Topic: First DV letter--what do you think?

[melati]

I cribbed it from a sample, but edited it. I wonder if I covered all the bases.

April 30, 2012

Your Name
123 Your Street Address
Your City, ST 01234

ABC Collections
123 NotOnYourLife Ave


Date

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is in response to a trade line your agency has reported on my current Equifax, TransUnion and Experian credit reports. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

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

Please provide me with the following:


What the amount you state that I owe is for;
Explain how calculated the amount I allegedly owe;
Provide me with copies of any papers that show I agreed to pay the debt in question; 
Identify the original creditor;
Prove the Statute of Limitations has not expired on this account
Verify that you are licensed to collect in my state
Provide me with your license numbers and Registered Agent

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 or the company that you represent I will consider my legal options under:

Violation of the Fair Credit Reporting 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 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, I ask you to cease all action which could be detrimental to any of my credit reports. This includes any listing of information to a credit reporting repository that may be inaccurate or invalidated or verifying an account as accurate without competent proof.

If your office fails to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I also request that you not contact me by phone either at home or on my cellular number. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment. All future communications with me should be done in writing and sent to the address noted in this letter by USPS.

This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

Your Signature
Your Name

[CleaningUp]

Absolutely rotten.  I shows that you can cut and paste from the internet, not that you know your rights.  In fact, it shows that you DON'T know  your rights.

Read the FDCPA and see what you are legally entitled to demand.

Hint:  Not much.


The simpler the better.  How about:

    I dispute this alleged debt.
    Please validate.
    All calls are inconvenient.
    I elect arbitration if offered in the underlying contract.


This sort of letter gives the message that you are serious and you know what you are doing. You are under no obligation to tell them what your strategy is.

[innocentme]

Absolutely rotten.  I shows that you can cut and paste from the internet, not that you know your rights.  In fact, it shows that you DON'T know  your rights.

Read the FDCPA and see what you are legally entitled to demand.

Hint:  Not much.


The simpler the better.  How about:

    I dispute this alleged debt.
    Please validate.
    All calls are inconvenient.
    I elect arbitration if offered in the underlying contract.


This sort of letter gives the message that you are serious and you know what you are doing. You are under no obligation to tell them what your strategy is.

+1

I hate the other letter.  Years ago I sent it to creditors, and they just laugh in their response. 

I use one similar to your example now, and it covers all the basis that I can think of and lets them figure out how to respond. 

[Just Plain Bill]

I agree with CleaningUp, keep it simple.

[arnanda]

We discussed it on this thread, too:

http://www.debtorboards.com/index.php?topic=20273.0

[chester474]

I send my no contact letters and verification requests to all the addresses I can find for the debt collector and hope their low-level employees are not educated in the Fair Debt Collection Practices Act of 1977 (FDCPA) send me another dunning letter violating the FDCPA.

When this happens I sue and I always settle.

I believe Certified First Class United States Mail Return Receipt Requested is a waste of money.

I use Certificates of Mailing the U. S. Post Office sells for only $1.15.

They are proof you sent "something" to the listed address on the date shown.

If the debt collector wants to spend money litigating exactly what you sent it - let it.

I have kept a copy and that's highly credible.

Also, a Judge will not be very happy listening to the debt collector's denial that I enclosed in the envelope what I claim I did should it come to that.

Judges like to think they decide important questions and will consider the debt collector's denial they got my no contact letter and verification request a waste of their valuable time and not look favorably on the debt collector - who after all is in the business of collecting debts and should know what to do - follow the FDCPA.

I never get to a courtroom and don't want to and don't have to.

If I actually get to a courtroom I haven't used all the tools available to me.

[jimmyjam74]

I send my no contact letters and verification requests to all the addresses I can find for the debt collector and hope their low-level employees are not educated in the Fair Debt Collection Practices Act of 1977 (FDCPA) send me another dunning letter violating the FDCPA.

When this happens I sue and I always settle.

I believe Certified First Class United States Mail Return Receipt Requested is a waste of money.

I use Certificates of Mailing the U. S. Post Office sells for only $1.15.

They are proof you sent "something" to the listed address on the date shown.

If the debt collector wants to spend money litigating exactly what you sent it - let it.

I have kept a copy and that's highly credible.

Also, a Judge will not be very happy listening to the debt collector's denial that I enclosed in the envelope what I claim I did should it come to that.

Judges like to think they decide important questions and will consider the debt collector's denial they got my no contact letter and verification request a waste of their valuable time and not look favorably on the debt collector - who after all is in the business of collecting debts and should know what to do - follow the FDCPA.

I never get to a courtroom and don't want to and don't have to.

If I actually get to a courtroom I haven't used all the tools available to me.

 
This right here is AWESOME!

[chester474]

I agree with cleaningup - keep the request for validation simple.

When and if the validation comes I shoot back a letter stating it's not sufficient - no harm in that either - I'm just expressing my opinion.

No need to discuss your intentions, motives or strategy - they are irrelevant.

I never threaten anything I am not prepared to do because if I don't do it I lose credibility.

I write and re-write and triple check everything I write for grammar, typos and other errors and never get emotional.

The is in the details.

I go to "zip code + 4" and get the 9-digit Zip Code of my addressee in the hope they notice that I am obsessive about things and will be a relentless adversary. My goal is to make them want to get my file off their desk.

[debtfree2b]

If you did like your own letter despite any of the other feedback, the biggest issue I see with it is that you opened stating that they've made a tradeline on your credit reports but farther down you repeatedly talk about if they reported something derogatory (wouldn't you already know that?).  I would almost imagine this was a letter you were writing after reviewing a copy of your CR not responding to a letter you received in the mail.

