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Letter DV

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Anonymous
Not applicable

Letter DV

I have a collection on my TU & EX for $25.00 for a loan that I paid in full about 2 years ago.  I dont know where this $25.00 is coming from.  So i called the CA to see why i have theses charges they say said its from a loan that i took out and that i still owe fees.  I told them that I paid in full.  I ask them to tell me the account number and the amount of the loan i took out for and they couldnt verify neither one of them.  Well i dont have any proof anymore showing that i paid the original balance in full because i throw out the paperwork when i was doing my cleaning cuz i didnt think it was going to be reporting to my credit report.  I have the money to pay it but by reading over the forums since i register I feel I should send out a DV or PFD letter?  Or should i dispute it online? If i do decide to do a DV is this the standard letter to use?

Please make any corrections if I am wrong. So i know not to send the wrong  letter.

Your Name

ADDRESS

COLLECTION NAME

ADDRESS

OLLECTION ACCOUNT#

 To whom it may concern:

I pulled my credit bureau report, and I discovered that you claim I owe you a debt. Under § 809 of FDCPA, send me validation of this debt.

FDCPA requires  (collection name) to send me an initial written notice containing these five things:

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by he debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

My name

Any corrections would be greatly appreciated!!

 

 


Message Edited by haulingthescoreup on 02-20-2008 04:14 PM
Message 1 of 11
10 REPLIES 10
haulingthescoreup
Moderator Emerita

Re: Letter DV

Hi, Kodobe, I hope you don't mind, but I changed the font on your post. It was so tiny that it became illegible.

I'm also moving it to General Credit Issues, where you should get some responses. Good luck!
* Credit is a wonderful servant, but a terrible master. * Who's the boss --you or your credit?
FICO's: EQ 781 - TU 793 - EX 779 (from PSECU) - Done credit hunting; having fun with credit gardening. - EQ 590 on 5/14/2007
Message 2 of 11
Anonymous
Not applicable

Re: Letter DV

Thanks
Message 3 of 11
Junejer
Moderator Emeritus

Re: Letter DV

Kodobe, that is a good DV letter, but I like this one better. It asks for full media validation (really makes the CA work hard).

CERTIFIED MAIL #: _______________________________________________________
Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
I pulled my credit bureau report, and I discovered that you claim I owe you a debt. Be advised that this is 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 FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.

All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:

• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State

Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.

If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.

I am also stating, in writing, that no telephone contact be made by your offices. 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, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name

Send it CMRRR and do not sign your name-only type it.






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Message 4 of 11
Chanduwar
Frequent Contributor

Re: Letter DV

What if you sign the letter? Chanduwar
Message 5 of 11
fused
Moderator Emeritus

Re: Letter DV



Chanduwar wrote:
What if you sign the letter? Chanduwar

I agree with ByrdMan, never sign your name. CAs are known to scan siggys.
Message 6 of 11
Anonymous
Not applicable

Re: Letter DV

CERTIFIED MAIL #: _______________________________________________________
Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
I pulled my credit bureau report, and I discovered that you claim I owe you a debt. Be advised that this is 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 FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.

All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:

• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State

Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.

If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.

I am also stating, in writing, that no telephone contact be made by your offices. 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, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name
 
So the ones that i underline is where i put the collection company's name?
Message 7 of 11
Anonymous
Not applicable

Re: Letter DV

Yes and be sure to not leave out the original creditor's info.
Message 8 of 11
Anonymous
Not applicable

Re: Letter DV

I thought if you dont provide the original creditor information and account number it would make the collection company harder to validate the debt?
Message 9 of 11
Rese
New Contributor

Re: Letter DV

Will this letter also make them delete the account off of the credit reports? If they don't respond and do it is there a way for us to prove this?
Message 10 of 11
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