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Anyone Use this DV sample letter before ?


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Thanks for the warm fuzzies everyone. I'm going to go with a super simple DV sent registered mail / return receipt / whatever and see what happens. Does this look ok?

Question - should I include my middle initial/middle name since I think that's where they're screwing up?

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

Date

Your Name

Your Address

City, State Zip

Collection Agency

Collection Agency Address

City, State Zip

Re: Acct No: XXXX-XXXX-XXXX-XXXX / File No:

I received your letter dated May 1, 2012 regarding a debt of $#####. 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.

Regards,

Will for sure work and won't hurt your cause at all. It's fine.

However, this also works.

Date

Your Name

Your Address

City, State Zip

Collection Agency

Collection Agency Address

City, State Zip

Re: Acct No: XXXX-XXXX-XXXX-XXXX / File No:

I received your letter dated May 1, 2012 regarding a debt of $#####. I hereby dispute this debt. Validation is requested.

You don't need to tell them what was in the letter, they sent it, they should know. Also you don't need to tell them to send you validation. That is part of the law, to send validation if you demand it (unless they want to give up collecting on the account).

Never instruct a creditor how to comply with the law, espically a strict liability law (that means for just about every situation if they mess up they can't claim it was an honest mistake).

You do what is required and then the ball is in their court. They have an absolute duty to know and comply with the law, if they can't or don't? that is not your fault.

However, like I said, nothing is wrong with your letter. It serves its purpose and is fine if you want to go with it.

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Did they have a prior relationship (already did pulls, or already reported something on your CR) with you before you did the freeze?

No, technically speaking. An OC sold an account to a JDB that now reports as a "collection account". I'm aware that only TLs from organizations with which I had a previous relationship can bypass a security freeze. I suspect JDBs do this the same way, claiming to be the new owner/assignee of a previous account held by an OC with which I had a relationship.

But yes, you're also right--a security freeze will stop new TLs and pulls coming in from folks you don't have a prior relationship with.

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Guest assmith

Yes I used it with a bit of tweaking for my situation. It was successful with Midland, I recently received a notice from them stating they notified the 3CRAs to delete them from my records. I sent the letter 2 times. I also sent it to another collector but they never responded. ;)

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  • 3 weeks later...
Will for sure work and won't hurt your cause at all. It's fine.

However, this also works.

Date

Your Name

Your Address

City, State Zip

Collection Agency

Collection Agency Address

City, State Zip

Re: Acct No: XXXX-XXXX-XXXX-XXXX / File No:

I received your letter dated May 1, 2012 regarding a debt of $#####. I hereby dispute this debt. Validation is requested.

You don't need to tell them what was in the letter, they sent it, they should know. Also you don't need to tell them to send you validation. That is part of the law, to send validation if you demand it (unless they want to give up collecting on the account).

Never instruct a creditor how to comply with the law, espically a strict liability law (that means for just about every situation if they mess up they can't claim it was an honest mistake).

You do what is required and then the ball is in their court. They have an absolute duty to know and comply with the law, if they can't or don't? that is not your fault.

However, like I said, nothing is wrong with your letter. It serves its purpose and is fine if you want to go with it.

Update.

I ended up sending a letter (Actually two as I have two of these same things in motion right now) in the same format as recommended here. Received two letters like this back:

######################################

My name

My address

Re: original collection agency name

account #

file #

Dear ___________

I am in receipt of your correspondence dated may 18 2012 wherein you requested validation of the above-referenced debt. Please be advised that MIDLAND FUNDING LLC is the holder of a debt originally owed to CONSECO for purchases made on a KINETICO H2O (CONV) credit account that you used.

I am attaching to this correspondence a Debt Validation Form for your review. I am hopeful that this information will refresh your memory as to this debt.

Please call me at blablabla if you wish to discuss this matter further.

##################

attached to that is their validation letter

##################

account no: #############

identity of original creditor CONSECO

Name of Debtor: my name

Address of Debtor: my current address

Balance of account: $######

Debt was Purchased X

##################

Again. I really don't see how this is me. I have no recollection of this debt. My credit reports don't show either of these accounts.

From what I know, their debt validation is all they need to provide (even though it's garbage), is this correct?

What's next?

thanks for any assistance you can provide.

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if the letters work or not it dont matter for me the phone stop riging. Thas a victory. I can fight them in court or I can file for bankrupcy I think they are better of going some where else and look for their pot of gold at the end of the rainbow its less work for them :)++.

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Any third party collector you send a C&D to, must, by law, not contacting you anymore, even if you owe the debt and admit to it 100%.

So, as stated I'm pretty confident this isn't my debt. It's not on my credit report, and my credit has always been fine. Is there any reason to pursue this any further or do I just C&D them so they stop bothering me about it?

Is there any repercussions to the C&D? Could this lead to them trying to pull this into court?

Should I attempt to contact the original creditor?

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So, as stated I'm pretty confident this isn't my debt. It's not on my credit report, and my credit has always been fine. Is there any reason to pursue this any further or do I just C&D them so they stop bothering me about it?

Is there any repercussions to the C&D? Could this lead to them trying to pull this into court?

Should I attempt to contact the original creditor?

If you don't want to hear from them anymore, then C&D is the way to go.

As for them taking you to court, it depends on what's in it for them. If the debt is for a few hundred dollars, it's not worth their time or effort to take you to court.

Since the debt was sold (at least that's what I gathered from your post) the OC isn't going to have anything to do with it anymore. I think the only reason you may want to contact them is to maybe try and get a copy of the original application so you can prove to Midland that it isn't yours.

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Personally I'd send them this.

I refuse to pay this debt.

Then if they contact you again (except in very limited situations) it's an automatic violation. It's a back door C&D that they are very likely to violate.

I just filed a federal case May 25th as their response to my "refusal to pay" was to send me a letter that stated, our instructions from the client are "TO COLLECT THIS DEBT"

Good for you, have your client "PAY THE JUDGEMENT" because you just took the bait hook, line and sinker.

Hand write it, fold it six times, throw in "I'll call the police on you" and put the stamp on the envelope upside down. You're presumed the least sophisicated, no reason to not play the role.

Edited by Coltfan1972
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How do I go about asking them for further verification? Can I ask for a social security number, original address when credit account was established, etc?

You can ask, but as long as they've provided the name and address of the OC and the amount of the debt, they're not required to respond to further validation requests.

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