Author Topic: Sample DV  (Read 15793 times)

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kevinmanheim

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Sample DV
« on: August 04, 2014 01:03:44 AM »
In another thread, CleaningUp brought up some good points about a well-written DV.

Let's make this thread a work in progress, with the goal being to come up with a sample DV.

Here is a start:


Quote
To: CA or JDB

Date:

RE: Account # from their letter

1. I am in receipt of your letter dated Aug 2, 2014. Enclosed is a copy of that letter.

2.  I elect arbitration if the contract that underlies this alleged debt contains that option.

3. It is inconvenient for me to receive telephone calls at any time or to any number.  You may contact me by mail.

Me (typed, not signed)


Send it via CMRRR. Keep the green card, postal receipt and a copy of the letter.

excelsior

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Re: Sample DV
« Reply #1 on: August 04, 2014 02:15:54 AM »
I'd add, "I dispute this debt.  Please validate. Please don't call me."

I tend to not include the original correspondence (from the CA) because it gives the CA/JDB a chance to review their own work and possibly correct it. 

BellEbutton

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Re: Sample DV
« Reply #2 on: August 04, 2014 02:46:07 AM »
I'd add, "I dispute this debt.  Please validate. Please don't call me."

I tend to not include the original correspondence (from the CA) because it gives the CA/JDB a chance to review their own work and possibly correct it.

What would they correct?

excelsior

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Re: Sample DV
« Reply #3 on: August 04, 2014 02:51:01 AM »
What would they correct?
They might correct a name, account number, amount, etc.  My thought is if they verify incorrect information, it takes away their BFE defense.  I'm in no rush to help them fix anything. 

That being said, there are some times when (depending on the circumstance), it might make sense to include a copy of the original correspondence in a DV.

Anza01

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Re: Sample DV
« Reply #4 on: August 04, 2014 03:09:02 AM »
I like to use "I received a letter from your company dated DATE on DATE."

coltfan1972

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Re: Sample DV
« Reply #5 on: August 04, 2014 03:48:55 AM »
Dear CA,

I am in receipt of your letter dated XXX and received by me on XXX date.  I dispute this alleged account and alleged debt, in its entirety.  It is inconvenient for me to receive telephone calls at any time or to any number.  It is convenient to contact me by mail.

Signed,

Me

You can also add the arbitration if you like and personally I always tell them the exact phone numbers that it is inconvenient to call, but for a true DV only, I did not add the "temptation."

By the way, this is a great idea because it is one of the most common question and another site touts what is an absolute horrible DV letter that will only tip off the collector one has no clue and do more damage than good.   
LexisNexis® Legal Newsroom- 05-17-2013 | 10:11 AM --

JONESBORO, Ark. - A federal judge in Arkansas on May 15 ruled that dismissal of a consumer's lawsuit against a debt collector is not proper because although the consumer posted messages on a website "in an odious manner," valid First Amendment concerns exist (Brandon Scroggin v. Credit Bureau of Jonesboro Inc., No. 12-0128, E.D. Ark.; 2013 U.S. Dist. Lexis 69070).

Johnny good

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Re: Sample DV
« Reply #6 on: August 04, 2014 03:53:48 AM »
Kevin,

In reference to numeral 2, why not leave IF out. Without "IF" it states a more affirmative response and many older CCAs disclosed an arbitration disclosure. It's their obligation to research if it holds current. In concern to the date I use, "I received your letter on or about Date." I keep it within the 30 day window though.

coltfan1972

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Re: Sample DV
« Reply #7 on: August 04, 2014 05:03:20 AM »
In reference to numeral 2, why not leave IF out.

Not speaking for Kevin, but the way I see it, when you use the "if" you are making it clear you want private contractual arbitration and not court arbitration and/or mediation. 
LexisNexis® Legal Newsroom- 05-17-2013 | 10:11 AM --

JONESBORO, Ark. - A federal judge in Arkansas on May 15 ruled that dismissal of a consumer's lawsuit against a debt collector is not proper because although the consumer posted messages on a website "in an odious manner," valid First Amendment concerns exist (Brandon Scroggin v. Credit Bureau of Jonesboro Inc., No. 12-0128, E.D. Ark.; 2013 U.S. Dist. Lexis 69070).

fisthardcheese

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Re: Sample DV
« Reply #8 on: August 04, 2014 11:26:59 AM »
I like Kevin's letter, but you definitely need a "dispute" element in there.

Saying you dispute the debt is the most important part of any DV letter, since that is what triggers the FDCPA requirements of stopping all collections until the debt is verified.

Coltfan has a good idea to add the "received on XXXX" date if you are pushing the 30-day mark from the date of the letter, or if their letter is dated a week or more prior to you receiving it (as an example).

I would only add that I also include the USPS Certified Receipt number within the letter also in order to solidify the proof of what was sent along with the certified recipt and green card evidence.

The arbitration portion is optional.  I used to include this, but I have stopped adding it for these reasons:
1.  There is no solid case law or anything else that shows suing you after such an "election" is an FDCPA violation.
2.  It's possible it will backfire if you decide to sue the CA/JDB for federal violations (or hire an attorney to sue), they may be able to point to your election of arbitration which prevents you from suing in court.

