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Regular Contributor
kims
Posts: 212
Registered: ‎06-30-2007
0

Re: New here and I have a question

Here is the 2nd DV letter I have written to send.  What do y'all think..is there anything I should add or remove?
 
 

Dear Sirs,

 

On May 8, 2007, in response to your letter dated April 10, 2007, I sent your company a letter requesting debt validation in writing.  I have yet to receive any written response from your company.  Instead, on June 5, 2007 a gentleman by the name of Marvin Jackson ~ a debt collector for your company began calling; leaving messages for me to call him back ASAP.  Mr. Jackson called my apartment complex leasing office and left a message stating that he had received my letter and needed to speak with me.  He called my former employer, xxxxxxxx and left the same message and then he proceeded to contact my current employer, xxxxxxxxxxxx  All of the messages that were left acknowledged receipt of my letter requesting debt validation dated May 8, 2007.

 

Please reference the following:

 

THE FAIR DEBT COLLECTION PRACTICES ACT

 

§ 809.  Validation of debts  

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(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 the 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.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

 

On June 6, 2007 my wife, Kimberly xxxxxx, phoned Mr. Marvin Jackson back at the number he left.  Mr. Marvin Jackson informed my wife that we had no other recourse but to pay the debt.  A debt that I don’t know as to this date is valid. I have not accepted any phone calls from Mr. Marvin Jackson nor have I returned any of the calls.  We continue to receive 2-3 calls each week at our home and several messages have been left with my employer.

I am requesting for a second time a debt validation in writing.  Your repeated collection efforts constitutes a violation under FDCPA §809(b).

 

 

911 Operators....America's Lifeline!
Senior Contributor
Noah_Bodie
Posts: 4,635
Registered: ‎03-11-2007
0

Re: New here and I have a question

Remove the names of current and former employers. Don't help 'em out or clue 'em in as to which is a current and which is a former employer.
 
"He called both my current and former employers and left the same message."
 
Remove the specific FDCPA language. Citing the FDCPA is fine.
 
"Your repeated collection efforts constitutes a violation under FDCPA §809(b)."
 
Listing the text of the law itself starts to sound like a form letter they will ignore. CAs have a limited analytical ability. They scan the letter, see statutes, and assume you're cutting and pasting. But, they see a specific reference to a specific violation, like 809(b), and they might think uh-oh, they know their rights.
 
Regular Contributor
kims
Posts: 212
Registered: ‎06-30-2007
0

Re: New here and I have a question

Made the adjustments you suggested.  I'll be mailing this letter out tomorrow CMRRR.
I can't begin to thank you enough for your help!!
 
I'm so excited I've found this forum!!
 
~kim
911 Operators....America's Lifeline!
Regular Contributor
kims
Posts: 212
Registered: ‎06-30-2007
0

Re: New here and I have a question

OK..I've read thru the DV thread at the top of the forum but I'm not finding the info I want.  I'm not sure it's even out there. 
 
What can I expect as validation?  Can anyone give me examples of what CA have sent you as validation of a debt?  I know that there is nothing written in stone as to what constitutes "validation" but I would like to know what I should expect.
 
~Thanks~
911 Operators....America's Lifeline!
Established Contributor
so_confused
Posts: 630
Registered: ‎06-20-2007
0

Re: New here and I have a question

Generally they won't validate...Because the records are not usually availible...That is not always the case.
9/18/08 TU=707 EQ=706 EX=702
Senior Contributor
Noah_Bodie
Posts: 4,635
Registered: ‎03-11-2007
0

Re: New here and I have a question



kims wrote:
What can I expect as validation?  Can anyone give me examples of what CA have sent you as validation of a debt?  I know that there is nothing written in stone as to what constitutes "validation" but I would like to know what I should expect.


You can expect darned near anything. A lot of people have received simply a printout from the CA's files showing the debtors name, a dollar amount, and the name of the OC. Some get their signature on a loan app or CC app. It varies, a lot.
 
What constitutes adequate validation under law can vary from one Federal Circuit to another, and perhaps even from one Federal District to another, depending upon the decisions about what is adequate validation in that District or Circuit.
 
If it's a legit collection, a savy CA would send a copy of the debtors signature on a loan app and payment history showing when it went delinquent. Paperwork is cheap and easy, so sending it on would show the debtor they owe it and to start working on payment arrangements or PFD. But most don't provide a lot.
 
Some know they don't have any standing to collect, so they just cease and go away. Others not so much.
 
It's all over the map. But, based on the response you get, you decide what to do next.
 

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