Hey all. I'm getting ready to send out DV's to some collection agencies. I found this one and was wondering if it is a good one. Thanks. �Your Name� �Address1� �Address2� �City�, �State� �Zip� �Company� �Address1� �Address2� �City�, �State� �Zip� �Date� RE: Account #_________/Original Creditor�s Name Dear Sir/Madame: Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form. Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you. 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. You may wish to consult with a competent legal advisor before your next communication with me. Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees. Sincerely, �Signature� �Your Name� - - - Include the following on a separate sheet of paper - - - CREDITOR DISCLOSURE STATEMENT Name and Address of Collector (assignee): _________________________ Name and Address of Debtor: ____________________________________ Account Number(s): ____________________________________________ What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms. Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO Has the purported balanced of this account been used in any tax deduction claim? YES/NO Please list the particular products or services sold by the collector to the debtor and the dollar amount of each: Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action. ________________________________ Authorized signature for Collector __/__/__ Date Please return this 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.
Way too long and asks for too much information that they have no obligation to provide unless you are in discovery on a lawsuit. A simple letter in your own words that says you are disputing the debt because you don't recognize it, and asking them to send proof that it is yours and how the balance was obtained is all you should be doing right now. You are supposed to be the least sophisticated consumer, not a law student.
All you need to say is: I dispute this debt in its entirety and ask for verification pursuant to the FDCPA. You can also add: You may not contact me by telephone or at my place of employment. Please communicate with me only in writing to the address (above/below). Thank you. Anything else is a waste of time. If it's going to work, that's all you need to say. If not, it doesn't matter how much you say. Just take notes for your law suit complaint.
Another thing I would add: Name/address/phone # of original creditor________ Exact date that this account FIRST became delinquent_____________ Exact date that original creditor sold/transferred this account to you______ This is really important, depending on your state's SOL. If your state's SOL has expired from the date of the original delinquency, you can tell the collection agency to f... off.
CO's I have several things that are charged off and some have gone to CA's. Would it be a good idea for me to dispute the CLs from the OC as well as DV the CA's? OR should I just DV and then sit tight?
There is little to be gained from trying to educate the other guy. I don't even give them any account numbers or other information whatever. Then if they come back demanding the account numbers or other identifying information I simply copy their initial demand letter and send it back to them. I don't put anything else in that reply letter. Just a photocopy of their initial demand letter and let them figure it out from there.
I don't have the initial demand letters as they are from several years ago before I even knew about credit repair.
You don't need them or even want them. Forget the old garbage. Everybody moves ahead at almost lightning speed due to the internet. Today the best answer is keep it simple. The simpler the better. But then, that has always been true.
