@Anonymous wrote:Thanks, that was helpful! Do you know of any sample DV letters? I would like to sound as professional and cut-throat as possible. From my experience with this CA in the few phone calls I've made, they are either very uninformed or trying very hard to take advantage of unwitting consumers... I want them to know I mean business. I hope I have the same luck you did! If I DV and they don't respond and I have it removed until they validate... Am i taking a risk that it will show back up on my report in 2 years when they randomly remember to validate? Not likely, but you never know.
Nothing says the CA has to validate within any specific time. It could be 1 day or 10 years BUT they can't contact you, report on you or make any other collection activities until they do validate. Also if you DV and they don't reply and then sell the account to another CA and they try to collect or report on you, it's a violation against the 1st CA as well.
I basically searched CIC, here and CB and took a little from each one and made my own letter. BTW I made the form part of the letter myself
Here's exactly what I sent the last time. Like I said some may think this is a waste but it worked FOR ME last time:
Palisades Collection LLC
210 Sylvan Avenue
Englewood Cliffs, NJ 07632
July 16, 2007
Re: Collection Account #: xxxxxxxxxxxxxxxxx
To Whom It May Concern:
This letter is being sent to you in response to an entry made on my TransUnion credit report dated July 16, 2007. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 1: ) USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
Under the Fair Debt Collections Practices Act, I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt. This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section of the Fair Debt Collection Practices Act.
You should also be aware that reporting inaccurate and unsubstantiated information to a credit reporting agency might constitute fraud under federal law. Additionally, you should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. Your legal staff will agree that compliance with this request is required under the laws of Pennsylvania and federal statutes.
In addition to the debt validation form below, please attach copies of:
1. Agreement with your client that grants you the authority to collect on this alleged
debt, or proof of acquisition by purchase or assignment.
2. Agreement that bears the signature of the alleged debtor wherein he or she agreed to
pay the creditor.
I require compliance with the terms and conditions of this letter within 30 days or a complete withdrawal, in writing, of any claim. In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate county, state and federal authorities as well as the Better Business Bureau for violations of the FDCPA, FCRA, and federal and state statutes on fraudulent extortion.
I also hereby reserve my right to take private civil action against you to recover damages.
Sincerely,
bamf70
Debt Validation Form
1. Name of the original creditor: ____________________
2. Original creditor account number: ____________________
3. Date you acquired this debt: ____________________
4, Balance of original account: ____________________
5 Detailed explanation of how you have calculated the amount of the debt being
claimed as currently due ($xxxx) if this amount is different from the original balance
reported by the original creditor: ________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
6. Have any insurance claims been made by any creditor or assignee regarding this
account? (Circle one only) YES / NO
7. Has the purported balanced of this account been used in any tax deduction claim?
(Circle one only) YES / NO
8 . This debt was: (Circle one only) Assigned / Purchased
9. If Purchased from whom: ____________________
I certify that Palisades Collection LLC has obtained all information for this verification from the original creditor as required by the Fair Debt Collection Practices Act, 1: ) USC 1692g Sec. 809 (b).
_________________________________________ ____________ _________
Authorized signature for Palisades Collection LLC Signee’s Title Date
Please return this signed completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts.
Message Edited by bamf70 on 08-04-2007 09:41 PM
Message Edited by bamf70 on 08-04-2007 09:44 PM