Jump to content

Validation letter


noagenda
 Share

Recommended Posts

I read the section on sending a debt validation letter to the CA (NCO). I followed everything to the letter and sent if certified. I just received my response from them today.

 

They stated the received my inquiry and request for validation and enclosed the materials they received from the creditor that corresponds to my acct. 

 

The only thing they enclose were 2 copies of the credit card statement from 2010. Should I be expecting more, I know the sample validation letter asked for much more. does this mean they don't have anything?

 

Any further insight or guidance is appreciated.

 

thanks!

Link to comment
Share on other sites

One of the most disappointing things that was brought over with the move to the new board was the sample validation letter.  That one letter has caused more confusion, needless worry, tipping of the hand a consumer is not informed, possible frivilous threats or intent to sue letters based on a collectors response and posts only second to Midland posts on what do I do now. 

 

Noagenda,

 

They more than validated.  They most likely had a good laugh at your letter and if the bird cage liner in the office was empty that letter was used, if not, it probably went into the emergency toilet paper supply. 

 

Have no idea why such a great site with great information allows that letter to taint the reputation.  Anybody that has read a collectors message board knows that letter is one of the most laughed about things on their message board, and I can't blame them. 

Link to comment
Share on other sites

What they said............ can we lose the letter?

 

There are however some variances, one letter does not cover every aspect of validation in every situation, it depends on your goals, do you want calls to stop, etc?

 

Although simply saying "I dispute the alleged debt and request validation" covers most of the bases.

 

Maybe a flow chart

 

Received Dunning Letter > send response within 30 days CMMR > TCPA issues include abc > debt SOL include def > D you want calls to stop inlcude  ghi >

Link to comment
Share on other sites

Thanks for the (little late) advice.

 

No I don't dispute the debt...but when I read the steps outlined in this site I went ahead and knocked out the letter as it was an easy thing to do and had a possibility to alter my situation (or so I thought).

 

Anyways on to negoitions with the CA for a reduced settlement.

  • Like 1
Link to comment
Share on other sites

Thanks for the (little late) advice.

 

I'm sorry, please direct us to your post or posts where you asked for help prior to this post.   We are pretty good around here, in fact the best, but if we don't have an alarm that goes off when somebody in America is getting ready to tie a rope around their neck and hang themselves when dealing with a collector.  

 

And if you want to settle with a collector because they sent you two statement from 2010 then there is nothing we can do anyway.  However, I suggest you come to this site BEFORE you finalize your agreement, in writing, and ask about the agreement.   Or you will find the advice a little late again. 

Link to comment
Share on other sites

Debt Validation Request

Your Name
Your Address

Their Name
Their Address

Account number


Date


Dear debt collector,

This letter is in response to your letter dated 12/11/2012.

I dispute this alleged "Business name" account in its entirety

 

.

As per the FDCPA 1692g, I am requesting validation of the alleged debt.
All phone calls are inconvenient, so all communications will need to be by us mail only.




Best Regards,

Your name

Link to comment
Share on other sites

 i say we don't even need to send a dv letter it is a waste of time. And the requirments for them to comply accounts for nothing more than paper for the bird tray,,,,,

 

I will say this, and I will yell so ya'll hear me

 

THE FDCPA IS STRICT LIABILITY LAW AND AT NO TIME DO YOU EVER GIVE UP YOUR RIGHTS TO CHALLENGE A DEBT COLLECTOR, UNDER ITS PROVISIONS, IN  COURT OF LAW.

 

Stop wasting time with it.

 

If you want to argue with them do it where it matter and can hurt them the most, in a court of law.

  • Like 1
Link to comment
Share on other sites

i say we don't even need to send a dv letter it is a waste of time.

 

What???

What do you get in response?

If you do not dv you do not give up any right to sue under the fdcpa.

You sit down and draft a nice letter, after spending some time on the board to learn what you need to do and how you should do it and what do you get?  two or three cc receipts, or some other lame excuse from the ca why they think you owe them,,it takes nill for them to comply,

Link to comment
Share on other sites

What do you get in response?

If you do not dv you do not give up any right to sue under the fdcpa.

You sit down and draft a nice letter, after spending some time on the board to learn what you need to do and how you should do it and what do you get?  two or three cc receipts, or some other lame excuse from the ca why they think you owe them,,it takes nill for them to comply,

 

Continued collection efforts without validating is what some FDCPA claims are based upon.  Some of those collection efforts are letters while others are phone calls.  ALSO, if the CA/JDB has not reported on your CR before receiving a DV, but does begin reporting after receiving your DV and does not report the debt as disputed, you have a violation.

 

You're correct when you say you don't have to DV to preserve your rights under the FDCPA, but it's a very simple process that could result in violations.

