DV letter to creditor

[Anonymous]

Hey lady Scarlet is married to a Retired Marine!  Trust me they can be hard women, tried, tested and harden by fire through many lonely and worring months of deployment and living with known SOB's who lack the most common tack and usually don't play many games! 

It has been my experience, as a Retired Marine who spent almost his entire career as an Infantryman and is known to use such colorful language (that it has made a SGTMAJ cover his ears) to get his point across that he is not happy, that my Dear wife can make me look like a soft pansy who would not hurt the smallest of insects.....Only she does it with so much respect, dignity and diplomacy that it is unfathomable to me! 

[Anonymous]

tpgusmc - you have described my hubby to a T!  When he is tired of dealing with some 'idiot' - he turns them over to me.... it usually goes "I think I will let my wife handle this - you can deal with her"

and we learned to do it with "respect, dignity, and diplomacy" because we had to navigate the USMC - and dealing with jarheads (even though married to one) - can be an exercise in extreme patience.  I probably had it easier than most - no one wants the LTC-COL-BG-MG's wife going home and telling her husband how awful it was just to get a base permit for her car or that the turkey in housing said another week before quarters are ready (and he told you another week last week!)....

We went down to Eith&I when DH was recalled in Jan 2002 to get POAs,etc -- and a LCPL was giving him grief -- that stopped with a phone call to the Commandant's office (DH's to-be Aide & Gunny were there pronto)....

Sorry to temporarily thread-jack.

Message Edited by Lady_Scarlet on 02-09-2008 04:24 PM

[modernsurrender]

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braznyc wrote:
Yes LadyScarlet really is, I always stand at attention when she chimes in, because you know it's bulletproof!

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LOL, I can't even tell you how many of her posts/letters I have bookmarked at the moment for quick future reference when I need them.

[Anonymous]

OK,

I sent my DV letter from the one I got on this forum on 2/11/2008.  I have not heard anything from the Collection Agency.  No standard denial leter, anything.  I have written EXP and spoken with them on the phone.  They have told me that a DV letter has nothing to do with them.  They have informed my to send one to the Collection Agency.  I did.  Nothing.

This has been going on for well over a year.  What is my next course of action?

Thanks everyone.

TU 677

EXP 674

EQ 662

[Anonymous]

Need to get out the door (I DO need to earn a living - LOL)  Make only necessary changes (like the PAID line)...

Company
Address 1
Address 2
City, State Zip

Date

RE: Account XXXXX-XXXX-XXXXX

Dear Sir/Madam:

I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.

As of ( DATE that THEY received your letter) You have refused to validate this debt.Therfore you are in violation of FDCPA.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.

I look forward to an uneventful resolution of this matter, as this debt was PAID in FULL (year)

I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:

• Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
• Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.
• Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
• Intimate knowledge of the creation of the debt by you, the collection agency.

As you are already in violation, I expect all reference to this account be deleted from my credit report, as this entry and any update of such entry will be considered another violation.

Thank You,

TYPE YOUR NAME.....DO NOT SIGN

Message Edited by Lady_Scarlet on 03-29-2008 11:34 AM

[Anonymous]

Help!

I have sent my letters as suggested.  First a warning, then a second warning based on the letters attached in this thread.  I have file a complaint with the FTC and STILL can not get any response from the collection agency.

What is my last resort?

I am continually getting disregarded.  How do I follow up with the FTC?  Any attorneys out there who wants to write a letter?

Help.

Thanks.

[Anonymous]

This is getting interesting...

What do they do next?

[Anonymous]

"I look forward to an uneventful resolution of this matter, as this debt was PAID in FULL (year)"

what can you replace this with if you are disputing the account altogether...as not yours?
make any difference if it is beyond the SOL?

[Anonymous]

@Anonymous I am doing some research on debt collection and would love to get your input. Would you be open to an interview? 

[bass_playr]

Unfortunately, this is a very old thread.  Also, just about every single item in Lady Scarlet's letter is not required for validation of a debt.  

Time has shown this.  The standard for validation is so low you couldn't even trip over it.  If you send that letter to a debt collector today, they are likely to simply ignore it because they know they don't have to provide those things.  

Also, it is not legally supported to request communication in writing only.  The law allows you to inform them that they are to stop all communication with you, but there is no such thing as a partial cease and desist within the law.  Of course, you can always make the request, but that does not mean they have to follow it.

Lady Scarlet has not been on this forum in literally ten years now.  Sorry to say, I don't think you will find her.