Jump to content

Anyone Use this DV sample letter before ?


Recommended Posts

Has anyone used this? I found it on the site while researching. If so what was the outcome?

Attempt to Validate Debt - Sample Letter 9

The following is a sample letter requesting a collection agency to validate that you owe the debt. You can also try this letter. Confused about how to use this form or have questions about the debt validation technique? We are here to help! Call us to speak to a credit counselor today!

--------------------------------------------------------------------------------

Under the Federal Debt Collection Practices Act, you are allowed to challenge the validity of a debt that a collection agency states you owe to them. Use this letter and the following form to make the agency verify that the debt is actually yours and owed by you. Keep a copy for your files and send the letter registered mail.

Date

Your Name

Your Address

City, State Zip

Collection Agency

Collection Agency Address

City, State Zip

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

I am sending this letter to you in response to a notice I received from you on (date of letter). 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 office provide me with competent evidence that I have any legal obligation to pay you.

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; and

•Provide me with your license numbers and Registered Agent.

If your offices have reported invalidated information to any of the three major Credit Bureau’s (Equifax, Experian or TransUnion), said 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, 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. This includes 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 or correspondence sent to 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.

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

Best Regards,

Your Signature

Your Name

--------------------------------------------------------------------------------

Debt Validation - The Ultimate Weapon Against the Collection Agencies

Link to comment
Share on other sites

  • Replies 62
  • Created
  • Last Reply

Top Posters In This Topic

You can send that letter, but CAs and JDBs know that they're not required to send most the requested information. It's just not required by the FDCPA.

•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; and

•Provide me with your license numbers and Registered Agent.

Most of what is requested would, however, be proof you'd request if sued.

If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

The above is not required by the FDCPA and has no legal authority whatsoever. Once a debt collector has validated, they can continue collection.

Link to comment
Share on other sites

I know we're just a bunch of unknowns from all parts of the country, but I can't really express to you how much you would be hurting yourself if you send that letter.

BV80 in his usual politically correct and patient way is dead on. I try but I can't sugar coat it as well as he can, that letter is pure garbage !! It will do nothing but let the agency know you have no clue about the law and the only thing you have a clue about is basic copy and paste skills.

That letter has zero legal authority supporting its use. I used to get these type of letters when I worked insurance claims. Not DV letters of course but the letters off the internet about all these things I was going to do and all these legal sounding threats.

I can assure you those that sent those letters got the worst treatment and settlements. It was not because of the letter they sent as in it made me mad or made me work harder, it was because I knew I could run all over them and they would not know how to even find a courtroom, let alone every follow through on their empty threats.

The only time I would send that letter is when a debt is out of statute and your trying to goad the agency into suing you.

A lot of what is demanded in that letter is 100% fair game if a lawsuit is filed, in fact most of it is.

Link to comment
Share on other sites

Thanks everyone,

BV I will go with your suggestions. What baffles me is why its looking like it happened at a different time. Then when it actually did. I am going to try to call the bank today and see if I can get records.

One comment.

IF you have any clue that at some point you might want to

elect private contractual arbitration.... or even if you feel you

never will....

I would add something like this to your letter.

In any event, please consider this your notice that I do hereby elect Private Contractual Arbitration, that was provided for and in force at the time the Original Creditor suggested I allegedly defaulted on this alleged account, and/or closed this alleged account to settle any

or all disputes that may arise from this.

It can be reworded to suit you but you need to get it established

just in case.

They will not initiate arbitration, but this lets them know you

are putting it on the table...

If your case moves forward then you can decide what you want to do.

ALSO...

I would word the no calls to read.... because the All calls are inconvenient

is straight from the FDCPA play book.

Other than validation, this is your notice to cease all communications pursuant to 15 USC 1601 section 805©. This means no phone calls and no more collection notices. All calls, to any phone number are inconvenient.

And do not sign your DV.

Sign off by making a notation you dispute the debt... something like..

Disputing the “debt”

YOUR NAME

signature deliberately withheld

It may come up and you may be asked if you ever disputed....

Also do not sign... they do not need your signature....

A typed name with the above under is sufficient.

Edited by DonqIII
spelling
Link to comment
Share on other sites

I used a similiar format DV for mine, but I also included TExas Finance Code 392 instead of just FDCPA for legal references. Main reason I did this, was one CA I am dealing with is not bonded in Texas as per TFC 392. Now, when they responded to my letters (sent 2, little different but pretty much the same letter) they included the statement "This is an atttempt to collect a debt". So by attempting to collect a debt, while not leagally being able to collect in Texas since they are not bonded here they are in violation of TFC 392. In my second letter to them I made sure and bolded the section about proof they are the legal owner of the debt and that they are can legally attempt to collect debts in the State of Texas. So far, 2 letters from them and at least 2 times they verified the information on my credit report equals at least 4 violations of TFC 392. At least that is how I hope it works lol. Anyway, my 3rd letter to them I pointed this all out and offered a much reduced settlement, a Paid in Full letter and deletion from all the CRA's. I offered them any money at all, only because this is a debt I (kinda) actually owe and want to take care of it, but I just don't have the full amount to spend currently.

