Where Is Trueq's VD Letter?

[fedup1101]

I searched his old posts, but I am unable to find his DV letter. Can someone please advise me?

Thanks!

[trueq]

if I'm spreading VD online.

She's OK with DV sharing.

Send me your email again. It keeps getting returned. There may be a typo. Or "trueq" in subject line does not defeat your spam filter.

Hopefully it has nothing to do with VD. ---lol

Edited November 13, 2009 by trueq

[MG05]

Trueq ... Portfolio Recovery lost their minds this morning with the DV letter! It was wonderful to ask them why I was getting a called at work after I had demanded them to cease calling ... guess my DV letter was not enough! Then asked which arbitration forum they had picked since I had exercised my arbitration rights. Then said the matter would be referred to their legal department. I politely thanked her for the FDCPA violation and wished her a great weekend!

[trueq]

Since none of the forums will accept their arbitration claim, and you are not required to initiate, their only "legal play" is to ask you for an agreement on an alternate forum.

I would never agree with these slimeballs on anything.

I give it 90% chance they will just leave you alone and pick on easier fish.

10% chance they will violate the FDCPA by suing after your notce waiving their litigation rights

[admin]

if i'm spreading vd online.

She's ok with dv sharing.

Send me your email again. It keeps getting returned. There may be a typo. Or "trueq" in subject line does not defeat your spam filter.

Hopefully it has nothing to do with vd. ---lol

lmao!

[trueq]

Dear Doc.

I've been arbitrating while being entangled in tight legal embrace with monstermegabank.

Send me some antibiotics ASAP.

Thanks.

******************************************************

In all seriousness, here's my DV letter; (a good chunk of it from this site)

To whom it may concern;

Be advised that this is a refusal to pay, and a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( 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:

1.) What the money you claim I owe;

2.) Explain and show me how you calculated that amount; including copies all statements incurring the charges. Please produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect.

3.) Please furnish a copy of the original promissory note redacting my social

security number to prevent identify theft and state under penalty of perjury that your client is the holder in due course of the promissory note and will produce the original for my own and a judge’s inspection should there be a trial to contest these matters.

4.) Please identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt.

5.) Please verify under penalty of perjury, that as a debt collector, you have not purchased evidence of debt and are proceeding with collection activity in the name of the original maker of the note.

6.) Please verify under penalty of perjury that you know and understand that credit card contracts are a series of continuing offers to contract and as such are nontransferable.

7.) Please provide verification from the stated creditor that you are authorized to act for them.

8.) Please verify that you know and understand that contacting me again after

receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment.

9.) Prove the Statute of Limitations has not expired on this account;

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

11.) Provide me with your license numbers and Registered Agent;

12.) Indicate whether this debt has been assigned or purchased by you;

13.) Provide copies of the purchase agreement or assignment in #12 between your firm and the original creditor.

THE WISCONSIN CONSUMER ACT, WISCONSIN STATUE, CHAPTER 422 & 425, ALSO ENTITLES ME TO ALL THIS INFORMATION BEFORE YOUR ORGANIZATION CAN HOLD ME LIABLE FOR AN ALLEGED CONSUMER DEBT IN WISCONSIN.

If the alleged agreement has any arbitration clause that waives your litigation rights over this alleged debt, we hereby invoke it.

All of these validation items are required to be provided at no charge.

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 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. If your offices attempt telephone communication with me, 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 I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

Our personal information has also been compromised by the State of WI and 3rd party fraud may have occurred on any alleged account you claim.

If you feel the FDCPA does not apply then read the following:

Please be advised that we dispute the claimed debt(s) described above.

Please provide any contract or agreement we signed and an account history showing how you arrived at the conclusion that we owe the amounts claimed and when this alleged debt(s) was charged off.

Furthermore, you are hereby requested, as required by the Uniform Commercial Code, to provide copies of assignments and other documents showing that you or your principal is in fact the assignee of the debt(s) described above and that you are legally authorized to attempt to collect the claimed debt(s) from us.

Unless and until such proof is furnished, we do not recognize any right on your part to attempt to collect any amount from us through any means whatever, including credit reporting. We refuse to pay any debt which has not been substantiated in the manner we request and direct you to cease further communications unless and until you can provide such substantiation.

Until all of the requested information is provided above, because I do not know who you are or what you are talking about,

I DISPUTE!

Thank you,

Edited November 13, 2009 by trueq

[admin]

I like the first letter.

