Is DV too long?

[mathis9394]

Hello all,

I am trying to prepare a DV for a CA for a bounced check (FL) that was already paid. This was 2 1/2 years ago and never heard anything about it until last week. We live in WI so I not sure if this is the proper letter that I should be sending. I would greatly appreciate everyones input. Thank you so much! P.S Do I include a copy of the original letter from them?

This letter is being sent to you in response to a notice sent to me on January 14, 2008. Please be advised that is a notice pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 disputing said claim and that validation is requested

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION of this debt 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 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;

• 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

At this time I will also inform 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. 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 in the following Declaration, 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 any information to a credit reporting repository that could be inaccurate or 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, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I

Best Regards,

Your Signature

Your Name

[NYMatt]

I wouldn't include a copy of the original dunning letter they sent you but just include the account number in your DV letter.NEVER sign your DV letter. Just print your name.

[gator944]

What????

[mathis9394]

I wouldn't include a copy of the original dunning letter they sent you but just include the account number in your DV letter.NEVER sign your DV letter. Just print your name.

Would it be better just to type my name?

[gator944]

Perhaps someone else could chime in here, but I sign every letter I write to someone. To me it helps to validate that I am who I say I am, and I don't know what this account is.

NYMatt,

What would be the benefit of not signing a DV letter?

[lovebug5]

The difference between printing out your name and/or typing your name is somewhat irrelevant here. What is more relevant is the overuse of form letters found on the internet, and the understanding that these letters should be used as guidelines for writing your own.

Understand that your DV letter, assuming that it is in fact timely, requests many documents from the CA which are not legally required by the FDCPA. This causes some pretty major confusion, as most CA's send only what they're required to send and therefore the consumer thinks that the CA's validation wasn't sufficient. In some instances, the CA does not provide adequate validation. In many instances though, the CA provides adequate validation and the consumer doesn't realize it.

[VeVe]

What would be the benefit of not signing a DV letter?

The CA could copy it onto other docs, making it look like you agreed, in writing, to things you never agreed to. You never want to let them have your signature on anything.

[gator944]

If it was my first letter going to them, I wouldn't start off by telling them I'm going to sue if they do this or don't do that. We don't let them do it, and cry foul when they do. The point is I feel I am better than that and like to take the high road.

If you need to sue, then sue, but I wouldn't come out of the gate throwing around threats.

Just my opinion.

[gator944]

Dang Veve. I never thought of that. Another great point from you today. I'm adding you to my buddy list.

[mathis9394]

Ok...well guess back to the drawing board!

[TTigggers]

The CA could copy it onto other docs, making it look like you agreed, in writing, to things you never agreed to. You never want to let them have your signature on anything.

Couldn't have said it better Veve. Well put

[NYMatt]

That's the same DV I cut and pasted from this forum.I don't really see it as a big deal about the me suing them part.

[JTsdaddy]

Just tell them per your letter dated 01/01/2008 and received by me me on 01/18/2007 reference the above listed account numbers. you claim is disputed and I request validation

[mathis9394]

Hello!

Ok..I revised this somewhat and came up with this. Hopefully this is good enough to mail. If not, I would appreciate more constructive input on this. This is my first DV and would like it to be good enough to be a keeper. Thanks again!

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on January 14, 2008. This the first time I have been notified of this debt. Please be advised that this letter, pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 is disputing said claim and therefore validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION of this debt 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:

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

• 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

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist and any and all future communication must be done in writing. Thank you for your timely cooperation in this matter.

[AISLE4]

Why does everyone want to pretend they went to law school when they write DVs? If you send a DV asking the CA to prove the debt is within the SOL and so on, they are going to peg you as an internet yokel. One sentence is all you need--two sentences if you're in the mood to waste ink.

[mathis9394]

Why does everyone want to pretend they went to law school when they write DVs? If you send a DV asking the CA to prove the debt is within the SOL and so on, they are going to peg you as an internet yokel. One sentence is all you need--two sentences if you're in the mood to waste ink.

Like I said this is my first time trying to write one of these, I took what I had and I am trying to write it the best way I can so I can cover all areas. I was trying to get a little bit of help, maybe some input but not like this. But hey it takes all kinds of people to make this world go round!

[Amerikaner83]

How about this? Obviosly, get rid of the part about WA state

RE Acct # XXXX

Dear Sir or Madam,

I am in receipt of your letter dated ________ which I received on _______. In accordance with all applicable Washington State and Federal Laws, I dispute your claim in its entirety. Please provide me with full validation and documentation of your claim, as required by the FDCPA and Washington State Law.

In addition, I would like to inform you that all calls to my employer are prohibited, and all calls to my home are recorded. As such, I expect any and all further correspondence to be in writing.

I look forward to receiving the requested validation promptly.

Cordially,

Short, sweet, and to the point.

[debtorshusband]

The trouble with asking for opinions is, sometimes you get too many of them!

This letter is being sent to you in response to a notice sent to me on January 14, 2008.

My personal preference is to follow this with "A copy is enclosed for your reference." and enclose said copy. YMMV.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION of this debt made pursuant to the above named Title and Section.

I've never understood what this tap dancing about "verification" and "validation" is about. My letters don't include this.

• 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

Personally, I don't put this stuff in either, but in the end it's your call.

Is your main concern really whether or not they are licensed? I tend to ask for proof they own the debt, and an accounting of how they reached the amount they claimed. Maybe the FDCPA doesn't require them to provide it, as another poster claims, but I say so what? I'm not going to enter into negotiations with them until they've provided this.

My sense is that you've gotten bogged down in details and lost sight of the big picture: you've found samples of DV letters, and now you're tweaking them and asking for opinions. In the process, there's no mention of a very important fact: In your first post you said YOU'VE ALREADY PAID THE CHECK!. Why isn't that your main point? Tell them you dispute their claim because it's been paid, and then demand they provide evidence to the contrary.

A last note regarding signing letters. I sign all official documents with my complete first name, middle initial, and last name. I have taken to signing DV letters with my shortened first name, no middle intial, and last name. If a CA ever lifts and pastes my signature, I'll be able to prove it.

DH

[NYMatt]

Dang Veve. I never thought of that. Another great point from you today. I'm adding you to my buddy list.

I thought it would be quite obvious why you wouldn't sign a letter sent to a CA.

[mathis9394]

Thank you so much! I have never heard of DV letters until I came aboard. I either paid the CA or ignored them (latter being the wrong thing to do!) Now with this hand I am a little better informed. BTW...Thanks for the tip on signing the letter, I mentioned this to DH and he couldn't believe that CA would stoop that low. Thanks again and have a good night!

[mathis9394]

Mailed out DV letter today, had it certified w/ return reciept.

So now all I do is sit and wait for their response?

[jetscarbie]

The waiting is the hardest part.

[gator944]

Sing it Tom Petty!!!