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Not exactly a second DV request but this is what I have been sending:
Collector XXX
123 Hell's gate
RE: Collector XXX, LLC ACCT # Non-existent account 1234***
To Whom It Might Concern,
This letter is in response to your reporting to the [insert names] Credit Bureau(s) concerning the collection of the above referenced Collector XXX, LLC ACCT # Non-existent account 1234***.
I do not believe I owe what you say I owe and I disputed this alleged account with my letter dated [Insert date of first DV here] (USPS Certified Mail # 1111 2222 3333 4444 5555) - I requested validation of this alleged account and you have not responded within the prescribed 30 days from receipt of my request.
This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, delete immediately this account from Credit report files, and stop contacting me regarding this or any other matter except to advise me that your account collection efforts are being terminated or that you or the alleged creditor are taking specific actions allowed by the FDCPA, by the FCRA or by my state laws.
Please note that in TWILA BOATLEY, Plaintiff v. DIEM CORPORATION, No. CIV 03-0762, UNITED STATES Court for the District of ARIZONA, 2004, the courts ruled that reporting a collection account is indeed considered collection activity.
Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act, or activities not in accordance with the Fair Credit Reporting Act, to be a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.
Regards,
Please note that the second DV letter is not exactly necessary per FDCPA and FCRA.
In fact, the only one that matters is the 1st - if you check FTC Staff opinion http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm it clearly states:
""Is it permissible under the FDCPA for a debt collector to report, or continue to report, a consumer's charged-off debt to a consumer reporting agency after the debt collector has received, but not responded to, a consumer's written dispute during the 30-day validation period detailed in § 1692g?" As you know, Section 1692g(b) requires the debt collector to cease collection of the debt at issue if a written dispute is received within the 30-day validation period until verification is obtained. Because we believe that reporting a charged-off debt to a consumer reporting agency, particularly at this stage of the collection process, constitutes "collection activity" on the part of the collector, our answer to your question is No. Although the FDCPA is unclear on this point, we believe the reality is that debt collectors use the reporting mechanism as a tool to persuade consumers to pay, just like dunning letters and telephone calls."
This is the FTC and the opinion goes back to 1997 and has not been amended in any way.
I sent out PFD letters on yesterday.
by reading these threads, i believe i put the cart before the horse. should i have sent the DV letters first? is it too late to send them now?
thanks,