Author Topic: Sample DV  (Read 14994 times)

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cgoodwin

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Re: Sample DV
« Reply #15 on: August 04, 2014 04:28:08 PM »
Partial or limited cease and desist is a coined phrase, like mini-miranda.  It is not a legal term, it is a reference to the "inconvenient" clause referred to.

The partial or limited C&D is not associated with the "Full C&D" of 1692c(c) where you cut off all communications with them.  The legislature decided to restrict them from communicating when it is inconvenient, why not use it?
If you think this is legal advise.......
ask yourself why I wasn't smart enough to avoid this myself?!?

kevinmanheim

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Re: Sample DV
« Reply #16 on: August 04, 2014 04:31:13 PM »
The legislature decided to restrict them from communicating when it is inconvenient, why not use it?
+1


coltfan1972

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Re: Sample DV
« Reply #17 on: August 04, 2014 04:35:52 PM »
The same board that says you can't do a limited C&D is the same board that proudly touts the four page DV letter, that has gotten pretty much everybody that has used it in trouble and/or sued in record time, because it paints the consumer using it as an easy mark. 
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).

carnegie_IB

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Re: Sample DV
« Reply #18 on: August 07, 2014 01:41:11 PM »
To: CA or JDB

Date:

RE: Alleged Account # from their letter

1. I am in receipt of your letter dated Aug 2, 2014 received Aug 20, 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)

Alleged, because it is not confirmed that the account is valid. 

Adding received because sometimes they mess with the dates and mailing times.

 

HeadsUp

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Re: Sample DV
« Reply #19 on: August 07, 2014 10:38:47 PM »

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

 

I'm taking from this that it is not good to put in "cease and desist communication by phone"?

And also I noticed everyone is now phrasing it "to any number."

I usually phrase it:  "It is inconvenient for me to receive phone calls from you at any time and at any location."  Is "to any number" better?

I also always put the "dispute" in there.  As in:  "I dispute the validity of the alleged debt."

And also, I never sign it, but then I just fax it over to them.  It is instantaneous and I have proof I sent the fax over to them because I use the Google HelloFax extension.  I don't waste a stamp on it.
Finally a collector admits it...

"The reality is that there are people who can't pay and the job of an agency in my opinion is to separate those who can and those who cant and to not waste resources and efforts on those who cant." -- Dr. Evil.

All this nonsense about aggressive judgment enforcement against someone with no assets is just that-- utter nonsense.

http://www.debtorboards.com/index.php?topic=13309.msg100303#msg100303

chester474

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Re: Sample DV
« Reply #20 on: August 08, 2014 08:13:28 PM »
I keep it simple.

"Send me a validation of the debt you are attempting to collect from me. Do not telephone me at home or work and stop sending me letters - except for the validation I am requesting."

I see no need to send them any other information.

It's their fault if they can't find me in their system by my name and address alone.

If they contact me again - other than to send me a validation - I sue for a violation of the FDCPA.

BellEbutton

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Re: Sample DV
« Reply #21 on: August 08, 2014 08:25:23 PM »

If they contact me again - other than to send me a validation - I sue for a violation of the FDCPA.

If a debt is still in the SOL, by telling them not to contact at all except to send validation, after sending validation, their next contact with you might be a lawsuit for the debt.

arnanda

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Re: Sample DV
« Reply #22 on: August 09, 2014 12:26:42 AM »
In the "letters" section of the forum, we discussed this topic:

First DV letter--what do you think?
http://www.debtorboards.com/index.php/topic,20724.0.html

Cease-and-desist letter sample
http://www.debtorboards.com/index.php/topic,20273.0.html
TUN - 811/850 (07-07-2015). EQU - 811/850 (07-07-2015). EXP - 8111/850 (07-10-2015).
Abbreviations 1st Thread
Abbreviations 2nd Thread
Smurfy's Ease of Use

fisthardcheese

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Re: Sample DV
« Reply #23 on: February 25, 2015 01:41:10 PM »
I would like to suggest to admin that this thread may be useful as a "sticky" in the Letters forum.

There have been many new members coming here lately that would likely benefit from learning a good "DV letter", or UNlearning an awful DV letter they may have found on another credit website.
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)

coltfan1972

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Re: Sample DV
« Reply #24 on: February 25, 2015 02:14:43 PM »
or UNlearning an awful DV letter they may have found on another credit website.

 :drinking:
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).

montag

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Re: Sample DV
« Reply #25 on: February 25, 2015 02:47:29 PM »
My favorite (i.e. the one I use most often):

This debt is not familiar to me. [Depending on the amount] If you can supply documented evidence that this debt is mine, I will gladly pay it, otherwise there is to be no further communication on this matter. OR I will contact you by e-mail to arrange a payment plan.

I have only heard from one after that letter.

CleaningUp

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Re: Sample DV
« Reply #26 on: February 26, 2015 12:33:34 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:



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




It is important, if not essential, to use the  phrase  "dispute the debt" in whatever you send.

Why?  Because it is the "dispute" that triggers some of the rights to which you are entitled under the statute.  If you don't invoke them, you are not entitled to them.

As to Bruno's contention that the "inconvenient to call" restriction is not available in the statute, I must say "hogwash".

The statute clearly states that collector shall not call when it is known to be or that they have reason to believe that the call will be inconvenient.

If that specific section is not part-and-parcel of the FDCPA as written, then NOTHING in the statute means anything.  Remember, Bruno, that each and every word of a statute has meaning and has meaning equal to each and other word therein.

Sorry, my friend, you know that all to well...which makes your statement of the "hogwash" somewhat generous.  :D

coltfan1972

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Re: Sample DV
« Reply #27 on: February 26, 2015 01:33:34 AM »
Heard some folks talking about Hogs, so of course I need to see what it is all about. 

I agree 100% with CU, and would only add to it that one might want to say, "I dispute the 'alleged' debt."  However, the word dispute is the key trigger word and the rest is six of one, half a dozen of the other.
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).

TomNTex

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Re: Sample DV
« Reply #28 on: February 26, 2015 07:58:24 AM »
Yes, you can put that calls are inconvenient, but not so, that it covers 24 hours a day. That in effect takes away the creditors right to contact you. I agree with Bruno that you can out that in and they may or may not honor it. On the other hand to do so is also making it a full C&D. There is no partial C&D. Just as you can not limit them, they must have a time that they can call, otherwise they would never get to collect. And not all of them have your mailing address to write you. I had this explained to me by an attorney years ago!

TomNTex

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Re: Sample DV
« Reply #29 on: February 26, 2015 08:39:23 AM »
This from the Federal CFPB website:

[Your name]
[Your return address] [Date]



[Debt collector name] [Debt collector Address]
Re: [Account number for the debt, if you have it]



Dear [Debt collector name]:

I am responding to your contact about collecting a debt. You contacted me by [phone/mail], on [date] and identified the debt as [any information they gave you about the debt].

You can contact me about this debt, but only in the way I say below. Don’t contact me about this debt in other way, or at any other place or time. It is inconvenient to me to be contacted except as I authorize below.

You can only contact me at:

[Mailing address if you want to get mail]
[Phone number and convenient times if you want to be contacted by phone]

[If correct, include the following] My employer prohibits me from receiving communications like this at work.

Thank you for your cooperation. Sincerely,


[Your name]