Here is a copy of a letter I did after seeing a lot of the feedback others had given to people. I did an even shorter one then add a bit back in and the couple of areas bolded are items that you want to ensure are in whatever you write.

Date:
FROM:
TO:

Alleged Original Creditor:
Account #:
File #:
Alleged Balance Due: $

To whom it may concern,

I am writing in response to a letter I received from you on [date].At this time, I request a validation of this alleged debt referenced above.

Please provide me with evidence that I have a legal obligation to pay you and a complete itemized accounting of the alleged amount due. Please also include copies of any and all applicable contracts for said account as well as contract(s) between you and [original Creditor]. I request this verification pursuant to my rights under federal debt collection laws.

Please provide such verification by US mail, using the above address. I also request that all contact and correspondence be in writing via US mail and not contact me by phone as all phone calls are inconvenient.

Please note that if there is an underlying arbitration clause associated with this claim, I hereby exercise it, and waive your litigation rights to this claim, per the underlying arbitration clause.

I also request that upon receipt of any said documents, allow 30 days to review documents at which time, a response will be issued.

Sincerely,

My name

[arnanda]

@debtfree2b: That letter is a little long, and some items aren't completely accurate.

-----------
Date:
FROM:
TO:

Alleged Original Creditor:
Account #:
File #:
Alleged Balance Due: $

To whom it may concern,

I am writing in response to a letter I received from you on [date].At this time, I request a validation of this alleged debt referenced above.

Please provide me with evidence that I have a legal obligation to pay you and a complete itemized accounting of the alleged amount due. Please also include copies of any and all applicable contracts for said account as well as contract(s) between you and [original Creditor]. I request this verification pursuant to my rights under federal debt collection laws.  (The CA already knows that, so it's a little pointless to put that in there.  Also keep in mind in the FDCPA they don't have to provide a contract, but just proof of the debt from the original creditor.)

Please provide such verification by US mail, using the above address. I also request that all contact and correspondence be in writing via US mail and not contact me by phone as all phone calls are inconvenient for me or any third party.

Please note that if there is an underlying arbitration clause associated with this claim, I hereby exercise it, and waive your litigation rights to this claim, per the underlying arbitration clause.

I also request that upon receipt of any said documents, allow 30 days to review documents at which time, a response will be issued.  (Unless consumer is in Texas, they don't have to issues a response in 30 days.  They are required to stop collection efforts until they can provide you with the VOD).

Sincerely,

My name

[debtfree2b]

Thanks for the feedback! Greatly appreciate it.

I also request that upon receipt of any said documents, allow 30 days to review documents at which time, a response will be issued.

This was actually meant to allow "me" 30 days to respond back to them once any documents are sent to me, not that they need to respond within 30 days.

Appreciate the feedback on the contract verbiage. I have chosen to include that as I have had a couple of instances where I cannot identify by their initial letter whether they are a JDB or a CA. I'd like to know their relationship and what right they have to collect the money.

[CleaningUp]

Still an awful letter. Tells any knowledgeable reader that you don't have a clue as to what the FDCPA requires.

Keep it simple.

   I dispute.
   Please validate.
   All calls are inconvenient.
   If there is an arbitration clause in the alleged contract, I elect arbitration


Says all that needs to be said, and invokes all of the protection to which you are entitled.

All the rest of is just seems that you are trying to prove to yourself that you know te law...but, it doesn't accomplish the task.

[cbarnett97]

Still an awful letter. Tells any knowledgeable reader that you don't have a clue as to what the FDCPA requires.

Keep it simple.

   I dispute.
   Please validate.
   All calls are inconvenient.
   If there is an arbitration clause in the alleged contract, I elect arbitration


Says all that needs to be said, and invokes all of the protection to which you are entitled.

All the rest of is just seems that you are trying to prove to yourself that you know te law...but, it doesn't accomplish the task.

+1
The only difference between this and what I put is I add bullet points to "class" the letter up a bit

[jas67]

Here is the one I sent:

DATE

Attorney Name
Address
City, State Zip

Re.:Case #XX CVF XXX
ATTORNEY vs. YOUR NAME
Alleged Original Creditor: NAME OF OC
Alleged Balance Due: $XXXX.XX


To Whom It May Concern:

In reference to the above information:

*I dispute this information.

*Please validate all information with the case noted from the alleged original creditor with original contracts, documents and/or statements.
   
*All calls are inconvenient to cell or home phone numbers.
   
*If there is an arbitration clause in the alleged original contract, I elect arbitration.

Best Regards,
YOUR NAME (DO NOT SIGN IT)

[CleaningUp]

This is fine.  But to make sure that I have the dots connected if the time comes that I need it, I phrase add an opening paragraph and a CM reference thusly:

This letter is in response to your correspondence dated <date> which I received on <date received> regarding the above matter.  A copy of that correspondence is attached.

{At bottom of letter}

Sent via Certified Mail <Certified Mail Number>

This accomplishes a number of things for factual use later. 

  1) The date of their correspondence

  2) By enclosing a copy, the excuse of not knowing to what the letter is referring is removed.

  3) By enclosing a copy, their correspondence is part of YOUR record for factual use later.

  4) By noting the date received, the date for the start of the FDCPA clock for response is set.

  5) By noting the certified mail tracking number in the response letter, one ties the green card proof of receipt to the DV letter.  Again, for factual use later.



Looking ahead to how documents an correspondence can be used as evidence and taking simple steps to connect the pieces