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does anyone have a more genaric DV sample letter


oregonpilot
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There are those that say simple is better. Take trueq's VD letter and take out everything you find extraneous. This will pare a 3 or 4 page letter down to 1 page. Even though I live in Wisconsin, I sometimes use a substantially pared down version.

Something along the lines of:

I dispute this debt and I demand validation of this debt. I hereby request:

A full accounting of the alleged debt and what it is for.

A copy of the original signed contract.

Proof that this debt has been assigned to you or has been purchased by you.

If this alledged debt contains an arbitration provision which waives your right to litigation, I hereby invoke this provision.

This was just off the top of my head. You don't NEED to get fancy. The point of trueq's letter is to show you know your rights and are willing to fight for them. Also, there are certain laws in Wisconsin to which it refers. In general, it really doesn't matter that much what you ask for. They will send you whatever they feel like sending.

You may have noticed on THAT board, people are debating the wording of the arbitration election. Use whatever wording you find comfortable.

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I like to use this one.

I am going to add a version of BrokeBob's "If this alledged debt contains an arbitration provision which waives your right to litigation, I hereby invoke this provision"

... just not sure the wording I want because I do not want to suggest that I am expecting litigation.

I have been toying with it but nothing hits me right yet.

File#: (Their file # or your account #)

Amount in Dispute: (The amount claimed)

The Collector’s name

The street address

City, State and zip

Their phone number)

(Today’s date)

Alleged Original Creditor: (Name of the creditor)

 

Dear ___________,

I have just received your letter dated xxx,xx, 2010 as of the date of this writing. This letter is your official notice that the debt in your file number (Their file number or your account number) is disputed in its entirety and validation requested per the Fair Debt Collections Practices Act § 1692g. This is not a refusal to pay, just to verify the validity of your alleged claim against me.

This letter shall also serve as a reminder that per the FDCPA you must cease collection of the debt, or any disputed portion thereof, until you obtain verification of the debt and the name and address of the original creditor and mail that information to me: this includes, but is not limited to legal actions.

Please also be aware that the FDCPA provides for a private right of action against violators. Should you continue collections activities without replying to this request for validation, I intend to sue you in Federal Court and will be awarded statutory damages up to $1000, plus actual damages and counsel fees.

1. Please furnish a copy of the original promissory note redacting my social security number to prevent identity theft and state under penalty of perjury that your client named above 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.

And said copy of my original application or sales agreement, so that I can

identify my signature.

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

4. 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.

5. Please verify under penalty of perjury that you know and understand that certain clauses in a contract of adhesion, such as so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.

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 non-transferable.

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 intrastate or 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.

 

Disputing the "debt."

*

Yours truly,

 

(Your Name

signature deliberately with held

Your street address

City, State and zip)

 

CC: Consumer Response Center

Federal Trade Commission

Washington, D.C. 20580

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OK... I think I am going to add the following to my DV letter above.

Since we can elect arbitration, without initiating.

"This is not my debt.... You have 30 days to validate what you say is allegedly mine. If you proceed beyond that I will elect arbitration pursuant

to the greement that was in force at the time the Original Creditor suggested I defaulted on this account that is not mine. "

If it proceeds... then I have Arbitration already mentioned,

and I can decide by then if I truly want to pull the Arb. card or not.

That should cover any court who might say you waited to long to

elect it.

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See my answer here:

http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=304014

DV letters are completely pointless when dealing with court. Also, remember, saying that a DV/arbitration election letter helps is a violation of the TOS of this forum. Why? Because it is completely false information.

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See my answer here:

http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=304014

DV letters are completely pointless when dealing with court. Also, remember, saying that a DV/arbitration election letter helps is a violation of the TOS of this forum. Why? Because it is completely false information.

One simple question, non argumentative. Why are DV letters pointless when dealing with court? They are evidence in account stated cases showing you did not agree to the stated amount. And they are evidence is FDCPA cases showing that you exercised your legal protections.

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There is an extensive, exhaustive stickie on this subject in the legal forum. I suggest you read it.

If you are referring to the sticky "Once you're in court, DV'ing is useless (Really!)", this current thread did not mention that any suit has been filed.

If I am reading the wrong sticky, please advise.

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See my answer here:

http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=304014

DV letters are completely pointless when dealing with court. Also, remember, saying that a DV/arbitration election letter helps is a violation of the TOS of this forum. Why? Because it is completely false information.

OTOH, I was able to get the top debt collection law firm in the US to back off by using a method I am not permitted to mention here xangelx, but it would be a violation of the TOS to tell anyone how I did it. Remember, mentioning DV letters with arbitation is a big no-no, so I won't mention it.

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Remember, mentioning DV letters with arbitation is a big no-no, so I won't mention it.

Shoot! There are those words again . . . would someone please tell me "where" this TOS is located in regard to DV letters with arbitration?

And if it is really posted somewhere - aren't we allowed to talk about it even in "this" arbitration forum where the "USE THE ADVICE IN THIS FORUM AT YOUR PERIL!" sign is? Geesh! :shock:

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Sorry, I got a little frustrated that I could be banned for discussing a method that, on at least one occasion, worked for me. In another case, I filed a counter claim based on something I cannot discuss. If that works, I may not be able to discuss it anyway, if I have to sign a NDA.

In my tribe, they used to have professional eagle hunters. Killing an eagle was a HUGE taboo, and for good reason. The tradition is that each feather of an eagle contains the spirit of a fallen warrior, so only warriors are permitted to wear an eagle feather. (That is why there are always veterans at pow wows, in case something goes wrong with an eagle feather). But, the feathers had to come from somewhere, so occasionally a village would hire an eagle killer to kill an eagle to get the feathers. The eagle hunter would fast to purify himself, and then hunt an eagle. Afterwards, it was forbidden for him to even mention that the eagle had been killed. So, he would return to the village, and say something along the lines of "a snow bird died". (Note that this was not universal among all tribes. Each tribe had its own practices).

So, I suppose whenever I get to something forbidden by TOS or, in the future (I hope) by a NDA, maybe I should say "a snow bird walked away from a case" or "a snow bird settled a case" :lol:

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It's in an arbitration sticky......

http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=302046

http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=302075

I have yet to see a case where the case was converted to arbitration and the person won in arbitration OR lost in arbitration and was able to fight off the judgment. That's the only "WIN" that counts. All this other stuff is just plain crazy. None of our professional legal staff thinks these methods have any merit. It's along the lines of the people that promote the crackpot "you shouldn't have to pay taxes because it's not constitutional" conspiracy theories.

Really tired of trying to protect you guys from yourselves. And I don't want "newbies" getting misled. This is NOT going to happen here. I will start banning people who promote these ideas starting today. This includes snide remarks about "I can't say this in this forum but you should read this....". Every time I don't keep a close watch, these half-baked ideas start up again.

I hate to be rude, but if you want to use stuff that isn't proved - go elsewhere. Now. I've been patient for 8 months.

The rules are really pretty simple.

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