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Sample of Debt Validation Letter w/limited Cease and Desist

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    Sample of Debt Validation Letter w/limited Cease and Desist

    For those that may need it

    Here is the debt validation letter I used - feel free to cut and paste, and add in what you need to.



    FROM: XXXXXXXXXXX
    123 Sesame Street
    Whereever, USA

    TO: COLLECTION AGENCY
    XXXXX Street
    Anywhere, USA

    *(And if they are being rep. by the lawfirm, include the lawyers name and address)

    LAWYER JOHN
    XXXXX Street
    Anywhere, USA

    Date: XXX XXXX

    Re: Your letter, dated XX March 2010 (attached)

    To Whom It May Concern at the Law Office(s) of XXXXXX:

    This letter is being sent to you in response to a notice sent to me on your behalf as well as by your client, XXXXXXXXXXXXXXXXXX., on XX XXXX 2010, received by me on XX XXXX 2010. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

    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. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you or the client you represent, XXXXXXXXXXXXXXXXX.

    Please provide me with the following:

    1. What the money you say I owe is for;
    2. Explain and show me how you calculated what you say I owe;
    3. Provide me with copies of any papers that show I agreed to pay you what you say I owe;
    4. Provide a verification or copy of any judgment if applicable;
    5. Identify the original creditor;
    6. Prove the Statute of Limitations has not expired on this account;
    7. Show me that you are licensed to collect in my state;
    8. Provide me with your license numbers and Registered Agent;
    9. Signed agreement from the debtor confirming to pay the debt;
    10. The agreement which authorizes you to collect debt on the assumed debt.
    11. Complete payment history, the requirement of which has been established via Spears v. Brennan 745 N.E.2d: 2001 Ind. App. LEXIS 509 and
    12. Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.
    13. 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.)

    Pursuant to the Fair Debt Collection Practices Act (FDCPA), I am also requesting, in writing that no telephone contact be made by your offices to my home, to my place of employment or any other person(s) regarding such debt. Any attempts by your office and/or your client for telephone communications with me, including but not limited to computer generated calls, any electronic device type of contact, and calls or correspondence sent to or with any third parties, it will be considered harassment under the FDCPA. Let it be known that all future communications with me MUST be done so in writing and sent to the address noted in this letter by USPS. Any other type of communication received other than in writing will be recorded and used for legal purposes pursuant to FDCPA and standards.

    This is an attempt to correct your records and/or your clients records as well as to inform you and/or your client of my intent under the FDCPA, (Change the code to what your state one is above) VA Code Ann. 19.2-62, any information obtained shall be used for that purpose. These letters were sent Certified Registered Return Receipt via USPS.

    Best Regards,
    XXXXXXXXXX

    #2
    Whatever. If I were your creditor/collector, I would not send you the majority of that and would just proceed to sue you.

    Either you're going to do a c/d or you're not.
    All information contained in this post is for informational and amusement purposes only.
    Bankruptcy is a process, not an event.......

    Comment


      #3
      Yeah, they don't have to and rarely do provide all that information. Most of them just send back a one paragraph response saying that they are now verifying the information.

      There really is no limited cease and desist. Once you send them something like that, they will treat it as a full cease and desist.

      But no, they probably won't sue you. They can't sue everyone. And I would say that less than half of charged off debtors are ever sued. It would cost them a fortune to sue everyone, and they know all too well, that a majority of charged off debts will never be repaid whether they sue you or not, which is why they are forced to account for charged off debts as debts that are not likely to ever be repaid, so they can't be considered the same as accounts which are going to be repaid.
      The world's simplest C & D Letter:
      "I demand that you cease and desist from any communication with me."
      Notice that I never actually mention or acknowledge the debt in my letter.

      Comment


        #4
        I like that you've posted the letter for those of us who had no idea what a Debt Validation letter even is. I plan to use it-just for the purpose of stalling a couple of months.
        Thanks Justdeb!
        Retained atty 3/2010. Filed Chapter 13 on 1/2013.

