I don't want to screw this up! I am going to send a DV to a CA this week. The original debt was charged off by Capital One. I am a little concerned sending this DV as it sounds a bit threatening. I don't want to give them the upperhand but I feel myself weakening over this. Is this the correct letter to use? Also, will this act as a C/D or do I send that at a later time, same time ? Thank you! «Your Name» «Address1» «Address2» «City», «State» «Zip» «Company» «Address1» «Address2» «City», «State» «Zip» «Date» RE: Account #_________/Original Creditorâ??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. __________________ ___________________ pbm | Administrator
Any sample letter you see, be it from here or another site, are more like guides. It's not usually a good idea to use them exactly as you see them. Try to imagine a company getting loads of letters that look exactly the same. Use any sample letter as a guide, then change it up a little to meet your specific needs. Generally, try to keep it as short as you can. To meet the goal, all you really need is a couple of sentences. But you have a couple of optional sentences as choices to add, if you feel you should. I have an example that is based on the one you have here, but much shorter. It is in another thread here, but I'll post it here as well. Ms. Suzie 123 Main Street Somewhere, NC 12345 Capital One address City, ST zip September 1, 2006 RE: Account # 12345XXXX (partial account number) Via Certified Mail, Return Receipt Requested To Whom it may Concern: I am writing to you as part of my ongoing effort to be sure that my credit record is accurate. Though the above-mentioned account has been paid, the alleged debt is disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. 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 had some contractual obligation to pay you, including, but not limited to, written documentation that contains my signature outlining terms and an itemized account of the alleged debt. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file, never to be reinserted, and a copy of such deletion request shall be sent to me immediately. Best Regards, Suzie Note that my letter is for a paid account. Revise your letter. Truth be told, all you really need to do is write "I dispute this alleged debt." and you would have met your obligation under the law. Before you do any of this, I wonder....is this the step you should take at this point? Maybe it is, i don't know anything about what you did and didn't do or any other details. This is more of a question for you to ask yourself and then decide. How old is the account? Is this account old enough that it may be possible to get removed just by disputing? Often after several years (but still before the typical 7 yrs) an account is so old that records may not be in place, or the company "is no longer reporting that account", and in that case, disputing "not mine may get it deleted easily. If the account is under 3 yrs, it may not be a good idea to try this. Still, gathering documents is always a good idea. So sending a DV letter is fine. Remember to keep good records for yourself. Send CM/RRR. Other thoughts welcome. (I am not an expert. I am passing alone what I've gathered so far.)
