Reply
Valued Member
shoppingsenior
Posts: 30
Registered: ‎06-06-2007
0

DV Sample Letter

Here is a sample DV letter:

 

Your Name
Your Address
Your Phone #

Collection Agency
Collection Agency Address

Date

Re: Acct#

To whom it may concern:

Please note that that this is not a refusal to pay off the account, but a notice sent as per the Fair Debt Collection practices Act, 15 USC 1692g Sec. 809 (b). The notice states that your claim is disputed and validation of the account is required.

This notice is not a request for verification of the account or proof of my mailing address, but a request for validation made pursuant to the FDCPA laws. I humbly request that your agency/office sends me valid proof that I am legally obligated to pay you.

Please provide me with the below mentioned things:
* The amount you claim I owe you
* Explain and show me how you have computed the amount
* Send me the copies of any documents that prove I agreed to pay the alleged amount
* Identify the original creditor
* Confirm that the account has not crossed the SOL period
* Prove that you're a licensed debt collector
* Show me your license numbers and registered agent.


I would like to inform you that in case your agency has reported invalidated account information to any of the 3 main Credit Bureau's such as TransUnion, Equifax, Experian, then it will be regarded as a fraudulent action under both the federal and state laws. Due to this reason, if any negative item is reported to any of my credit reports by your agency or the agency that you represent, then I will be compelled to take legal steps against you for the below mentioned reasons:
* Violation of the FCRA
* Violation of the FDCPA
* Defamation of character

If your agency can provide me with the requested documents, I will need minimum 30 days to investigate this information, and during this period of time, all collection activities must be stopped.

I would like to further inform you that if any action is taken (during the validation period) which could be regarded as detrimental to any of my credit reports, then I will seek advice from my attorney for lawsuit. This includes listing any information on a credit report that could be incorrect or invalidated, or confirming an account as correct when in fact there is no provided proof that it is.

If your agency/company fails to respond to this debt validation request within a period of 30 days from the date of your receipt, then the account information must be completely deleted from my credit report, and a copy of such deletion request should be sent to me at once.

I would also like to request, in writing, that no calls should be made by your agency or company at my residence or work place. If your agency attempts to make unlimited or computer generated calls to me or any third parties, then it will be considered harassment, and I will have no option but to file lawsuit. All future communications with me should be done in writing and sent to the address mentioned in this letter.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Sincerely,
Your Signature 
Your Name      
Mega Contributor
RobertEG
Posts: 17,793
Registered: ‎03-19-2007
0

Re: DV Sample 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.

Valued Member
shoppingsenior
Posts: 30
Registered: ‎06-06-2007
0

Re: DV Sample Letter

Thank you!! I appreciate your input.

Regular Contributor
XxRaVeNxX
Posts: 201
Registered: ‎08-19-2012
0

Re: DV Sample Letter

[ Edited ]

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,

 

Chase Southwest $5000 - November 2012 Wal Mart $1000 - November 2012 NFCU Visa $5,000 - Sept 2012 NFCU NavCheck $3,000 - October 2012 Amazon $900 - Aug 2012 Kay's Jewlery $2700 - Aug 2012 Buckle $250 (Shopping cart trick) - October 2012 Roaman's $250 (Shopping cart trick) - October 2012 Capital One Secured $225 - April 2012 Capital One Platinum $2500 - July 2012
Valued Contributor
rckstrscott
Posts: 2,660
Registered: ‎04-25-2011
0

Re: DV Sample Letter


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

 

 

 

Starting FICO Score: 10/10: TU 498 | EQ: 502 Current FICO Score(lender pull): 09/14: TU: 784 | EQ: 752 | EX: 784
Collections Removed: Hunter Warfield, CBE Group, Merchants Credit Guide, EOS-CCA, Enhanced Recovery, Portfolio Recovery, UCB, American Collection Company, Medical Business Bureau, Jefferson Capital, Credit Portfolio Associates, FCO, LVNV, Convergent, Armor Systems
Other Negative Entries Removed:Plains Commerce CO, HSBC CO, 2008 Judgment Santander Reposession


Positive Accounts:10/10: 0 | 07/12: 6 | Mortgage Closed 5/12, Macy's AMEX $13900, Citi/Home Depot $8500, Capital One Cash Rewards $3500, BOA $7500 Total Utilization: 3%. AAoA: 2yr, 9mth. INQS: 1 TU, 1 EQ, 3 EX
Regular Contributor
XxRaVeNxX
Posts: 201
Registered: ‎08-19-2012
0

Re: DV Sample Letter

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...

Chase Southwest $5000 - November 2012 Wal Mart $1000 - November 2012 NFCU Visa $5,000 - Sept 2012 NFCU NavCheck $3,000 - October 2012 Amazon $900 - Aug 2012 Kay's Jewlery $2700 - Aug 2012 Buckle $250 (Shopping cart trick) - October 2012 Roaman's $250 (Shopping cart trick) - October 2012 Capital One Secured $225 - April 2012 Capital One Platinum $2500 - July 2012
Valued Contributor
rckstrscott
Posts: 2,660
Registered: ‎04-25-2011
0

Re: DV Sample Letter


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

Starting FICO Score: 10/10: TU 498 | EQ: 502 Current FICO Score(lender pull): 09/14: TU: 784 | EQ: 752 | EX: 784
Collections Removed: Hunter Warfield, CBE Group, Merchants Credit Guide, EOS-CCA, Enhanced Recovery, Portfolio Recovery, UCB, American Collection Company, Medical Business Bureau, Jefferson Capital, Credit Portfolio Associates, FCO, LVNV, Convergent, Armor Systems
Other Negative Entries Removed:Plains Commerce CO, HSBC CO, 2008 Judgment Santander Reposession


Positive Accounts:10/10: 0 | 07/12: 6 | Mortgage Closed 5/12, Macy's AMEX $13900, Citi/Home Depot $8500, Capital One Cash Rewards $3500, BOA $7500 Total Utilization: 3%. AAoA: 2yr, 9mth. INQS: 1 TU, 1 EQ, 3 EX

myFICO is the consumer division of FICO. Since its introduction 20 years ago, the FICO® Score has become a global standard for measuring credit risk in the banking, mortgage, credit card, auto and retail industries. 90 of the top 100 largest U.S. financial institutions use the FICO Score to make consumer credit decisions.

>> About myFICO
FICO Score - The Score that matters
Click to Verify - This site chose VeriSign SSL for secure e-commerce and confidential communications.
Fair Isaac Corporation is a BBB Accredited Financial Service in San Rafael, CA
FOLLOW US Social Media Facebook Twitter Pinterest Google+
}