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Sending DV letter. Longer or shorter?


WasteofTaxMoney
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Not sure if I should send a short or long(er) letter.

Here is what I was going to write:

My name as stated on their paperwork

Address on their paperwork

JDB

Address

December 7, 2011

JDB Account Number:

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on XX/XX/XXXX. This notice is being sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) that your claim is disputed and validation is requested.

Please provide me with the following:

• What the 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;

• Provide a verification or copy of any judgment if applicable;

• 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

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.

This is an attempt to correct your records; any information obtained shall be used for that purpose.

Best Regards,

Me

********

Or, should I go with a much shorter version I found on this site (and fill in my info):

I am in receipt of your letter dated _______- which I received on _________. In accordance with the FDCPA and any and all applicable laws of MY State, I dispute your claim in its entirety.

Please provide me with full validation and documentation of your claim, as provided for in the FDCPA and Washington State law.

In addition, my employer strictly prohibits telephone calls and I record all calls made to my home phone. As such, I request any and all further correspondence to be in writing.

What do you think?

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Shorter is better. DV is NOT about getting any significant information. It is merely about a step in a process to ensure your rights. If they don't validate, they have to stop collection, if the DV request was within 30 days of first communication.

They cannot validly say you did not ask for enough, because your argument is that you merely asked for exactly what the law allows you to ask for. They always have every opportunity from the first communication to the last to provide more information regarding the debt.

There are more things to do (and for them to do) coming later.

Edited by Torden
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That short, huh? Wow. And what if they provide little to nothing that is reasonable and still try to sue? Can't they say that I didn't ask for enough proof...ie: play a legal game?

What you ask for in a DV letter has nothing to do with a lawsuit. All the FDCPA requires a CA or JDB to provide for validation is the name of the OC and the amount of the debt, so it would be useless to request anything else in the letter.

If you're sued, and if your court allows for discovery, you can request proof of ownership at that time.

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Guest usctrojanalum
That short, huh? Wow. And what if they provide little to nothing that is reasonable and still try to sue? Can't they say that I didn't ask for enough proof...ie: play a legal game?

The purpose of validation is not to prove a case outside a Court of law, the legislative purpose was to simply make sure that the creditor is dunning the correct debtor, nothing more. The reason why it is a powerful tool is because they must cease collection after they receive a timely DV up until they provide the response to the dispute letter.

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The purpose of validation is not to prove a case outside a Court of law, the legislative purpose was to simply make sure that the creditor is dunning the correct debtor, nothing more. The reason why it is a powerful tool is because they must cease collection after they receive a timely DV up until they provide the response to the dispute letter.

Ah, OK.

These guys called my cell phone (I didn't answer and they left no message), so should I be putting something in this letter that says that are to cease all communication until after they validate?

I ask b/c when I looked up the number, some one had commented that a person who spoke very little English answered the phone and then hung up on them, so I want there to be no mistake of what the DV letter means....

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OK, so I wrote my letter (s). Short and to the point. 2 since I am going to sent to both addresses that they have listed on their letter and send them with return receipt.

Their letter says that if I dispute and ask for validation, they will send me the name and address of the original creditor....who cares about that? Any Joe Blow could do that.

I'm starting to think that they have nothing to show with a statement like that.......

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OK, so I wrote my letter (s). Short and to the point. 2 since I am going to sent to both addresses that they have listed on their letter and send them with return receipt.

Their letter says that if I dispute and ask for validation, they will send me the name and address of the original creditor....who cares about that? Any Joe Blow could do that.

I'm starting to think that they have nothing to show with a statement like that.......

That little notice at the bottom of the letter is required by law, and that information is all that is required for validation if you request it. They may indeed have nothing, but don't read anything into the language of whatever form letter their computers spit out.

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OK, so I wrote my letter (s). Short and to the point. 2 since I am going to sent to both addresses that they have listed on their letter and send them with return receipt.

Their letter says that if I dispute and ask for validation, they will send me the name and address of the original creditor....who cares about that? Any Joe Blow could do that.

I'm starting to think that they have nothing to show with a statement like that.......

If your DV letter is sent within the 30 days after their 1st notice to you, once they receive your letter, they cannot call you or send you any collection letters until they validate.

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That short, huh? Wow. And what if they provide little to nothing

You're going to get that no matter how long or how short the letter is. DV is a very low threshold.

What I would add to my letter is, assuming you want no calls.

Dear Creditor,

This alleged account and debt are disputed, in their entirety. Validation is requested. All telephone calls to XXXX are inconvenient.

Signed you.

I include my phone number so if they call I can try to get them for a willful violation by claiming not only do I not want calls I even told them what number not to call. Inc the phone number is not required to trigger FDCPA protection.

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Guest usctrojanalum

Their letter says that if I dispute and ask for validation, they will send me the name and address of the original creditor....who cares about that? Any Joe Blow could do that.

I'm starting to think that they have nothing to show with a statement like that.......

Federal Law requires them to make this statement, it should be on every single initial letter you receive from a debt collector or the letter in itself is a violation of the FDCPA.

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