[Downto0]

I'd like to mention that the first two paragraphs of this DV pretty much includes all that you need to say in a DV letter.

The rest of the letter is a pretty good laundry list of subjects you may wish to bring up in your own way. If the recipient of your DV suspects that you are copying from a format then they will think that you won't know how to fight the debt either.

I used a form letter when I first started DV'ing and got served with a summons shortly after. I've since learned to make my DV's more personal. I list, for example, violations by the collector along with anecdotal evidence to let them know that I believe that I've got the goods on them.

You could ask for such things as for their registered agent and proof that they are licensed to collect in your state but these are the kinds of things which will make you look like you are copying questions from a list.

If they don't have a license for your state, they won't tell you anyway. You'll have to go the AG's website and plug their name into the system and see for yourself.

Now, if you did do this before sending your DV and you found out that the collector was not licensed, then this is the type of anecdotal evidence which should be included in your DV.

[david9041]

Trueq , I like this , so far I have sent out 6 DV letters by certified mail , now I will wait till they violate and then start to answer the phone and elect Arbitration , this is cool .

[david9041]

I just noticed that you already requested arbitration in the letter , I did not have that in the ones I sent so far , I will change that right now

[trueq]

Electing arbitration before suit gives you 2 advantages.

1.) If they sue, after you waived their litigation rights, it violates FDCPA. (I've sent this DV out 56 times with arbitration exercise. 0 lawsuits. This includes 2 particularly litigous claims with local lawyers who have sued me before. I'm still shocked they haven't sued on those! I think they fear that phrase in DV.)

2.) No court can force you to file arbitration before suit! Since no one will take monstermegabanks arbitration claim, JDB or OC needs to come crawling to your for alternate forum. YOU JUST MADE THEIR LIFE INCREADIBLY DIFFICULT!

DON'T MAKE THEIR LIFE EASY BEFORE THE SUIT!

Be a PITA!

[david9041]

Problem already ,Trueq , how do we stand If they do not accept the DV letter and keep calling ? I would think they would just claim they did not know , what would you do ? Out of the (6) I sent (2) were not accepted both were to Zwicker & Associates P.C. In Andover , Massachusetts

___________________________________________________________________________

We attempted to deliver your item at 11:34 AM on November 12, 2009 in ANDOVER, MA 01810 and a notice was left. You may pick up the item at the Post Office indicated on the notice, go to www.usps.com/redelivery, or call 800-ASK-USPS to arrange for redelivery. If this item is unclaimed after 15 days then it will be returned to the sender. Information, if available, is updated periodically throughout the day. Please check again later.

[BrokeBob]

Try this:

Get a phone recorder.

Take their call. Record it.

Elect arbitration over the phone.

Repeat as needed.

[trueq]

They have to sign for it! (Put OC as return address on box)

[david9041]

UPS , Good idea , I can track that also , And putting the OC as return is a real good idea

Trueq , sorry about bugging you so much ,I was just checking the VD Letters I sent , and I had not put in the part about Arbitration

But I also noticed that your's states ----" Be advised that this is a refusal to pay ,"

I had "Be advised that this is not a refusal to pay " I guess the word ( not ) would make a difference ? I don't remember where I got my DV letter but it was on this site someplace .

[FlaLawyer]

Problem already ,Trueq , how do we stand If they do not accept the DV letter and keep calling ? I would think they would just claim they did not know , what would you do ? Out of the (6) I sent (2) were not accepted both were to Zwicker & Associates P.C. In Andover , Massachusetts

___________________________________________________________________________

We attempted to deliver your item at 11:34 AM on November 12, 2009 in ANDOVER, MA 01810 and a notice was left. You may pick up the item at the Post Office indicated on the notice, go to www.usps.com/redelivery, or call 800-ASK-USPS to arrange for redelivery. If this item is unclaimed after 15 days then it will be returned to the sender. Information, if available, is updated periodically throughout the day. Please check again later.

They can still call you if you sent the DV outside the 30 day initial written communication from the creditor. The response needed from the creditor to comply with the DV is very limited. Trueq's letter is very specificly tailored to Wisconson law.

[BrokeBob]

They can still call you if you sent the DV outside the 30 day initial written communication from the creditor. The response needed from the creditor to comply with the DV is very limited. Trueq's letter is very specificly tailored to Wisconson law.

Those of us in Wisconsin should take note.

Those NOT in Wisconsin, take the time to look up your state laws.