        Comment


          #5
          Originally posted by frogger View Post
          Whatever. If I were your creditor/collector, I would not send you the majority of that and would just proceed to sue you.

          Either you're going to do a c/d or you're not.
          No need to be ***** there dude... I was providing it because 2 other people asked me.

          Get a frigging grip.

          And - you're not my creditor/collector...and I didnt get sued.. so whatever (doesnt sound too good when it comes back to you does it?)

          yeah... didnt think so.
          Last edited by Flamingo; 04-09-2010, 02:27 AM. Reason: Profanity removed; OP please do not post profanity - thank you

          Comment


            #6
            Well, the fact is that most websites have this exact letter so a CA or OC does not take it seriously. They know all you did was a cut and paste and it is likely that one did not do their homework.

            The letter I sent had three or four sentences:

            1. I dispute
            2. This is NOT a refusal to pay
            2. Please validate
            3. It is inconvenient for me to take phone calls at all.

            This letter is being sent to you in response to your notice dated xxxxx that I received on xxxxxx. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) and the (state law, if you have it) that your claim is disputed and validation is requested.

            If your offices are able to provide the proper documentation as requested, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.

            I would also like to request that no telephone contact be made by your offices to my home or to my place of employment. Please limit your communications with me to written correspondence at the address shown, as it is inconvenient for me to receive calls at any time or at any number.


            Simple, to the point and not full of BS that a collector will laugh at. The CA kicked it back to the OC, after repeatedly violating with constant phone calls (which I plan on suing them for.)
            First consult: You go now, no CH 7 for you. You spent entire buffet. 13 has a 95 percent payback. (Owwwch) On to next consult....

            Comment


              #7
              Geeze people! She was just trying to be helpful!!!!

              Thank you, Deb!

              Comment


                #8
                I asked what it was, (debt Validation letter) so she posted one. No need to attack!
                Retained atty 3/2010. Filed Chapter 13 on 1/2013.

                Comment


                  #9
                  4)a statement that if the consumer notifies the debt collector
                  in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector
                  will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

                  (5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
                  (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer
                  requests the name and address of the original creditor.
                  Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.
                  (c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.



                  The Fair Debt Collection Practices Act spells out rights and responsibilities when collecting debts. Here's where you can find the complete text of the law.
                  Last edited by optimistic1; 04-08-2010, 07:12 PM. Reason: Cause I like things puurrrrrrrrrfect.

                  Comment


                    #10
                    Hi there---optimistic1---so here's an acceptable validation letter---and I'm
                    not disputing anything---since I really can't---have had no contact w/them--

                    XXXXXX (company and address)

                    Pursuant to your phone call to me of April 8, 2010 to contact you,
                    I am hereby requesting in writing that you validate
                    the debt involved and indicate the name of the original creditor.

                    In addition,I am unable to take any phone calls,so please communicate
                    with me by mail only.

                    Does this work?

                    Comment


                      #11
                      The DV letter posted by the OP has been floating around the Internet for at least five years and is on hundreds of sites. It is, as others have said, a sure sign you do not understand the DV requirement of the FDCPA, and are a new and unsophisticated debtor.

                      Here is what I request in a DV letter:

                      1) A simple accounting of the debt and the interest.
                      2) The name and address of the original creditor.
                      3) The original creditor account number.

                      That is ALL a DV request is, and even that is more than required by law.

                      Here is a standard Validation of Debt reply from LVNV Funding. Note they have more than complied with the FDCPA in this reply (It also took them 12 months to reply to my DV letter, during which time they did nothing.):

                      start of letter
                      -----------------------------------------------------------------------
                      Validation Of Debt
                      March 25, 2009
                      WhatMoney

                      Account number 123456789012345 for WhatMoney acquired from Sears is now owned by LVNV Funding LLC.

