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Is a DV letter even worth doing???


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I am new to all this and received a letter from a law firm telling me that I have thirty days to dispute my debt. After the thirty they are going to file a claim.

So I paniced and started searching for answers which brought me here. At first I read a ton of postings that said people should send a DV letter and go from there, most likely they will not pursue it any further becuase it is hard for CA's to come up with proof I owe them.

Well I sent off a DV letter and now I started reading how people are saying a DV letter is a big waste of time anymore. After reading the FDCPA Section 809. Validation of debts - it seems all they really have to do is send a statment.

I have about 13 creditors and ALL of them have been charged off. I cannot make payments to resolve these debt because all the CA's want is one or two lump sum payments. Most if not all only have 3-4 years before the SOL runs out, so I don't know what to do?? Any thoughts? Is a DV letter just a waste? Thanks :)

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How can a positive assertion of rights afforded to you under federal legislation ever be a waste of time? How can it harm you in any way at all?

It may or may not get you the result you desire. That depends upon hundreds of variables so no one can ever say for sure in advance what the outcome will be. Most of us have a fairly good idea however of how various firms react.

A VOD letter is not intended to make your debt go away or make you fireproof. It is merely laying the foundation for possible future events that may occur and placing you in a stronger position to deal with them.

You need to attack your situation by laying a firm foundation to build upon. You can not start with a roof and try to work down. The building collapses if you try to do that.

You have a long path ahead of you to deal with your situation. It is time consuming and requires effort. It will take tenacity attention to detail but most of all a dogged determination on your part to overcome the obstacles you face (many of them are simply false obstacles placed incorrectly by the collection agencies to try and scare/bamboozle/outwit or plain old wear you down.)

Only you know how much personal effort it is worth for you to try and escape the situation you are in in the knowledge that there is never a guaranteed outcome either good or bad.

Some people simply roll over and seek B/K regardless of the situation. It is a personal decision that only you alone can make.

If you do not DV they will never validate.

If you do not DV how will you then later prove violations such as continued collection activity without validation?

There have been numerous arguments about constitutes validation. There have also been court opinions on it. You do not know what they will send in validation and if it meets the test if you never send a VOD.

Having someone say you owe them money and them being able to prove that to the standard of evidence required in a court are two quite different things. Collectors lie all the time, they often do not have the evidence that they require, sometimes they do not even have legal standing to issue suit. All this will need to be discovered along the way. They will not simply tell you that. Their job is to collect by whatever means they can. Attorneys will try and get a default judgement by bullying you or using scare tactics. They are acting in the interests of their client not you.

If you want to simply give money to any tom dick or harry because they say you owe it without providing any proof that you do then please let me have your address.

I will write to you tomorrow demanding $35,000 I feel like buying a new car. :p

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Point taken I can see what you are saying, it is amazing how many angles on this can give you so many different outlooks.

To be honost most people are looking for a way to get out of paying the debt, i'm one of them. Although the debt is valid to the OC, the VOD when I first started reading about it seems like, WOW I can use this to get out of paying my debt, hoping the incompetance of the debt collector will benefit me some how or prolonge the process to put me past the SOL.

In reality it seems to me that the debt collectors know about this and know what is the correct response. If they do not know how to legally respond then they send your debt to some other company and you're back sending another letter.

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I would argue that most people are not looking for a way out of debts they are legally liable for. They are merely going through a proper due diligence process to ensure that they do in fact have a legal liability to pay at all before making payment. It is fiscally responsible to pay only that which is legally due.;)

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That is very true, I mean if I really look at it this company, who claims to want the money for HSBC, they could be doing what ever it takes to get the money when I really should'nt have to pay them.

They could be trying to get a cut of the money that I owe the OC, when they should'nt be allowed a cent. I should be paying the person or company that legally has the right to collect from me so I know that the OC gets all the money, am I right?

I have a lot to learn......:confused:

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That is very true, I mean if I really look at it this company, who claims to want the money for HSBC, they could be doing what ever it takes to get the money when I really should'nt have to pay them.

They could be trying to get a cut of the money that I owe the OC, when they should'nt be allowed a cent. I should be paying the person or company that legally has the right to collect from me so I know that the OC gets all the money, am I right?

I have a lot to learn......:confused:

The relationship they have with HSBC remains to be determined from what you have told us so far. That is one reason for the VOD letter. You want to find out who they are, what their standing is, who owns the debt, how was it calculated etc etc.

There is no point in stumbling around in the dark, you tend to fall over, there again so do they!

You are looking for them to cast some light upon this matter. It will be under a very bright spotlight in court so they had better have it right as there are no shadows for them to hide under in that venue.

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