Act and any and all applicable (your state) laws, I am hereby disputing this alleged debt and demand validation of same.

Additionally, please send all future correspondence to the address referenced in this letter, as I / we do not consent to phone contact with your company now or in the future. All calls to our home or cellular telephone numbers are recorded.

Sincerely and respectfully -

damnrook

What do you think? Simple is all you really need.

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i was thinking the whole "us" thing made it sound more like something an attorney or legal professional might use. the collective "we", dude. (Big Lebowski)

i agree simple is good. this is what i tried to accomplish.

i like the way you simplified the whole phone thing...Thanks for your input!

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My standard DV letter:

(Date here)

Scumbag JDB

(address here)

RE: Your account #xxxxxx

I am in receipt of your initial collection notice dated xx/xx/xxxx. Please be advised I dispute both the validity and legal status of your claim in its entirety. Be aware that any further collection activity including but not limited to reporting a negative entry on any of my credit reports is prohibited unless you can substantially validate this alleged debt and violations will be dealt with using any legal means available.

It is inconvenient to contact my by phone at any time and all correspondence must be my mail.

Sincerely, Me.

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OK. I have taken some of the advice and simplified again. I am open to comments, suggestions or regurgitations of any kind. This is what I will send.

QUESTION? I do have a name of a scumbag "account rep" for this JDB. Should I specifically address her or keep the "whom it may concern"?

Thanks again for everyone's help!

-damnrook

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me dated September 11, 2007. In accordance with the Federal Fair Debt Collection Practices Act and any all applicable State of Ohio laws, your claim is being disputed and the alleged debt is in request of VALIDATION. I respectfully request that your offices provide all competent evidence that there is in fact any legal obligation to pay you.

Additionally I would like to formally ascertain, in writing, that no telephone contact be made by your offices. I do not consent to telephone contact with your company now or in the future. If your offices attempt telephone communication, including but not limited to computer generated calls, it will be perceived as deliberate and intentional harassment and will be recorded as such.

All future communications MUST BE DONE IN WRITING and sent to the address noted in this letter by the United States Postal Service.

Sincerely and respectfully,

-damnrook

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I was told by post office that you can send certified mail but if you need return receipt (if it comes to that) you can always go back to post office and get it

I wonder how they track that...it would save some money, but I think I would like to be SURE they received it (signature proof!).

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  • 3 weeks later...

Hey all:

Original poster here. Following up after I sent (9/21/2007) and they signed & received (9/24/2007) my DV letter... Phone calls have stopped completely and still waiting for any response from scumbag JDB.

Q?: The JDB technically has 30 days to respond to my request right? What happens if they fail to respond in a timely manner?

The original debt was for just under $2000 USD, and with all their bullsh*t fees is reporting on my CR for around $2800 USD.

Q?: Is this amount something I should fear they might try to file lawsuit to collect? It is not a small amount, nor is it a large amount. Any idea?

Thanks for everyone taking the time to view and/or answer my questions.

Best Regards!

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they do NOT have 30 days to respond. The laws say that they can take as long as they want...PROVIDED they don't continue collection activity until they provide you with validation (for the timely DV). It basically means they can go away for awhile, get proper validation, then collect again. But they can NOT collect until they get validation.

However - 30 days, IMO, is MORE than enough time to do what they have to do to provide proper validation.

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Thanks Amerikaner. As far as their collection efforts...I am not sure because the home phone rings almost religiously at 3:00pm everyday without anyone leaving a message.

The JDB has stopped sending any mail, and leaving messages but to be honest I am still unsure of who is calling. We don't have caller ID on home phone. Hardly use the home phone, just need the line for the house alarm. Hence, we never answer the home phone and only screen incoming calls.

Any thoughts on my second question? The one regarding the amount allegedly owed and if the amount may warrant a collection lawsuit...

Thanks again!

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  • 3 weeks later...

Hello all again...

Following up to my DV request, the JDB has sent me the original signed contract and a computer generated billing statement showing late fees, etc.

Is this considered debt validation?

I do want to make good on this error in my past, but I don't want the JDB to make it rich either.

I know requesting a PF removal is seriously doubtful, so I am ready to make an offer for settlement. Pennies on the dollar, of course.

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Hello all again...

Following up to my DV request, the JDB has sent me the original signed contract and a computer generated billing statement showing late fees, etc.

Is this considered debt validation?

I do want to make good on this error in my past, but I don't want the JDB to make it rich either.

I know requesting a PF removal is seriously doubtful, so I am ready to make an offer for settlement. Pennies on the dollar, of course.

Were there any violations in the process of your DV? Did they mark your account in dispute? You might be able to use those as leverage in your favor...

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  • 1 month later...

Hello ALL:

Thanks for all your replies!

Yes, a photocopy of the original SIGNED contract (by me) with Best Buy was sent as their validation. Now finally, I have accumulated some finances and am ready to offer settlement.

The last billing statement I have is from Feb of 2005 for amount of $1890. I am offering debt settlement at 25% for $472.

The copy of the billing statement the JDB sent me was from Aug of 2005 with all Best Buy's late fees totalling $2660.

I am also going to get a PHOTOCOPY of the money order to send with my offer letter to show them I am serious about payment...which I hope may sway their decision to accept. Offering to send the REAL money order upon SIGNED acceptance of my offer.

Thoughts? Comments? Suggestions?

Merry Christmas everyone!

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  • 1 month later...
Were there any violations in the process of your DV? Did they mark your account in dispute? You might be able to use those as leverage in your favor...

No violations to mention.

Recently received "attempt by a debt collector..." from Wolpoff & Abramson citing their "client" is alleging yada, yada, yada.

I will DV them as well as send COPY of settlement offer to JDB "client" as well as a copy of both letters to OC. Maybe the OC would be willing to negotiate?

Any thoughts on my process up until now?

Thanks all!

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