Link to comment
Share on other sites

Thanks everyone,

BV I will go with your suggestions. What baffles me is why its looking like it happened at a different time. Then when it actually did. I am going to try to call the bank today and see if I can get records.

Regarding your credit report, you stated that you couldn't get it because you'd already printed it out and given it to the attorney. If you dispute an entry on your CR and do it online, you'll be able to see your report.

Link to comment
Share on other sites

Regarding your credit report, you stated that you couldn't get it because you'd already printed it out and given it to the attorney. If you dispute an entry on your CR and do it online, you'll be able to see your report.

If your lucky. TransUnion will not allow me to see any of my disputes or results online. It says some sort of system error, but this has been going on for 3 months. I think it's because I was using the dispute /view results make some minor dispute / view over and over again to get updated reports all the time. I pay Equifax for the monitering service, so i get new reports from them as often as I want. I paid them, because they were the first to cut me off from mulitple reports/viewing after a dispute. I am still getting daily updated CR's from Experian after my 1 freebie last June. Granted, I am still disputing/fighting information with them...but it's working nicely to get updated reports.

Link to comment
Share on other sites

  • 4 weeks later...
I know we're just a bunch of unknowns from all parts of the country, but I can't really express to you how much you would be hurting yourself if you send that letter.

BV80 in his usual politically correct and patient way is dead on. I try but I can't sugar coat it as well as he can, that letter is pure garbage !! It will do nothing but let the agency know you have no clue about the law and the only thing you have a clue about is basic copy and paste skills.

That letter has zero legal authority supporting its use. I used to get these type of letters when I worked insurance claims. Not DV letters of course but the letters off the internet about all these things I was going to do and all these legal sounding threats.

I can assure you those that sent those letters got the worst treatment and settlements. It was not because of the letter they sent as in it made me mad or made me work harder, it was because I knew I could run all over them and they would not know how to even find a courtroom, let alone every follow through on their empty threats.

The only time I would send that letter is when a debt is out of statute and your trying to goad the agency into suing you.

A lot of what is demanded in that letter is 100% fair game if a lawsuit is filed, in fact most of it is.

Damn! I sent out 2 of those the other day. AND signed them. What a stoopid rookie mistake. What would be the damage control at this point?

Link to comment
Share on other sites

No damage control. It passes for DV and protects all your DV rights (which are not near as much as is written on the internet). DV is really pretty much nothing. However, it at least lets the agency know the consumer won't just roll over without at least a little bit of a fight.

Some agencies and JDB policy is to immediatley get rid of any account if the consumer puts up any opposition. That is where the misconception that these letters work comes from.

People will come in and beat their chest that they chased off or won because they sent a letter like this and the creditor folded.

At the end of the day, it's a valid DV letter that protects your rights and does trigger certain responsibilites on the part of the agency.

Where you will really shoot yourself in the foot, is if you persue a cause of action or use as a defense to a cause of action the fact the agency did not respond in the manner you demanded.

For example, suing because after you receive their DV they don't stop collecting for the 30 day period you told them they could not collect.

It's not all that big of a deal. I know of cases, or have read on other message boards, where an agency that is going to sue, will accelerate the lawsuit when getting one of these letters. The reason? Because they know they are dealing with a consumer that has no clue about the law, and they want to hurry and sue before they start snooping around and become educated.

Link to comment
Share on other sites

No damage control. It passes for DV and protects all your DV rights (which are not near as much as is written on the internet). DV is really pretty much nothing. However, it at least lets the agency know the consumer won't just roll over without at least a little bit of a fight.

Some agencies and JDB policy is to immediatley get rid of any account if the consumer puts up any opposition. That is where the misconception that these letters work comes from.

People will come in and beat their chest that they chased off or won because they sent a letter like this and the creditor folded.

At the end of the day, it's a valid DV letter that protects your rights and does trigger certain responsibilites on the part of the agency.

Where you will really shoot yourself in the foot, is if you persue a cause of action or use as a defense to a cause of action the fact the agency did not respond in the manner you demanded.

For example, suing because after you receive their DV they don't stop collecting for the 30 day period you told them they could not collect.