Again, the key element in a DV letter is to dispute.

Quote
To: CA or JDB

Date: XX/XX/XXXX

USPS Certified Mail #XXXX XXXX XXXX XXXX

RE: Account # from their letter

I am in receipt of your letter dated Aug 2, 2014, which I received on XX/XX/XXXX. Enclosed is a copy of that letter.

I dispute this alleged debt in its entirety.

It is inconvenient for me to receive telephone calls at any time or to any number.  You may contact me by mail.

Me

Also, it is the majority opinion to never sign the letters, but to only type your name.  I was doing it this way until a lawyer working a case for me told me to always sign for court evidence.  So, in order to prevent a photocopy of my signature to be used on a fraudulent document, what I started doing is this:  I type a line at the bottom of the letter in very small (but readable) font that has the name of the letter and date.  (For example:  "Dispute letter for acct #XXX Sent on xx/xx/xxxx"  ... and right under that I will add "USPS Certified Number XXXXXXXXX")  Then, after I print that I will sign my name right over the top of that small print.  Kind of like water marking my signature specific to each letter I send.  This would make it very difficult to copy that signature and use it in a bogus document.
« Last Edit: August 04, 2014 11:36:11 AM by fisthardcheese »
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

Bruno the JDB Killer

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Re: Sample DV
« Reply #9 on: August 04, 2014 01:32:09 PM »
It is inconvenient for me to receive telephone calls at any time or to any number.  You may contact me by mail.

There is no provision in the statute for this. It's all or nothing. They can only contact you one more time after a CD is sent.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

fisthardcheese

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Re: Sample DV
« Reply #10 on: August 04, 2014 01:40:48 PM »
It is inconvenient for me to receive telephone calls at any time or to any number.  You may contact me by mail.

There is no provision in the statute for this. It's all or nothing. They can only contact you one more time after a CD is sent.

I disagree.  You are not asking to Cease communication under 1692c(3)(c), all you are doing is making it known that phone calls to any number, at any time are inconvenient.  You are also letting them know that communication by mail is always convenient.  This does force them to communicate in the ways which are only convenient for the consumer.
 
Quote
§ 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;

........................

(c) 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 --

Should they call you after such notification, they will be in violation because they can not say it was not known that a phone call to the number and at the time they called was inconvenient to the consumer.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

Bruno the JDB Killer

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Re: Sample DV
« Reply #11 on: August 04, 2014 02:06:01 PM »
the debt collector shall not communicate further with the consumer with respect to such debt, except

They are allowed one more call to inform you of their intentions. As for a partial cease and desist, I can't find any case law either way. My guess is that they won't call or write for fear of violating, because there is no waiver clause in the statute.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

fisthardcheese

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Re: Sample DV
« Reply #12 on: August 04, 2014 02:20:53 PM »
the debt collector shall not communicate further with the consumer with respect to such debt, except

They are allowed one more call to inform you of their intentions. As for a partial cease and desist, I can't find any case law either way. My guess is that they won't call or write for fear of violating, because there is no waiver clause in the statute.

In my experience, they do stop calling with this type of dispute letter but they will continue to send letters.

However, I should also add that depending on what is being collected, many times I will elect to allow them to continue calling and violating the TCPA.  A half dozen calls violating the "inconvenient" FDCPA clause is worth far less than the half dozen stackable TCPA violations.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

maylaur

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Re: Sample DV
« Reply #13 on: August 04, 2014 02:22:49 PM »
Quote
§ 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;


That bolded part is what allows for the use of "inconvenient to call."  If you tell them it is inconvenient to call you at home between 5pm and 7pm, they cannot call during those times.  Same holds for if you say it is inconvenient to call anywhere else, or any other time(s).

Anything I post is from my own personal experience, and might not apply to your own situation. 
I do not offer legal advice; for that, please consult a lawyer.

coltfan1972

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Re: Sample DV
« Reply #14 on: August 04, 2014 03:09:27 PM »
A C&D under 1692c(c) is what triggers them being able to contact you one more time; and in a manner that is very narrowly defined. 

1692(c)1 is totally separate and where the "inconvenient" notification comes into play. 

You can actually do a refusal to pay under 1692c(c) that triggers a c&d for all collection attempts while at the same time demanding validation and it not contradict each other. 

A consumer's written demand to the collector that it verify the debt pursuant to 1692g and cease communications effectively invoked the 1692c(c)'s cease communication remedy “[a]nd did not improperly attempt to have it both ways.”  Johnson v. Equifax Risk Mgmt. Servs., 2004 WL 540459 (S.D.N.Y. Mar 17, 2004).

In other words, you can validate while not trying to collect at the same time and comply with both provisions of the FDCPA.  Of course pulling it off is a whole other story. 
 
LexisNexis® Legal Newsroom- 05-17-2013 | 10:11 AM --

JONESBORO, Ark. - A federal judge in Arkansas on May 15 ruled that dismissal of a consumer's lawsuit against a debt collector is not proper because although the consumer posted messages on a website "in an odious manner," valid First Amendment concerns exist (Brandon Scroggin v. Credit Bureau of Jonesboro Inc., No. 12-0128, E.D. Ark.; 2013 U.S. Dist. Lexis 69070).