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01-04-2013 03:57 PM
A wealth of great information on the forum but I'm a little confused as to DV letters. Doing a search yields many different types of DV letters. Some long, some short. some with demands for documentation, some not. You get the idea.
if anyone can point me in the direction of a DV letter that will get the job done I'd be very appreciative.
01-04-2013 04:22 PM
01-04-2013 05:25 PM
Best to keep it short... simply that you request debt verification under FDCPA 809(b).
The reason why many DV templates you see floating around the net make additional "requirements" is that section 809(b) is vague, and only stipulates that they must "obtain" verification, and pass that along to the consumer. Thus, what is and is not adequate verifcation is open to interpretation.
Most case law does not require that they provide any documentation, only that they have investigated and have reasonable basis for verification. They dont have to share the basis. However, some jurisdictions have held that debt verirication does require some form of documentation. To enforce that minority interpretation requires you to get the issue before a judge in such a jurisdiction, and obtain a ruling to that effect in your specific case.
The only additional request specifically stipulated in section 809(b) is the right to the name and address of the original creditor.
In both a dunning notice and in response to a DV, the name of the original creditor is not required... only the name of the current creditor.
You must specifically include that request in a DV if you want that info.
01-05-2013 08:05 AM
Thanks. So would something such as the following be sufficient? Is there additional data I should include/request?
To Whom It May Concern:
I am writing this letter in response to the phone call/letter received from you on (Date). In conformance to my rights under the Fair Debt Collection Practices Act (FDCPA), I am requesting you to provide me with a validation of the debt that you talked of earlier. Please note, this a not a refusal to pay, rather a statement that your claim is disputed and validation is demanded. (15 USC 1692g Sec. 809 (b))
I do hereby request that your office provide me with complete documentation to verify that I owe the said debt and have any legal obligation to pay you.
01-05-2013 09:01 AM
You could send that, I generally don't include any legaleze so to say. I just ask for verification and for the original creditor name and amount.
01-05-2013 10:22 AM
I would ditch the last paragraph, and replace with "I additionally request the name and address of the original creditor" if you are unsure of their identity.
Documentation is not a requirement of debt verification.