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Here is a sample DV letter:
That's a version of the many DV letters floating around the net that go far, far beyond what is required for adequate debt verification under the statute.
Nothing in the statute requires the debt collector to prove the legitimacy of the debt, or provide documentation.
They are required to obtain verification of the debt from the creditor, and pass that finding on to the consumer.
Their are, admittedly, some courts that have read into the statute requirements for proof, but those courts are in the vast minority, and you would have to get your requirements for such proof ordered by such a court before it would become the required interpretation of the statute that the debt collector would be required to comply with.
I recommend a siimple.... verification of the debt is requested under FDCPA 809(b), and if you additionally want the name of the OC, an additional statement to that effect.
Lecturing on the law does not, in my opinion, have place in a DV request. Should they provide what the statute requires, and you demand more, then it is time to find a court to impose your additional verification requirements.
Thank you!! I appreciate your input.
Unnecessary verbiage...here's mine, and the phone calls stop, and nothing is put on my credit report..
Re: Account Number XXXXX
Dear Collection Manager:
I dispute your claims in their entirety and request validation pursuant to the FDCPA.
I demand you cease all communications with me. Under the Fair Debt Collection Practices Act you are not allowed to contact me again until I receive verification of the validity of this debt.
Sincerely,
@XxRaVeNxX wrote:Unnecessary verbiage...here's mine, and the phone calls stop, and nothing is put on my credit report..
Re: Account Number XXXXX
Dear Collection Manager:
I dispute your claims in their entirety and request validation pursuant to the FDCPA.
I demand you cease all communications with me. Under the Fair Debt Collection Practices Act you are not allowed to contact me again until I receive verification of the validity of this debt.
Sincerely,
this is also not accurate..
Under the FDCPA, they are only required to cease communications if the DV is timely. A timely DV is in repsonse to a dunning, or if a dunning was never sent, any DV is timely... but if a debt collector sent a dunning and you ignored it, missed it, ect ect, your DV would not be timely, and there would be no cease collection envoked..
Also; when you state DISPUTE in your DV, the CA can perceive this as a dispute, and can and will place a dispute on your file with the CRA, which can pose problems down then line...
-scott
It's understood, it was timely when I stated nothing is put on my report. So there's nothing to dispute.
Also, they aren't required to stop the phone calls..but they did...
@XxRaVeNxX wrote:It's understood, it was timely when I stated nothing is put on my report. So there's nothing to dispute.
Also, they aren't required to stop the phone calls..but they did...
Well, just stating nothing was on your report didn't indicate timeliness one way or another.. CAs can send a dunning, actually SHOULD send a dunning, prior to reporting, so its more than possible in this scenerio a dunning was sent, not responded to, and not reporting.. Which is why I started what I did..
I am glad the letter is working for you; so keep up with it. I was merely stating your results aren't nessicarily in line with the FDCPA and cease collection statute requirments.
-scott