So I think I am going to DV all CAs across the board. I don't want to give them too much insight as to what I may or may not know about consumer laws (not much, yet) so I thought short and sweet should do it. Keep in mind, I don't have any dun letters, I just found these on my CR. I'm having trouble wording that part just right. Date Name Address City, State Zip Stupid Collection Agency Address City, State Zip Re: Acct # XXX-XXXX To Whom It May Concern: I am sending this letter to you in response to a tradeline you placed on my credit report which I viewed on 7/1/2013. Be advised, this is not a refusal to pay, but a notice that your claim is disputed and validation is requested. All calls are inconvenient at all times on all numbers. I revoke any express consent you think you may have to call my cell phone. I hereby elect arbitration to resolve any disputes between us. Warm Regards, Me Thoughts? My only concern is if I state I elect arb, I cannot sue for violations.
^That i believe would be correct. ^ Also i'm not too sure if Arb works for a CA, i think that would be more for and OC that issued a loan/credit card that had the election for Arb in the agreement to begin with. maybe someone else can chime in on this. Also at first i started with a DVL demanding any and everything and quoting case laws and FCRA/FDCPA laws that would make me seem as a lawyer from YALE... this is not necessary, and you will almost always just get the bare minimum response from a CA. Case in point: to 4 different CA's i've mentioned 3-4 times in one letter to send me "detailed information on this account from day 1 until now including payments made and any fees or interest to properly verify your claim to the amount owed" ..............i still got a print out of a summary balance that a 5 year old could have typed on a word document! so kuddos for keeping it short and sweet. you can demand anything you like just keep in mind they are NOT obligated to give you anything but: FDCPA 809 5.b : (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. A long journey but good read awaits you at: http://consumers.creditnet.com/Discussions/credit-talk/t-what-validation-42188.html
I did a lot of studying up on arb (I was up til 5:30 a.m.) and it seems like if you can get a JDB or CA with it, you have a MUCH easier time winning (or getting settlement) vs. an OC. I'm going to hold on to that ace card. I'm most concerned now about my line about how I became informed about the debt. Does the line about the tradeline sound right?
seem right to me. mine went out with the following: Dear _____, On ______ ( a real legitimate date) i acquired a copy of my credit report. On it your company ___________ has placed a collection account with the account # ______ for and amount of ______. This is the first time i have been notified of this accounts exsistance. Be advised, this is not a refusal to pay, but a notice that your claim is disputed and validation is requested per FDCPA 809.5(b). Please provide the following : (i list a few things, bill of sale/assignment of the debt, signed contracts, ITEMIZED BILLING, etc...) But i always just just get back: name and address of the OC and a summary bill created by the CA from their own computer systems. Never sign the letter. But do send it CMRRR... then wait for their lame response... move on to something else and don't over think it because i guarantee you they won't be putting any effort into it, the worst ones will even send you back a letter telling you to send them more information about the debt.. read : 16 CFR 660.4(d) & 16 CFR 660.4(f) . CLICK HERE : read ficojoe 2nd response and RobertEG immediate follow up post
You have never received anything from them, correct? Phone calls/letters....? If so, I would use the term 'initial communication' somewhere in your letter, something like "As YOU have never contacted me regarding this alleged debt, the initial communication took place on 7/1/2013, the date I received a copy of my credit report. That way they're locked down on [15 USC 1692g] (a), and can't play games with (b).
Thanks Kameleon! I'm ready for the lamest responses ever, and hopefully plenty of violations. Mindcrime, you are absolutely right and I don't want to lose any rights under FDCPRA. So, I was thinking about going with this, even though it's longer: To Whom It May Concern: I am sending this letter to you in response to a tradeline you placed on my credit report # XXXXXX furnish by CRA, which I viewed on DATE. I have never been contacted by your firm regarding this account; I am treating this reporting of an unknown debt as initial contact pursuant to section 15 USC 1692g(a). Your firm has failed to supply me a written notice within five days after the initial communication ( which is 5 days after you reported this account ) stating the following; (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector. Be advised, 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. All calls are inconvenient at all times on all numbers. I revoke any express consent you think you may have to call my cell phone. Warmest Regards, Me
My only other question is: when doing like this (initial contact from CR), it is better to: a) Dispute the tradelines on the CRA first or b) Just go ahead and send the DV to the CA or JDB
