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My first DV letter.......thoughts?


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Ok so I found a few examples and mixed them together a bit to form this letter. I want them or any other place to know they will not mess with me and better have their documents in order. I know alot of this is just fluff but I am sure they will have a better idea of how to proceed or just drop the matter. Any thoughts?

Allied Interstate, Inc.

3000 Corporate Exchange Drive

Columbus OH 43231

Re: Acct

Ref

To Whom It May Concern:

I am sending this letter to you in response to a notice I received from you on Feb 13 2012. Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) 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.

What I need you to provide as the debt validation.

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

Proof that the collection company owns the debt/or has been assigned the debt. (You are

legally entitled to collect this particular debt from me.) This is basic contract law.

Complete payment history, starting with the original creditor. (I need to have proof of my

payment history with original Creditor, what the amount of the debt was when the creditor

assigned the debt to your company, and what fees/interest has been tacked on to this

debt and how you/they determined these fees.) This requirement was established by the

case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072,

7th Circuit Court, Sept 2004.

Copy of the original signed loan agreement or credit card application. (My contract with the

original creditor

establishing the debt between us.) This is also basic contract law.

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 investigating 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 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.

Should you choose to take legal action before proper validation, I will respond with a Motion

To Strike and Dismiss With Predjudice and cite the following case: Spears-v-Brennan

Case # 49A02-0003-CV-169.

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.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.

Best Regards,

John who hates banks Doe

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Bad, bad, bad....this is probably one of the worst DV letters out there.

Many of the items in that letter have no relevance to debt collection...

Here's my re-write:

Dear Collector:

I dispute the alleged debt and demand validation per the Fair Debt Collection Practices Act.

-Me

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Ok so basically the first paragraph is good enough......

To Whom It May Concern:

I am sending this letter to you in response to a notice I received from you on Feb 13 2012. Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) that your claim is disputed and validation is requested.

maybe change to validation is Demanded?

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You had better be sure they are a JDB. There is a world of difference between fighting the two and you don't want to go at them like they are a JDB only to wind up getting sued by an OC.

Wait...Chase? If your state has a website where you can see the lawsuits filed, look up chase's recent activity. By recent, I mean the past 12 or so months.

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