[david9041]

I see your point , I just changed Wisconsin to Florida , I figure as a Pro Se I have some leeway and at the very least I can show intent to Arbitrate , at the pretrial if they sue and motion to dismiss on the grounds of my electing Arbitration .

That word " not " bothers me though .

[pulpfiction]

Trueq,

As much as I respect your posts here and admire your litigious spirit; I've always been under the impression that a DV letter should be extremely simple and to-the-point.

Mine:

[pulpfiction]

Trueq,

As much as I respect your posts here and admire your litigious spirit; I've always been under the impression that a DV letter should be extremely simple and to-the-point.

Mine:

Dear Scumbag Bottom-feeding Minimum-Wage Debt Collector Vulture:

I am in receipt of your letter dated xx/xx/xx. I hereby dispute the above referenced debt in its entirety. It is inconvenient for me to receive any phone calls in regard to this matter.

While I do get the point of electing the arbitration route from the get-go, isn't the other stuff basically just laying out the law that the other side needs to know?

Why give the enemy a copy of the rules that it needs to play by (according to state & federal law)?

[fedup1101]

if I'm spreading VD online.

She's OK with DV sharing.

Send me your email again. It keeps getting returned. There may be a typo. Or "trueq" in subject line does not defeat your spam filter.

Hopefully it has nothing to do with VD. ---lol

Sorry. I'm a little dyslexic, and it was the middle of the night. But thanks for your help.

[david9041]

They can still call you if you sent the DV outside the 30 day initial written communication from the creditor. The response needed from the creditor to comply with the DV is very limited. Trueq's letter is very specificly tailored to Wisconson law.

FlaLawyer , to the best of my knowledge the letter I respond to with the DV is the 1st letter I ever received from them . I know for a fact that there was no registered or certified letters .

It's kind of like the lawyers that answered my second request for admissions and they denied the Verified Return of Service was false even after I gave them the proof that we were not even in the State , we have to lower our standards to deal with them .

[trueq]

While I do get the point of electing the arbitration route from the get-go, isn't the other stuff basically just laying out the law that the other side needs to know?

Why give the enemy a copy of the rules that it needs to play by (according to state & federal law)?

This is partly the reason I have been hesistent to post my DV letter. It is very specific to WI law. Wiscosnisn has a "use it or lose" it documentation statue. If you ask and they don't document, you can make them look really foolish later in court, if they sue.

The MOST I ever got was credit card statements and an unsigned cardholder agreement.

Nobody ever sends "Notice of Assignment" which is required under WI law. Lack of Notice in WI renders assignment ineffective (invalid).

By laying it out, they cannot plead ignorance of the law later, I GAVE THEM NOTICE OF WHAT I WANTED.

My DV letter is always "Exhibit A" in the court case.

This letter has been gold. In court, its not what you did that counts, ITS WHAT YOU CAN DOCUMENT!

This is a good DV...for WI.

I have no opinion about what to do with DV's in other states.

[pulpfiction]

I see. Wow, your state's consumer protection legislation must almost make those sub-zero winter temperatures seem insignificant

Unfortunately, my state (CT) is the wealthiest in the country--and, therefore, does precisely zero to protect its consumers.

While I do get the point of electing the arbitration route from the get-go, isn't the other stuff basically just laying out the law that the other side needs to know?

Why give the enemy a copy of the rules that it needs to play by (according to state & federal law)?

This is partly the reason I have been hesistent to post my DV letter. It is very specific to WI law. Wiscosnisn has a "use it or lose" it documentation statue. If you ask and they don't document, you can make them look really foolish later in court, if they sue.

The MOST I ever got was credit card statements and an unsigned cardholder agreement.

Nobody ever sends "Notice of Assignment" which is required under WI law. Lack of Notice in WI renders assignment ineffective (invalid).

By laying it out, they cannot plead ignorance of the law later, I GAVE THEM NOTICE OF WHAT I WANTED.

My DV letter is always "Exhibit A" in the court case.

This letter has been gold. In court, its not what you did that counts, ITS WHAT YOU CAN DOCUMENT!

This is a good DV...for WI.

I have no opinion about what to do with DV's in other states.

[goodguy2]

I see. Wow, your state's consumer protection legislation must almost make those sub-zero winter temperatures seem insignificant

Unfortunately, my state (CT) is the wealthiest in the country--and, therefore, does precisely zero to protect its consumers.

why do you think all the corporations are formed there?