Author Topic: Sample DV  (Read 7575 times)

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oldntired

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Re: Sample DV
« Reply #75 on: May 08, 2015 11:45:13 PM »
Well the letter I sent went like this

This letter is sent in response to your letter dated x/xx/2015 that I received on x/xx/2015.

I dispute this alleged debt in its entirety.

I am requesting that you provide validation of this debt.

It is inconvenient for me to received telephone calls at any time, at any number  Please keep all correspondence in writing.

If there is an election clause in the alleged contract, I elect arbitration.


Sincerely,

dead beat debtor who is tired of CC companies skirting the laws/breaking the laws



Now since the debt is already outside the SOL and if they sue me then since I am in California, they may end up paying the price


TomNTex

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Re: Sample DV
« Reply #76 on: May 09, 2015 12:43:39 AM »
That's correct, you are past SOL and in a veiled way you have issued a full C&D, maybe they will catch on and maybe not. It's like saying I refuse to pay this debt and nothing more.

cgoodwin

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Re: Sample DV
« Reply #77 on: May 15, 2015 01:53:17 PM »
I see no veiled "full C&D".  There is a dispute, but there is no refusal to pay in the letter.

They will either honor the "all call inconvenient", or they will not, but there is no C&D spelled out in the letter.

That being said, it can cause them to sue sooner, which is fine also, that is where you utilize the arbitration method.  It gets the issue resolved sooner rather than later, and if you play your cards right, with an OC, it can remove the trade line faster than the 7.5 year wait.
If you think this is legal advise.......
ask yourself why I wasn't smart enough to avoid this myself?!?

Bruno the JDB Killer

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Re: Sample DV
« Reply #78 on: May 15, 2015 02:09:49 PM »
I think he did it correctly. You can't tell somebody to validate, then tell them they can't contact you. People have actually done that and tried to sue when validation arrived. If this is out of SOL they'll probably drop it, since validation could be construed as collection of a time barred debt.

Also, be advised the Rosenthal Act does not address debt validation, they left that out.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Jking57

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Re: Sample DV
« Reply #79 on: September 28, 2016 04:31:42 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.
I've had this bookmarked since coming here last Fall, and realizing that it's been over a year since the last reply, I have to concur with the above by fist and say this is still a very relative topic and wish to put up my own DV for the record, hope it helps anyone who needs it; It's a blend of a few of the notables here.
« Last Edit: September 28, 2016 05:04:36 PM by Jking57 »

CleaningUp

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Re: Sample DV
« Reply #80 on: September 28, 2016 04:35:57 PM »
That looks suspiciously like the one that I have been recommending for years...Short, to the point; covering all of the bases required to invoke one's FDCPA rights.

It's also nice to see that the CFPB has been reading Debtorboards and lifting our material.

Jking57

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Re: Sample DV
« Reply #81 on: September 28, 2016 04:45:10 PM »
That looks suspiciously like the one that I have been recommending for years...Short, to the point; covering all of the bases required to invoke one's FDCPA rights.

It's also nice to see that the CFPB has been reading Debtorboards and lifting our material.
Thanks CU  :drinking:, your version(s) have been very influential to me among a few here. I reread this thread last night and not sure how I missed it but I very much think your attaching the correspondence is critical for maintaining a proper paper trail.

I actually have this and a Cert Mail slip pre-filled out and in an envelope ready to go in case for example, I'm on way out or coming home checking mail etc.
« Last Edit: September 28, 2016 06:06:17 PM by Jking57 »