dv follow-up letter

[Anonymous]

sent if a CA hasn't validated - they have 30 days from receipt of your letter to do so.  I 'suggest' allowing for maiing time (min 3 postal days, max of 5 calendar days).  Is it necessary to wait the 3-5 days: NO, but shows that you are allowing them their allotted time if you have to sue.  Make any 'necessary' changed and DO NOT SIGN

Company
Address 1
Address 2
City, State Zip

Date

RE: Account XXXXX-XXXX-XXXXX

Dear Sir/Madam:

I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.

As of ( DATE that THEY received your letter) You have refused to validate this debt.Therfore you are in violation of FDCPA.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.

I look forward to an uneventful resolution of this matter, as this debt was PAID in FULL (year)

I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:

• Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
• Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.
• Letter of sale or assignment from the original creditor to your company. (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. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
• Intimate knowledge of the creation of the debt by you, the collection agency.

As you are already in violation, I expect all reference to this account be deleted from my credit report, as this entry and any update of such entry will be considered another violation.

Thank You,

TYPE YOUR NAME.....DO NOT SIGN

[Anonymous]

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Lady_Scarlet wrote:

.

• Intimate knowledge of the creation of the debt by you, the collection agency.

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What does this mean exactly?

[Anonymous]

bump.

[Anonymous]

basically a thorough understanding of 'how the debt was created', it's why and wherefores.  it is a 'legal standard' to fulfill.

ANyone can say you owe - do they know how and why you owe etc.

[bamagirl1]

so is it sent to the ca or cra? i thought after no response from ca you send a letter to cra? help as you can see i'm thoroughly confused

[Anonymous]

Doing both is best - this letter puts the CA on notice that you expect them to comply and will hold them acocuntable if they don't.

After notifying the CRA and they don't delete - makes them liable also.

[Anonymous]

2 more questions about the letter-------

This part -

I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt.

Does that mean that even after the 30 day mark, if they provide with validation then the debt can remain and they can continue to collect?

And this part -

As you are already in violation, I expect all reference to this account be deleted from my credit report, as this entry and any update of such entry will be considered another violation.

Could you add in a time period......like "I expect all reference to this account to be deleted from my credit report, within 5 days, as this entry.............

[Anonymous]

Sidewinder...

YES and YES

[Anonymous]

Ok..........I think I only have 1 more question..............I sent a CA that is NOT reporting on my CR a DV. If they do not respond and don't report, then I just let it go?

[Anonymous]

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sidewinder wrote:

2 more questions about the letter-------

This part -

I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt.

Good point Sidewinder!  Could this be reworded to say "I request that all contact with me within the 30-day validation period be in writing, and only when you can provide adequate validation of this alleged debt"...I'm thinking with that verbiage they can use any stall tactics - you have 30 days PERIOD!

Perhaps another way of being concise is to make sure the CA is already reporting or not (check your CRs). 

If they are, maybe include something like "additionally, Section blah blah states that creditors that are currently reporting information pertaining to an alleged debt on CRs must list the debt as disputed and CANNOT report after the 30-day reporting period unless properly validated. THEN follow with a declaration.."Be advised, you are in violation." 

And if they are not, then "per Section blah blah, you are not legally allowed to list any information regarding this debt until the end of the 30-day validation period and only afterward if proper debt validation has occured.  Be advised, you are in violation"

Also, another something to think about including in follow-up DV ltrs is a statement about re-aging or adjusting dates.  LET THEM KNOW that you are well aware that  they have changed reporting info (particularly dates) SINCE being notified of a dispute (whether it be via CRAs or via your DV).  Be very specific..."Since your notification of my dispute of this debt, my records show that you have changed the DOFD from blah to blah.  Per Section blah blah this is a highly illegal practice.  Be advise, you are in violation."  This way when the time comes to send information to the CRAs there's no "duplicate redundancy" lol.

Does that mean that even after the 30 day mark, if they provide with validation then the debt can remain and they can continue to collect?

And this part -

As you are already in violation, I expect all reference to this account be deleted from my credit report, as this entry and any update of such entry will be considered another violation.

Could you add in a time period......like "I expect all reference to this account to be deleted from my credit report, within 5 days, as this entry.............

I like this one...I have two f/u DVs to send next week and I will add that into the letter. 

Now, my question is, when sending a 2nd DV, do you CC the CRA's at that point or just wait for the 15 days to end and just send everything to the CRAs requesting a DEL?

Sorry all, I felt compelled to elaborate as you guys have filled me up with so much knowledge and besides, the CAs will take your words and twist them all to hell, so why not make sure our letters are air tight on our end? Could only work to our advantage and MUCH to the CAs dismay!

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