My first DV - Zwicker thru AMEX

I know I cannot DV OC, that is why I said I "do not" DV OC. Yes, I think you should DV all collection agencies and elect arbitration when in contract.

I did misspeak a bit on what is required by MI. Michigan Fair Debt Collection 339-318 "Verification of the debt or any disputed portion of debt shall include the number and amount of previously made payments and the name and address of the original creditor, if different from the current creditor, or a copy of judgement against the debtor".

Ozzie,

What you find productive for you, may not be for others.

Please also consider that if an individual has the intention to settle a debt, has the ability to fund a favorable offer, regardless of the assignee, and just DV's it until it lands with an attorney authorized to sue and who goes through the expense of validating and now suddenly the consumer, who follows the DV is manna advice all over the internet, is stuck with the specter of settling or being sued; The account balance is now inflated unnecessarily due to additional interest and penalties, attorneys generally do not settle at the favorable rates that would have been on the table had the account been settled prior and at an opportune time, the attorney may have performed a more thorough skip trace and may just say "uh uh... nope... not gonna do it. No settlement."

What then? Can you see what I am driving at?

DV can make settlements more expensive and lead to NO settlement.


Mileage may vary

Always send a DV letter to any CA that contacts you. Even if you know you owe the debt. You do not know that the JDB contacting you owns the account or that the CA contacting you has the right to collect.

Sending the DV letter sets up your rights under FDCPA, so if they don't violate and continue collection activity, you can sue them.

I speak from experience. Zwicker will violate, and they will pay you, and your attorney.

Correction to previous post:

Sentence should read:

Sending the DV letter sets up your rights under FDCPA, so if they don't validate and continue collection activity, you can sue them.

Ohioan,

I agree with you that there are ample examples of collection violations where the collectors have been taken to task in the courts. The statistics are on track to hit 10,000 lawsuits brought against debt collectors this year. Of these, how many are for failure to validate upon request with continued collection action? I do not know, but will suggest the number is a small minority.

Contrast this with how many collection lawsuits are filed in a year. The Slamowitz firm in NY files an average of 80,000 collection suits a year. That's just one firm in NY.

Ohioan and any other DV standard bearers:

Please explain the benefits of DV for someone who:

Wants to resolve their debts

Has resources to fund settlements

Wants to avoid being sued
Wants to recover from debt and move on with their lives and is not geared, like many DV is manna posters all over this and other sites, to fight the good fight
Sending DV after DV letter is not an act of someone who wants and can fund resolution.
DV may be useful in some situations when you need to stall for time in order to gather the money necessary to fund a favorable settlement, but used inappropriately can lead to higher and less favorable settlement terms and can backfire and lead to being sued in order to collect.
DV is certainly useful when you know you are dealing with a debt buyer, but not every account placed after charge off is being collected for a debt buyer. In fact, far from it. Original creditors are holding onto debt longer post charge off. Some creditors don’t sell debts… ever. Pricing for freshly charged off debt portfolios was at low levels earlier this year. Those prices have, on average, doubled. Why? It is not because of newbie’s bidding up prices like its 2004. It’s because there is a limited supply.
Ohioan, sending a DV letter does not set up the rights afforded consumers in the FDCPA. You do not need to send a DV to “activate” some perceived protections. Those rights exist with or without a DV letter.
Please know that I understand the position you and others take on this point. I may in fact know more about the subject than most. I have taken the time to post on DV is manna threads in the way that I do because many people will read these threads who want to, and are well positioned to, resolve their delinquent debts. Following the “always send DV letters – No Matter What” advice may not be consistent with their goals and ability to gain closure to an account(s), and can often be counterproductive.

Mileage may vary

Thank you...someone else who understands my point! As I have said over and over again, DVing an account with a third party collection agency(not a JDB) can set you up for being sued quicker. It does not show cooperation and as I have posted in other threads, some agencies wont verify per client rules. It aint worth the time and effort in a first placement...the fees are low and a collector is not sitting around with accounts restricted clogging up his inventory so they are closed back to the client, often for legal placement. It can take up to 6 weeks to go thru the archives and microfiches depending on how old the account is. A simple call to the OC will often verify that the CA is authorized to collect.