  • Like 1
Link to comment
Share on other sites

Debt Validation Request

Your Name

Your Address

Their Name

Their Address

Account number

Date

Dear debt collector,

This letter is in response to your letter dated 12/11/2012.

I dispute this alleged "Business name" account in its entirety

 

.

As per the FDCPA 1692g, I am requesting validation of the alleged debt.

All phone calls are inconvenient, so all communications will need to be by us mail only.

Best Regards,

Your name

 

 

The only thing about this letter that I have a problem with is that you can't cherry pick the method of communication, though, it's all or nothing.  

 

And which letter are we talking about?  I will happily strike anything you guys think is bad.  I would be happy to place something else in it's place.  

Link to comment
Share on other sites

Not only that ........... some DV letters I've sent out result in an apology from the CA and all further collection efforts are ceased.

 

I've also had collection efforts cease with a simple DV letters on occasion (no apology though!). For the cost of an envelope and a stamp, I'd say it's worth trying.

Link to comment
Share on other sites

The only thing about this letter that I have a problem with is that you can't cherry pick the method of communication, though, it's all or nothing.  

 

And which letter are we talking about?  I will happily strike anything you guys think is bad.  I would be happy to place something else in it's place.  

 

I'm not convinced of that.  Although the law does not give you a mandated means other than all or nothing, I still do not see it precluding the offer to communicate anyway by a specific means.  But the law does not require collectors to continue communicating.  Some may well stop all communications as their safe harbor.  If you put it in writing "no communication except by letter", then sue them anyway for communicating by letter, I think if they show that to a judge, the judge is going to dismiss your complaint against them and sanction you (or let them do so).  The question is then whether or not that would happen if their communication is by phone when you invoked the "cease communication" and then offered a willingness to communicate in the form of a letter.  I'm less sure about this case, but I still feel most judges would see it for what it is.  It will depend on how clever their arguments are.

 

And there is the means to tell them what TIMES are inconvenient for phone calls, which does not prohibit saying "24 hours a day is inconvenient" [1].  Why not use that?  And if it makes no sense by some reasoning to say "at all times" then why not state a time range?  The law does not say you have to allow for any portion of time, not even make it reasonable.  How about "all calls are inconvenient from 2 AM to 1:59 AM" (hint: no CA is staffed then unless they are committing violations en masse ... or thousands have invoked this).

 

Also, what about a person who is hearing or speaking disabled, but has a landline phone anyway for the use by others, or a smartphone cell phone for SMS texting and data apps?  Aren't all phone calls inconvenient?  (aside from the issues of a collector texting his efforts, etc).

 

 

[1] I suggest anyone wanting to do that express it as "phone calls are inconvenient at all times" or by some means saying "time".

Link to comment
Share on other sites

Anyone have any ideas what letter we should be posting?  I'm all ears. 

 

Still not convinced that the law allows for method of communication.  The law specifically says that you can write a letter to cease communication, but I guess you could bend the reasoning to say if they know it's inconvenient by phone.  Here's the whole statute:  

 

 

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

(a) COMMUNICATION WITH THE CONSUMER GENERALLY.  Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;

(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or

(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

(B) COMMUNICATION WITH THIRD PARTIES.  Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

© 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.

Link to comment
Share on other sites

I've used the all calls are inconvienent in DV letters (but no longer) and I am of the opinion that the response is going to vary by collector, I can see where some will consider it a C&D, others might cease calls and send a response by mail but really why C&D the phone calls to begin with?

 

Unless you are setting up a TCPA violation and revoke authorization to call your cell phone.

 

In looking at the statute again I think maybe a person might want to include a statement that all calls to their place of employment are prohibited.

 

Maybe if you want to restrict calls set it up for a short window, Calls between 5 and 9 PM are convienent  all other times are inconveinet due to (pick one)

 

Sending a validation letter has little to do with validating the debt and more about allowing the collector more rope to hang themselves.

 

And yes I think I have 3 apology letters now from collectors, and 8 that came in the form of a check

 

ALWAYS ALWAYS SEND A DV

 

Hey where is the spellcheck?

Link to comment
Share on other sites

In my opinion, the FDCPA is very clear. Consumers can limit phone calls that may be inconvient to them without invoking a full cease and desist. I have simply put in a line saying something like "due to my irregular work/school schedule, calls at any time or place are inconvient and request all contact be made by mail". Remember, you only have to make the debt collector aware that the calls are inconvient, you do not have to justify it to them.

Link to comment
Share on other sites

I dislike the calls where they ask you the same thing and you tell them the same thing like (I detest broken records)..................if I had the funds I'd have been able to pay the OC. I don't anymore, you are not the OC, and this is not likly to ever change how many times must I tell you?

 

Therefore after the 1st or 2nd call any call is inconvienent, unless they have something to offer in way of a total settlement of the debt and delete TL.

 

Not that I will will be able to afford to take it.    :hmmmmm:

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.