Zerokewl

Is my DV letter too much?

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Got a dunning? / intent to sue letter from a "Debt Collecting Law Firm" (Winn Law Group?)  I'm about to send out this Validation letter. Is it too much? (I added parts of sample letters that I found through my research, then changed & added wording here and there. Full credit to the original writers of the parts I implemented.)

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Me

DCLF

Date:  Thursday, January 11, 2018          CRRR#____________

To Whom It May Concern:

This letter is being sent to you in response to a letter I received on 01/11/2018 that was dated 01/04/2018. [Copy enclosed]. This is the first letter I have received from your company. As such, please note that this is not a refusal to pay, but rather a statement that your claim is disputed and validation is demanded. (Pursuant to the Fair Debt Collection Practices Act, & the Rosenthal Fair Debt Collection Practices Act)

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Titles. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

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 I will seek counsel for legal action against you for but not limited to the following:

· Violation of the Fair Credit Reporting Act

· Violation of the Rosenthal Fair Debt Collection Practices 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 calendar days to investigate this information. During this 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 but is not limited to, any listing of or information that is otherwise submitted to any of the 3 Major Credit Bureaus that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 calendar days from the date of your receipt, a complete withdrawal, in writing, of any claim & all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request sent to the 3 major Credit Bureaus  shall be sent to me immediately.

In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities, the BBB and State Bar associations for violations of the FDCPA, FCRA, RFDCPA, and Federal and State statutes including but not limited to fraudulent extortion.

I am also requesting now, in writing, that no telephone contact be made by your offices or any other third party you may be affiliated with to any phone number your company or any of your company’s affiliates believe I may be associated with including but not limited to, my home phone, my place of employment, my cell phone, my spouse, my friends or anyone that could be considered family whether immediate or extended. If your offices attempt telephone communication with me directly, or via any of the entities previously mentioned, it will be considered harassment and I will seek damages. All future communication with me MUST be done in writing and sent to the address noted in this letter.

Lastly, I also hereby reserve my right to take private civil action against you to recover damages.

Best Regards,

Me

My address

Please send all correspondence to the above address

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ALLEGED CREDITOR/DEBT COLLECTOR DECLARATION

Please provide all of the following information and submit the appropriate forms and paperwork within 30 calendar days from the date of your receipt of this demand for validation. (For the matter of this declaration, Me hereinafter shall be referred to as “Alleged Debtor”, DCLF hereinafter shall be referred to as “Debt Collector”, and That One Bank hereinafter shall be referred to as “Alleged Creditor”)

Name and Address of Alleged Creditor:______________________________________________________

Name on File of Alleged Debtor: _____________________________________________________________

Alleged Account #: _____________________________________________________________

Address on File for Alleged Debtor: ____________________________________________________________

Amount of alleged debt: _____________________________________________________________

Date that this alleged debt became payable: _____________________________________________________

Date of original charge off or delinquency:___________________________________________________

Was this debt assigned to debt collector or purchased? ____________________________________________

Amount paid if debt was purchased: ___________________________________________________________

Commission for debt collector if collection efforts are successful: ____________________________________

Please indicated any credit bureaus to which you have reported on this account:

Experian ______
Equifax ______
TransUnion _____

Please attach the following documents: 

1.  A copy of the agreement with Alleged Creditor that grants Debt Collector the authority to collect this alleged debt.

2. A copy of the signed agreement Alleged Debtor has made with Debt Collector, or other verifiable proof that Alleged Debtor has a contractual obligation to pay Debt Collector.

3. A copy of the agreement that bears the signature of Alleged Debtor, stating that Alleged Debtor has agreed to assume the debt.

4. A complete itemization of all charges (i.e., principal, fees, interest) on the alleged account.

5. Proof that the Statute of Limitations has not expired.

6. Complete payment history on this alleged account along with an accounting of all additional charges being assessed.

7. Proof that Debt Collector is licensed to collect in the state where Alleged Debtor resides.

8. The license numbers and Registered Agent of Debt Collector.

Have any insurance claims been made by any creditor regarding this account? YES NO
Have any judgments been obtained by any creditor regarding this account? YES NO
Please provide the name and address of the Bonding Agent for Debt Collector, in case legal action becomes necessary: _____________________________________________________________
____________________________
Authorized Signature For Alleged Creditor/Debt Collector
______________________________
Date

NOTE: You must return this completed form along with copies of all requested information, documents, assignments or other transfer agreements, which would establish your right to collect this alleged debt within 30 calendar days from the date of your receipt of this letter. Your claim cannot and WILL NOT be considered if any portion of this form is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act & the Rosenthal Fair Debt Collection Practices Act. Please allow 30 calendar days for processing after I receive this information back.

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Please comment! I want to send this out in the next 3 hrs.

Thanks for reading!

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@Zerokewl

Where did you get that letter?   Debt collectors are not required to provide a copy of an agreement, proof of a license, itemization, etc. and they know it.

Read the information in the following thread.  It includes court rulings.

https://www.creditinfocenter.com/community/topic/328187-fdcpa-debt-validation-myths/

 

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WAY TOOOOOOOOOOOOOOOOOOOOO MUCH!!!!!!!!!!!!!!!!

I cannot remember offhand what is required on the part of the collector for a DV in accordance with the FDCPA and Rosenthal Acts but the bar is very low and certainly not what you put in your letter.

The best thing here is to follow the KISS principle. The collector should know what the law is and what their requirements are already so you do not have to tell them. Something like this;

"Dear collector,

I dispute this debt and demand validation.

Alleged Debtor"

Nothing more is required. Just make sure to send it CMRRR green card method so that you have proof that they received it. If they reply, you can ask us if the reply meets the legal standards (and will most likely do so).

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1 minute ago, Zerokewl said:

I thought it might be too much. I'll shorten it and post later tonight. want to make sure it's done right.

The best letter is "I dispute the referenced debt and demand validation."

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2 hours ago, Goody_Ouchless said:

Calling Clyde's Mom!!!!

LOL.  Let me get my superhero cape.  

In the interest of making it unanimous:  NO.  WAY WAY too much.  

DO NOT cut and paste letters from the internet.  The majority are filled with errors.  All sending that letter will do is tell the Winn Group what you don't know.  You do not want to reveal any weaknesses to them.

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On 1/11/2018 at 11:08 AM, Clydesmom said:

LOL.  Let me get my superhero cape.  

In the interest of making it unanimous:  NO.  WAY WAY too much.  

DO NOT cut and paste letters from the internet.  The majority are filled with errors.  All sending that letter will do is tell the Winn Group what you don't know.  You do not want to reveal any weaknesses to them.

lol

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Sorry All i got carried away with RFDCPA Article 2.3 #4 :lol:

How's this one?

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Me

DCLF

Date:  Thursday, January 11, 2018          CRRR#____________

To Whom It May Concern:

In response to a letter I received on 01/11/2018 that was dated 01/04/2018. [Copy enclosed]. I dispute the debt in the letter, and demand validation.

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1 hour ago, Zerokewl said:

lol

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Sorry All i got carried away with RFDCPA Article 2.3 #4 :lol:

How's this one?

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

Me

DCLF

Date:  Thursday, January 11, 2018          CRRR#____________

To Whom It May Concern:

In response to a letter I received on 01/11/2018 that was dated 01/04/2018. [Copy enclosed]. I dispute the debt in the letter, and demand validation.

Much better.

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