                      At the time the account was acquired from Sears, Sears advised that the balance was $16,999.99. Since that time, additional fees, payments, credits, and offsets, if applicable, have been allowed, for a current balance of $24,999.99.*

                      *Please note that any additional interest, fees, payments, credits and offsets made within the past 30 days may not be reflected in the above mentioned current balance.
                      -----------------------------------------------------------------------
                      end of letter
                      You can ask for more but they are only required to provide what is in the standard form letter I quoted above. Note they didn't even give Sears' address.
                      “When fascism comes to America, it’ll be wrapped in a flag and carrying a cross” — Sinclair Lewis

                      Comment


                        #12
                        Originally posted by WhatMoney View Post
                        The DV letter posted by the OP has been floating around the Internet for at least five years and is on hundreds of sites. It is, as others have said, a sure sign you do not understand the DV requirement of the FDCPA, and are a new and unsophisticated debtor.

                        Here is what I request in a DV letter:

                        1) A simple accounting of the debt and the interest.
                        2) The name and address of the original creditor.
                        3) The original creditor account number.

                        That is ALL a DV request is, and even that is more than required by law.

                        Here is a standard Validation of Debt reply from LVNV Funding. Note they have more than complied with the FDCPA in this reply (It also took them 12 months to reply to my DV letter, during which time they did nothing.):



                        You can ask for more but they are only required to provide what is in the standard form letter I quoted above. Note they didn't even give Sears' address.
                        1. Yes, I used the interent - but a few different DV letters and added my OWN things to it - so, no I didnt just "cut and paste' from one letter.

                        2. Thank god for THAT! Wouldnt want to be a "sophisticated debtor" now would I?

                        You know - thanks for making someone feel welcome to this site. You could have stated "thanks for the letter, but for those that need one, you can omit XXX and XXX and even XXX" but nope, no luck there huh? You all just had to rip someone apart for trying to help others.

                        I wont be visiting this forum again.

                        God be with you all - peace.

                        Comment


                          #13
                          Originally posted by optimistic1 View Post
                          That DV just makes me laugh, those are some of the stupidest demands I have ever seen. If I was the collector, I would send it straight to an attorney and they would sue you.

                          ALL YOU HAVE TO TELL THEM IS THAT YOU DISPUTE THE DEBT, and they must abide by 15 USC 1692g.

                          The debt collector is bound by the FDCPA, the very letter they send you is in direct compliance with the law.
                          You missed the entire point. "Whatever" is going to be the reaction from anyone you send this letter to.

                          Read the above quote from optimistic1. Sums it up well.....
                          All information contained in this post is for informational and amusement purposes only.
                          Bankruptcy is a process, not an event.......

                          Comment


                            #14
                            Having sent out more than 30 DV letters, the shorter the better. It is a good idea one requests only what one is entitled to under the law. The faux copy by the OP may have had an impact a few years ago before more folks began sending DV requests, but I would think most CA/JDB firms have seen it so much the most it might get is a good cackle.

                            In terms of "limited cease-and-desist," my experience has been that not every CA/JDB treats this as a full C&D. I have received several (3-4) DV's after requesting the CA/JDB contact me only by US mail. In each of the cases where I have received debt validation, the accounts have been sent to attorney firms, 3 of which have sued me.

                            I hypothesize that once a collection attorney (licensed to practice in my state) has reasonable verification and probably original documentation, they file suit against me knowing I am employed with reasonable salary.

                            Comment


                              #15
                              An unsophisticated debtor has a name in CA world: low hanging fruit, or easy pickin's. You don't have to be experienced (most of ua are not) but it helps to read the boards as a new person and take heed. Let's just say what is learned is written in money.

                              My simple letter had the CA violating it repeatedly (always always always send CMRRR) then kicking it back to the OC. Now both can be in trouble because the CA did not buy the account; the OC hired them (local) to try to scare me which makes them just as liable for CA violations. Of course the OC "validated" by sending statements for the past few months and confessed in a letter that the original application I signed was long gone.
                              First consult: You go now, no CH 7 for you. You spent entire buffet. 13 has a 95 percent payback. (Owwwch) On to next consult....

                              Comment

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