Please Help With DV and CRA Dispute Letter

[dollerprod]

Thanks.

 

I am looking for a good sample letter (I know I need to customize it to my situation).

 

This is going to be for two old CC's with small limits of $165 and $725. BTW, I am also fairly confident that the amount of the second card ($725) is being reported as the full credit line being a balance, when in reality it is not 'maxed-out'. The $725 card is being handled by a JDB. But I have absolutely no documentation or way to research this.

 

Anyway, I'm not planning to provide any information myself, I am hoping that they will not be able to validate it correctly so I'm leaving that to them.

 

So for this circumstance could someone point me toward a good DV letter. The ones I am finding seem to be for bad's that are within SOL and mine is past SOL (6 yrs, Florida).

> Need a DV letter to send to CA.

 

> Then a dispute letter to send to each CRA after I get back the green card from CMRRR.

 

 

 

 

[ICANHASMUNY?]

florida is 4- 5 year SOL depending on which court

 

and if the OC has a choice of law provision for thier home state which has a shorter SOL, then that applies

 

if you've never been contacted by the JDB, then send a unknown debt letter

[dollerprod]

ICANHASMUNY?, Thanks for the information. I do not know of a sample unknown debt letter and I hadn't seen your reply so I customized the following DV letter. Will you please review/critique it?

 

 

 

Awesome Dude
123 Awesome St
Awesomeville, FL 12345

DATE

ABC Collections

123 Scum Ave

Scumville, 00000

 

 

Sent via Certified Mail #: 0000 0000 0000 0000 0000

 

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

I recently reviewed a copy of my credit report and found that your firm has listed a collection account on my report. I have never been contacted by your firm despite you obviously having access to my location information via the reporting agency.

This is not a refusal to pay, but a notice that your claim is disputed. <-- Do I NEED this bit? I only put it in because it is on almost every DV letter I have found.

 

Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt.

 

Your legal staff will agree that compliance with this request is required under State and Federal Statutes. <-- Need?

 

Please provide me with the following information: <-- Any other particulars I can/should trouble them for?

 

1. Account Number

2. Original Creditor’s Name

3. Name of Debtor

4. Address of Debtor

5. Balance of Account

6. Total Amount of Loan or Credit Line

7. Was this debt: Assigned ____ Purchased ____

In addition to the information requested above, please attach copies of:

• Agreement with your client that grants you the authority to collect on this alleged debt, or proof of acquisition by purchase or assignment.

• Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.

Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities.

I require compliance with the terms and conditions of this letter within 30 days, or a complete withdrawal, in writing, of any claim or reporting. In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities, State Bar associations, etc. for violations of the FDCPA, FCRA, and/or Federal and State statutes on fraudulent extortion. <-- Too much?

I also hereby reserve my right to take private civil action against you to recover damages.

Sincerely,

Awesome Dude (NO SIGNATURE)

 

 

This barely fits on one page so if there is anything that should be removed feel free to point it out.. I would like to throw in some FDCPA language/lingo so if you have any comment there also please let me know.

 

The original DV letter that most of this is based off of is from WhyChat's site. On that version the particulars of the account information is on a form, almost like it would be a second page (instead of the way I have it as a numbered list in the body of the main letter itself). Should I revert back to the form and make it on a separate page (PG 2)? Would they be more likely to not want to mess with photocopying and hand-writing in the form?

 

Thanks beyond words!

[dollerprod]

or this?

http://www.creditinfocenter.com/forms/sampleletter9.shtml

[LKH]

or this?

http://www.creditinfocenter.com/forms/sampleletter9.shtml

 

For several reasons, I would not use the letter you linked to. The shorter the better. Here isa link to sample letters. Remember, the shorter the better.

 

http://creditboards.com/forums/index.php?showtopic=18802

[futurehomeowner?]

Here is actually a post of ICANs from last year that I have book marked.

 

http://creditboards.com/forums/index.php?showtopic=500226

[dollerprod]

LKH, I will take your advice gratefully. I have visited the thread that you linked me to and chose this particular DV letter:

 

 

Awesome Dude

123 Awesome St

Awesomeville, FL 12345

DATE

 

ABC Collections
123 Scum Ave

Scumville, 00000

Sent via Certified Mail #: 0000 0000 0000 0000 0000

Re: Acct # XXXX-XXXX-XXXX-XXXX

 

To Whom It May Concern:

This letter is being sent to you in response to a listing on my credit report. 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 ( 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.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for Violation of the FCRA, FDCPA and/or Defamation of Character.

 

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. 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 and a copy of such deletion request shall be sent to me

immediately. <-- Can I take this whole paragraph out? Or does it serve an important purpose?

If you wish to communicate or contact me, please correspond thru mail sent via the USPS.

 

It would be advisable that you and your client assure that your records are in order before I am forced to take legal action.

Best Regards

Awesome Dude (DO NOT SIGN)
[put at bottom: "PAGE 1 of 2"]
-------------------------------------------------------------------------------------------------------------

 

(PAGE 2)

DEBT COLLECTOR DECLARATION

Please provide all of the following information and submit the appropriate forms and paperwork within 30 days from the date of your receipt of this request for validation.

Alleged Account #: ______________________________________________________________________

 

Name and Address of Alleged Creditor:______________________________________________________

Name on File of Alleged Debtor: ___________________________________________________________

Address on File for Alleged Debtor: _________________________________________________________

Amount of alleged debt: __________________________________________________________________

 

Total amount of loan or credit line: __________________________________________________________

Date that this alleged debt became payable: __________________________________________________

Date of original charge off or delinquency:____________________________________________________

Was this debt assigned to you or purchased? _________________________________________

 

Please attach a copy of the agreement with your client that grants (Collection Agency Name) the authority to collect this alleged debt.

Please attach a copy of agreement that bears the signature of debtor, wherein he/she agreed to pay creditor.

Please attach copies of all statements [and payment history?] while this account was open. <-- Can/should I add "as required by Fields v. Wilber Law?

 

______________________________

Authorized Signature For Creditor <--- Should this say "authorized signature for creditor?" Or Collection Agency Name?


______________________________

Date

You must return this completed form along with copies of all requested information, assignments or other transfer agreements, which would establish your right to collect this alleged debt within 30 days from the date of your receipt of this letter. Your claim cannot and WILL NOT be considered if any portion of this form is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act.

[put at bottom: "Page 2 of 2"]

 

 

 

Do you approve of this letter? Does it need to be customized more?

 

Also, must I add a signature line for them to sign (would they be less likely to comply is had to sign)? And, if it is needed, should it say "Authorized Signature For Creditor?" Or should it authorized signature for [collection company name]?

 

[futurehomeowner?]

the problem with that letter is that the JDB doesn't have to answer any of those questions to make a valid DV and they will just ignore it all. By them ignoring them doesn't give you any other ammunition.

 

As long as they respond with the little info that they are required to give they will fulfill their obligation outside of court.

Edited May 22, 2013 by futurehomeowner?

[dollerprod]

ahh, I see. I just can't get it right, lol.

 

Which is why I am thankful for this community!

 

Would you mind then pointing me to a particular letter that would suit my situation?

[futurehomeowner?]

post 6 in this thread is a good basic letter

[Tommie]

So is there a good letter to reference for the CRA side of the Collection account dispute?

[dollerprod]

So is there a good letter to reference for the CRA side of the Collection account dispute?