Help with first DV letter?

[lmfields]

Hi Everyone,

   My husband and I have a few collections and medical bills we are hoping to get removed from our CR's... I have been reading the forums and doing research and I see the first step is to write a DV letter to them.  I have modified a simple one I found and wanted any feedback on do's and dont's, maybe a success story/sample letter?  Thanks for your help!

My name, address and phone

COLLECTION COMPANY NAME AND ADDRESS 

Re: Acct # xxxxxxxx

To Whom It May Concern:

I am sending this letter with a Certified Mail, XXXX XXXX XXXX XXXX XXXX, to ensure that you properly receive this letter.

I pulled my credit reports, and I discovered that you claim that I owe you a debt.  Under § 809 of FDCPA, you are herby notified of my request to send me complete validation of this debt, including:

• name and address of the original creditor,

• current balance owed,

• calculations of how you arrived at the current balance including any interest, penalties and fees.

Under § 809(b) of FDCPA you must immediately stop all collection efforts, including, but not limited to reporting to the Credit Reporting Agencies until I have received full proof of the validity of this debt.  Please return this request, in writing, within 30 days to avoid further action.

With Regards,

 Me

what do you think?

[llecs]

You can send it and I've sent similar. Legally it's partly incorrect. They don't have to send an accounting under the FDCPA, but you can ask for it; some will provide it. They can also still report. If already on there then your 30 days to send a DV have probably already passed. I've sent most of my DVs after the 30 and most responded. Finally, under the FDCPA they have an unlimited time to respond assuming your DV was sent on time.

[RobertEG]

While not expressly stated in section 809(b) as a part of debt validation, the courts have consistently held that a consumer is entitled to an itemization of the asserted debt, as it is the only way they can evaluate whether the amounts being asserted are authorized under the provisions of section 808(1), which makes it a violation for a debt collector to attempt to collect any amount that is either not specifically authorized in the accounr agreement that created the debt, or otherwise permitted by law.

It's not statutory, but is an enititlement under the law.

Leave out any reference to setting any peirod for their response.

If it is untimely, I would recommend that you still send it.  However, if they choose to ignore it, they can simply continue business as usual.