I posted days ago about this situation. (letter from attorney- $14,000 owed on a repo car from 2 1/2 years ago) Can I request DV from this attorney and also request they no longer call me? I got the letter last friday and the first of many calls started yesterday. (It was a letter with a bill attached to the bottom of it) I dont want to tick them off and make them come after me even harder. Also, if I request DV should I wait until closer to the 30 days (required to respond) to request it? I figure that would give me some more time to figure out what I am going to do....Chapter 13 or chance getting sued. Chapter 7 is not an option and paying it are not options.
If you believe you are still within the SOL for this debt, then you should request DV from the attorney, if the attorney is acting as the collection agent. As for the "cease" in calling, merely ask that communications be in writing, as it is inconvenient for you to take calls at any time or number.
Thank you. Would this be the correct sample letter to use? Opps, it wont let me post the URL. I am trying to post the Validation Letter posted under "Sample Letters." I think I need to tone it down a little. It sounds like I am threatening an attorney which I dont want to do.
All you need to do is say that you dispute the debt, and would like proof that the debt is yours, an accounting of how they arrived at the balance, and proof that they have the legal right to collect. You may not get the last one, but it's a good thing to ask. If you want, say that it is inconvenient for you to accept calls at any time at any number, and you wish all future contact to be in writing.
Butch has a post with the simplest VD letter to send... But essentially its short and to the point... The ones which are online tend to have a lot of superfluous requests; and get easily spotted as form letters... (Hint: They're so known that they've been specifically talked about by their trade association... It's about the only part of their 'Chaudry' article which is valid...)
I just remembered one more thing. Finance company A gave me the original loan. I never missed a payment. Finance company A sold the loan to finance company B. I never made one payment to company B and let the car go back 2 months later. The attorney is representing finance company B. Since I never made one payment to company B, would that be any loophole I could use to my advantage?