It's not all that big of a deal. I know of cases, or have read on other message boards, where an agency that is going to sue, will accelerate the lawsuit when getting one of these letters. The reason? Because they know they are dealing with a consumer that has no clue about the law, and they want to hurry and sue before they start snooping around and become educated.

Gotcha. Thanks for a reply, I guess the ball is in CA's court now. And good luck accelerating anything in packed NYC courts.

Link to comment
Share on other sites

Gotcha. Thanks for a reply, I guess the ball is in CA's court now. And good luck accelerating anything in packed NYC courts.

Yes, it pretty much is their next move to make. Everyday that passes by is a day in your favor.

What I meant about accelerating the lawsuit was, they might sue you quicker. They can't control the courts dockets or speed, but they might just say, let's forget more collection efforts and just sue.

The day the bailout for the banks was approved, I got a letter from one of the banks they were charging me a 39.00 late fee for my payment being two days late.

I cut the card into a hundred pieces, put it in an envelope with a note that said, "Welcome to Colftan's personal bailout party" You will (not offered) settle for 10 cents on the dollar.

A week later I had a letter from a local attorney that was now "representing" the bank because I defaulted. Which technically I did, by being two days late. However, they would have probably held off 6 or 8 months, if not for my bailout party letter. That's what I mean by accelerating things.

Link to comment
Share on other sites

The bank keep sending me notices and bills. I fired off a letter to the attorney. I told him that he needed to reign in his client and as he knew all communication should go through him. Furthermore, sue me and we can set a whole day aside for multiple depositions of your client, and myself, if you wish.

Got a letter back about three days letter that only said.

Mr. Coltfan,

We no longer represent ABC Bank.

A month later the bank sent a letter telling me while they dispute all my claims against them (what claims? I just said I'm not paying you), they accepted my offer.

Sent them a settlement agreement. They would not sign any agreement that included a liquidated damages clause. So they got this from me. :thefinger:

Got a letter many months later from Midland. Fired back a letter attaching docket sheet from my FDCPA case. The account was removed from my credit report, has not been put back on by anybody else.

I assume it's being passed around with all those bulk sales of thousands of accounts to different junk debt buyers. I guess whoever keeps buying it subscribes to Webrecon.

I'm ready for whoever sends a letter or calls, but I think what slim chance I had of that happening has just been dashed with the fresh federal suit that got filed Monday. Hey, but you never know. Keep hope alive !!

Link to comment
Share on other sites

Guys, I'd like to put forth an additional answer to why you shouldn't use the "Kitchen Sink" DV letter beyond simply the "CAs don't have to provide all that stuff" answer.

There is a considerable and two-fold advantage to sending the super-bare-bones DV letter:

1. It reveals almost nothing of your knowledge of the law to the CA, which is a much more frightening prospect for them to consider than the letter festoon with threats and demands. If you send a four sentence letter, you don't show any part of your "hand" so to speak.

2. (and this is if you leave out all the C&D language and send JUST a TRUE DV letter)--You are giving them a lot of space to commit an FDCPA violation. Why, you ask? Because they may think you don't know anything about your rights and are merely responding to their letter. They may even continue collection calls/activity before they finish validation. It is because of this "we're gonna nail this fool" mentality that positions CAs to act brazenly and stupidly.

Now, It is important to phrase your super-bare-bones letter in the same context as their original letter to you. If the letter says something like, "If you send us a written request that you dispute this debt or any portion thereof, our offices will obtain verification and mail it to you," then that is EXACTLY what you do:

"Dear Dbag Debt LLC:

I received your letter about the $5,000.00 debt. In it you stated that if I dispute the debt, you would mail verification to me. I hereby dispute this debt. Please send me validation.

Sincerely,

Your Mine"

Now, you wait. They either drop it, continue to collect and violate the FDCPA, or they validate. If they do validate, then you send a bare-bones C&D letter. Now they have a second opportunity to scratch their wormy heads and think, "Hmm, do I really want to sue?" If they sue, then you could start doing the kinds of things that are in the "Kitchen Sink" DV letter.

Remember: This is war. You want your enemy to underestimate you. You never show the enemy your playbook, and you never rattle of a list off tactics to your enemy, especially if you don't know what the heck they are.

Edited by SalParadise
Link to comment
Share on other sites

SalParadise ,

Thank you for informative post. Now pardon my ignorance, but if CA won't peruse legal action after you send C&D letter, how does it work in a grand scheme of things? Do you just ride it out and wait till SOL and remove it with CRA after 7 years? How can you improve credit meanwhile?

Link to comment
Share on other sites

SalParadise ,

Thank you for informative post. Now pardon my ignorance, but if CA won't peruse legal action after you send C&D letter, how does it work in a grand scheme of things? Do you just ride it out and wait till SOL and remove it with CRA after 7 years? How can you improve credit meanwhile?

