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How Air Tight is this DV Letter?

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ChemGuy
Frequent Contributor

How Air Tight is this DV Letter?

I am about to fire off this DV to the Attorney representing a CA in conjunction with this claim.  I want to run it by the MYFICO gurus before commencing.  Gosh I hope they don't immediately go to file suit!  I am more than willing to pay them IF they agree to NOT list this item on my CBR (they are not currently).  Should I postpone sending this myself and consult with an attorney / consumer advocate first?  I sent them a DV on January 7th, but it was really weak and was not sent CMRRR so I want to rectify that before they try something fishy!!!

Sent Certified Mail—Return Receipt Requested

Certified Mail No XXXX XXXX XXXX XXXX XXXX

My Name

Address

Date

Re: (Attorney File No.)

To Whom It May Concern:

On January 3, 2008 I received a letter indicating that this office represents [debt collector] in connection with a claim in the amount of $1796.01.  I have also recently been contacted by [another debt collector] in conjunction with this alleged debt and they have failed to provide validation of a $1796.01 debt owed to themselves or [original debt collector]. 

 

Pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809, upon dispute of this debt or any part thereof, I may request to have the debt in its entirety validated.  Be advised that this is not a refusal to pay but a notice that the 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 and ALL media that support the claim I have any legal obligation to pay you or your client.

Please provide me with the following:

  • Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509.
  • Agreement that bears the signature of the alleged debtor wherein the debtor agreed to pay the original creditor.
  • All media relevant to the sale or assignment from the original creditor to your company (your client), and agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome.  Additionally, explain how amount claimed was calculated, including any interest added to the debt.
  • Copies of account records provided to you by the original creditor.

I look forward to resolving this matter amicably with you and your client.  Again, this debt validation request should not be construed as refusal to pay, but a desire to resolve the claim and establish validated records to the claim.

I am requesting that all future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

Kind Regards,

My Name

(of course I would not place my signature Smiley Wink)



Message Edited by ChemGuy on 01-27-2008 08:39 PM
Message 1 of 2
1 REPLY 1
Anonymous
Not applicable

Re: How Air Tight is this DV Letter?

per the FTC opinion letters - if a CA has filed suit and you DV they can't do a darn thing until they validate - everything has to come to a grinding halt.  Filing suit is considered collection activity so if you DV and they file suit as a response (without validating first) then they are in violation.
 
Lawsuits are collection activty per the FTC.
Message 2 of 2
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