Should I send 2nd DV letter?

[jbmex3]

I started sending DV letters a few months ago as I was receiving dunning letters. In the DV letter I ask for validation, C&D, and if they didn't validate within 30 days to remove from my credit.

I haven't heard anything nor has it been removed from my credit. My big this is that in those letters I didn't put anything about arbitration. Should I send 2nd notice telling them this is a follow up from the first one and put in an arbitration election or just leave it alone?

[Torden]

Since you sent C&D, they cannot answer your DV, by law.

[jbmex3]

This is what was in the dv letter I sent:

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.

[BV80]

Did you send the letters during the 30 day period after their first communication with you?

[jbmex3]

Yes

[BV80]

Yes

They can't continue collection efforts until they validate. BUT, unless your state has a law that says otherwise, they don't have to remove their entry from your CR if they don't validate.

If the debts are within the SOL, you might want to be careful how hard you push. They could decide to sue no matter what do or don't do. But, if you push the credit report issue, that might make them more likely to sue.

If the debts are outside the SOL, you can dispute with the CRAs.

[jbmex3]

I was actually only thinking of sending 2nd notice to add the arbitration clause so they don't sue

[Torden]

I was actually only thinking of sending 2nd notice to add the arbitration clause so they don't sue

You don't get to add a clause. But if the clause exists in the contract, you can elect it. But now is not the time to do that. You can do the election when they sue.

[jbmex3]

Ok. Thanks for your help. Should I in the future include a statement saying that I elect arbitration if it exists in their contract therefore waiving their rights to litigation or go to court and act the judge for MTC arbitration and produce card member agreement. That way they have to spend the money to send an atty

[Coltfan1972]

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.

I would add arbitration election, if that is what you want, in the initial DV. I would simply say, if the alleged agreement/contract contains an arbitration clause, I elect to have all disputes settled by arbitration.

However, I would not send a second letter putting in your arbitration election. You can still get arb if they sue. You want to add an arbitration election clause in your DV, if you want it, as to trigger a possible FDCPA violation if they do sue you in court.

I would also refrain from putting statementsf like above in your letters. Making a demand that has zero law or authority backing your statement, only hurts your credibility.