I've been lurking here for 3 years and only recently started posting. Due to this, I would defer to the board vets: coltsfan, bv80 and debtorshusband would provide excellent insight.

Link to comment
Share on other sites

If they do validate, then you send a bare-bones C&D letter.

I would only send a C&D if the debt is outside the SOL. If you send a C&D for a debt that's not time-barred, you might be creating a higher risk of a lawsuit against you.

Link to comment
Share on other sites

Guys, I'd like to put forth an additional answer to why you shouldn't use the "Kitchen Sink" DV letter beyond simply the "CAs don't have to provide all that stuff" answer.

There is a considerable and two-fold advantage to sending the super-bare-bones DV letter:

1. It reveals almost nothing of your knowledge of the law to the CA, which is a much more frightening prospect for them to consider than the letter festoon with threats and demands. If you send a four sentence letter, you don't show any part of your "hand" so to speak.

2. (and this is if you leave out all the C&D language and send JUST a TRUE DV letter)--You are giving them a lot of space to commit an FDCPA violation. Why, you ask? Because they may think you don't know anything about your rights and are merely responding to their letter. They may even continue collection calls/activity before they finish validation. It is because of this "we're gonna nail this fool" mentality that positions CAs to act brazenly and stupidly.

Now, It is important to phrase your super-bare-bones letter in the same context as their original letter to you. If the letter says something like, "If you send us a written request that you dispute this debt or any portion thereof, our offices will obtain verification and mail it to you," then that is EXACTLY what you do:

"Dear Dbag Debt LLC:

I received your letter about the $5,000.00 debt. In it you stated that if I dispute the debt, you would mail verification to me. I hereby dispute this debt. Please send me validation.

Sincerely,

Your Mine"

Now, you wait. They either drop it, continue to collect and violate the FDCPA, or they validate. If they do validate, then you send a bare-bones C&D letter. Now they have a second opportunity to scratch their wormy heads and think, "Hmm, do I really want to sue?" If they sue, then you could start doing the kinds of things that are in the "Kitchen Sink" DV letter.

Remember: This is war. You want your enemy to underestimate you. You never show the enemy your playbook, and you never rattle of a list off tactics to your enemy, especially if you don't know what the heck they are.

So what kind of barebones cd letter would you send?

Link to comment
Share on other sites

So what kind of barebones cd letter would you send?

Here is the relevant portion of FDCPA:

§ 805. Communication in connection with debt collection [15 USC 1692c]

© CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

(d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

I've seen a lot of C&D templates--most of which are prolix and overly litigious, which is exactly what (IMHO) you don't want to send to a CA. I've currently got 3 DVs out right now. Here's the C&D I may send depending on the situation:

YOUR NAME

YOUR ADDY

THEIR NAME

THEIR ADDY

RE: (You know what goes here)

Dear Sir or Madam:

I no longer wish for you to further communicate with me in regard to the above referenced matter. Please cease any further communication in any form.

Thank you.

Sincerely,

(Sign if you want, though I don't subscribe to the "photoshopped" signature hysteria. If you do, feel free to type "Signature Intentionally Withheld" or some such verbiage)

YOUR NAME

Short, sweet, and includes language that is nearly verbatim with FDCPA § 805©

Of course, C&D them however you wish. I'm of the opinion that the less they know or can infer, the better.

Edited by SalParadise
Link to comment
Share on other sites

I would only send a C&D if the debt is outside the SOL. If you send a C&D for a debt that's not time-barred, you might be creating a higher risk of a lawsuit against you.

Yes! Thank you, BV. C&D letters may just embolden a CA/atty and may lead to a quick summons.

One thing that I sorta tend to assume is that you've got your mind set about what your objectives are, meaning what exactly you are trying to accomplish or what you think you can accomplish when you begin to dispute a debt. If you feel that a JDB atty won't be able to win a case against you, then perhaps you may want to take a course of action that goads them into filing suit. If you're trying to just "lay low", it may be in your best interest to avoid a C&D letter and simply ride it out. This can be an advantageous position as it requires them to continue to comply with the FDCPA for as long as they actively collect. As you may have become aware in your study of these forums, some JDBs have a particular proclivity for perpetrating FDCPA violations.

In the end--and this goes without saying--be conscious of what your objectives are. And I would suggest that before you cast your objectives in stone, please consider their viability. If you are confident you can win in court, and your objective is to have the JDBs record removed from your CR, then by all means observe the ColtsFan mentality and throw yourself a party when the complaint comes a knockin'. :)

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share


×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.