DC sent 2nd request even tho I sent validation...
Date: Fri, 11/30/2007 - 17:54
What do I do if the DC sent a second mailing to me saying that I have made no attempt to contact them?
I replied to them, disputing the original letter and obviously asked them to validate it. I mailed it w/in 2 days before the date on their original letter, which was 8 days before I actually received it and 4 days before it was marked by the USPS on their end (they mailed it on a Friday, so it sat in the PO for a few days).
However, even though I sent it in well before the 30-day deadline on all accounts I still received a letter saying that I didn't reply to them.
It's my guess that they sent this out before they got my reply. However, I'm not sure what I should do in regards to this second letter.
Should I reply to it, reiterating what I said in the first letter, should I completely ignore it, or do I need to formulate a new letter?
I replied to them, disputing the original letter and obviously asked them to validate it. I mailed it w/in 2 days before the date on their original letter, which was 8 days before I actually received it and 4 days before it was marked by the USPS on their end (they mailed it on a Friday, so it sat in the PO for a few days).
However, even though I sent it in well before the 30-day deadline on all accounts I still received a letter saying that I didn't reply to them.
It's my guess that they sent this out before they got my reply. However, I'm not sure what I should do in regards to this second letter.
Should I reply to it, reiterating what I said in the first letter, should I completely ignore it, or do I need to formulate a new letter?
HI there! Did you send the first letter certified? Hopefully you
HI there! Did you send the first letter certified? Hopefully you have proof of mailing as they are supposed to cease collection activity during the DV period.
Yes it was sent certified as well as return receipt requested.
Yes it was sent certified as well as return receipt requested. The dates are solid and well-documented. I even have the envelope of when their original envelope was dated by the PO. I received the "green card" as well w/a date and sig.
Sas-Excellent! Make a copy of the green card, write a short note
Sas-Excellent! Make a copy of the green card, write a short note telling them you did ask for DV within 30 days and you are going to sue them for fdcpa violation if they continue. Also include a copy of the first letter.
Is there an example letter of this type of reply somewhere by ch
Is there an example letter of this type of reply somewhere by chance?
Heres a letter someone created and posted here (thank you Outlaw
Heres a letter someone created and posted here (thank you Outlaw). Tailor it to your needs and just remove and insert your applicable info espcially the part about the previoius client,etc.
Quote:
Law offices of Weltman, Weinberg & Reis 323 W Lakeside Ave Ste 200 Cleveland, OH 44113-1099. November 26, 2007 RE: LVNV Account XXXXX Sears Account XXXXX Amount: $XXXX To Whom It May Concern:, On January 11th, 2007 I sent you a letter explaining that I do not believe I owe what you say I owe and, in accordance with the Fair Debt Collection Practices Act, 15 USC 1692g, Section 809(b). I must remind you that in my previous letter I requested the following information: ??????? Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 ??????? Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor. ??????? Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. arrow financial services, 302CV577, 2002 WL 32173704(D. Conn., Oct. 29, 2002) ??????? What the money you say I owe is for; ??????? Explain and show me how you calculated what you say I owe; ??????? Prove the Statute of Limitations has not expired on this account ??????? Provide me with your license/Bar numbers and Registered Agent ??????? Show me that you are licensed to collect or practice in the State of Washington I also requested that if you have reported me to any credit reporting agency, that you inform them that I have placed this debt in dispute and to provide me with proof that you have done so. Furthermore, I asked that you immediately send a copy of that dispute letter to the company (creditor) that you say I owe money so they are also aware of my dispute with this debt. As of today, you have failed to respond to my requests. For your convenience, I have included a copy of my previous letter and a copy of the mail receipt showing that you received my letter on January 11th, 2007 I also see from your current correspondence that lvnv funding llc is offering a settlement of 60% of the debt and that they have now been added as the client which was not the client information that I was provided with. The previous client according to my records is Ventus Capital to which I have also previously sent a letter in November 2006 requesting validation of said debt and a follow up letter to the same in January 2007 stating that I consider the matter closed since they did not respond to my original request. Copies can be made available upon request. You may consider this letter your official notification that I do not intend to correspond with you on this matter again unless you comply with my requests, the fdcpa and the FCRA. I must remind you that any attempt to collect this debt without validating it, violates the FDCPA and that I am recording all phone calls and keeping all correspondence concerning this matter. Be advised that I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the national Better Business Bureau. |