Is this a good DV letter or not?

[browneyes]

[LimpDisc]

I found a sample letter online and changed a few things to make it shorter. The letter you listed is thorough, but it's very long. Maybe it's supposed to be long. I just sent this letter on Friday.

Your Name
Your Address
Your Phone #


Collector's Name
Collector's Address
Date

Dear Collection Manager,
Re: Account Number__________*

As per the FDCPA, I have the right to request a validation of this debt. I request you to prove that I am indeed the party who is by contract obligated to pay off this debt.

I hope you are aware of the fact that reporting any invalidated information to major credit bureaus may constitute defamation of character, as negative listing on credit report does not allow me to enjoy the benefits of good credit. In addition, you must also be aware that until you validate this debt, you can neither continue collection activities nor report this information on my credit report. I'm sure your legal staff will agree that non-compliance with this request is likely to put your company in serious legal trouble with the Federal Trade Commission (FTC) and other state/federal agencies.

Please attach copies of the following documents:
Agreement with your client that authorizes you to collect on this alleged debt.
Agreement that bears signature of the alleged debtor wherein he promises to pay the creditor.
Complete payment history on this account so as to prove that the debt amount you wish to collect is correct.
With regards,

Your Signature
Your Name

[StartingOver08]

Keep your letter short and to the point - LimpDisc has it right, shorter is a little better. Treehugger and BigBoy both have good DV letters they have posted. Seach for them under the collections forum. The only thing the DV really is suppose to do is to make sure the collector has the right debtor. The rest of the information is important (balances etc), but not considered part of the DV requirements. That information comes under 'discovery'. Of course, we use the DV process to buy time.

[HHM]

The shorter letter is better.

What you have to realize, the only information the collection agency needs to give you to comply with validation is the name of the original creditor and the amount claimed to be owed.

So all this crap in the sample letter is wasted ink

•Explain and show me how you calculated what you say I owe;
•Provide me with copies of any papers that show I agreed to pay what you say I owe;
•Provide a verification or copy of any judgment if applicable;
•Prove the Statute of Limitations has not expired on this account
•Show me that you are licensed to collect in my state
•Provide me with your license numbers and Registered Agent

[catleg]

Look, there are two kinds of people. There are people who actually sue to enforce their FDCPA "rights". And there are the rest of us. Since I don't see myself as a professional debtor and hope to return to a normal life when this crisis is over, I see myself in the latter category.

Furthermore, the "validation" requirement of the FDCPA is perhaps its weakest point. In other words 99% of people really owe the money, and the validation requirement is basically a joke (OC name and address, last balance) but the CA's can get in big trouble when they go after the wrong people. Which is very likely after a skip trace. So it does make them stop for a moment and think. Because there are legal consequences to them if they "proceed beyond this point".

Maybe 90% of people DON'T come back at them with a request for validation, the ones that do have to be taken seriously.

So all the posturing and bluster is wasted on whoever opens the mail at these places, someone with (probably) a third grade reading comprehension level. They are going to look at the letter and see words like "dispute" "FDCPA" and put it in a different pile. Essentially the "return to OC" pile, in most cases. In other words , most CA's respect the request for debt validation. The one's who don't are the real pirates and nothing's going to stop them.

Keep it short and sweet.

Dear Creditor.

Re: File No xxx

This letter is in response to you notification send 10/1/2009.

Pursuant to the Fair Debt Collection Practices Act 15 USC 1692(g) your claim is disputed and validation is requested.

Signed,
Dan the Deadbeat

You may also throw in the statement that "it is inconvenient for me to be contacted by telephone at any hour". All further contact should be sent to me by mail in writing. Technically that is the "limited C&D" which has no legal standing but has worked well for me.

[browneyes]

Thanks for your responses. It did seem awfully long. It took me a lot of searching to find some sample letters that have been posted. I wonder if there could be a sticky post of just DV letters?

I will craft a short, simple, and to the point one this weekend. It's a lawyer sending me this (Schiff), I haven't DV'd anyone until this point. I have retained a lawyer but I figured this would buy me more time.

Thanks.

[BigJohn]

I am a pencil pusher type guy that loves to audit things. What I notice is there is a tendency by some companies to over exagerate at times on billing, especially in the inerest area.

I have found some bills that went to collections (in the hands of collectors) only to find after the audit that the original creditor had made errors in their math and instead of I owing them, they owed me.

[optimistic1]

I like to just copy their own pre printed statement about , "if you dispute the validity of this debt we will obtain verification...blahblahblah

I simply ask them to provide me with verification or a copy of the judgement, under such and such federal and state law.

[treehugger1]

Opt, I like that idea. Simply say, "In response to your statement, blahblah####, please send me the information."

[optimistic1]

Yeah, I let them define what verification really is.

[rrj]

collection agency
address

name
acct number

You claim I owe you a debt. In accordance with FDCPA, send me validation of this debt.

sign

is this too short, I belive most companies know what they have to do for the validation right?

[HHM]

collection agency
address

name
acct number

You claim I owe you a debt. In accordance with FDCPA, send me validation of this debt.

sign

is this too short, I belive most companies know what they have to do for the validation right?

LOL. that works.

I would add

"You claim I owe you a debt, however, I do not know that I owe you the debt, and therefore deny owing it. In accordance with the FDCPA, I demand that you send me validation of the debt you claim I owe."

[rrj]

I have two collection on my credit report, that are over 10 years old,
I am going to dispute with the creditreport people first

before i heard of pfd and dv. i paid these two accounts over the phone about 10 years ago and they are still saying i owe and there under collections in my credit reports

i say they should be off anyway becouse of the time frame

[albacore44]

heres what I use

Deadbeat debtor
11198 bankrupt road
Anytown usa

Mann Bracken LLP
702 King Farm Blvd.
Rockville, MD. 28050-5775

Re: Your letter dated XXXXXXXX Ref. File # 12345678

Dear Mann Bracken

You are hereby notified that I dispute this debt and demand validation.

Additionally, Pursuant to the Fair Debt Collection Practices Act 15 USC 1692c (1) you are hereby notified that it is inconvenient for me to receive phone calls at any time. If you contact any third party or employer regarding this alleged debt, I will consider this harassment and take appropriate action

I can be reached for further communication via USPS mail service at the mailing address listed above.




Signed,