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.
Forums posts are not provided or commissioned by FICO. Forums posts have not been reviewed, approved or otherwise endorsed by FICO. It is not FICO's responsibility to ensure all posts and/or questions are answered.Advertiser Disclosure: The listings that appear on myFICO are from companies from which myFICO receives compensation, which may impact how and where products appear on myFICO (including, for example, the order in which they appear). myFICO does not review or include all companies or all available products.
* For complete information, see the terms and conditions on the credit card issuer’s website. Once you click apply for this card, you will be directed to the issuer’s website where you may review the terms and conditions of the card before applying. While myFICO always strives to present the most accurate information, we show a summary to help you choose a product, not the full legal terms - and before applying you should understand the full terms of products as stated by the issuer itself.
IMPORTANT INFORMATION: All FICO® Score products made available on myFICO.com include a FICO® Score 8, along with additional FICO® Score versions. Your lender or insurer may use a different FICO® Score than the versions you receive from myFICO, or another type of credit score altogether. Learn more
FICO, myFICO, Score Watch, The score lenders use, and The Score That Matters are trademarks or registered trademarks of Fair Isaac Corporation. Equifax Credit Report is a trademark of Equifax, Inc. and its affiliated companies. Many factors affect your FICO Score and the interest rates you may receive. Fair Isaac is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. Fair Isaac does not provide "credit repair" services or advice or assistance regarding "rebuilding" or "improving" your credit record, credit history or credit rating. FTC's website on credit.