Debt validation letter

Wow! That's fantastic, I am so happy for you, you're getting there!!

We've went from over 90,000 in unsecured stupid debt to 57,000 just since Nov 07. I can't wait to check the mail today to see if anyone else sent information lol. Of course its income tax time too, so i'm working on settlement offers for the few that have validated. been really nice the phone hasn't rang for a month!!

would it do any good to send DV letters if it's been a year or so in some cases?

It's worked for me. We had things on our credit report from 4 years ago and I still sent DV letters.

be careful--dont celebrate just yet.

I say that for good reason--it is entirely likely that many of those accounts were not "deleted". Junk debt buyers buy up these notes from other CA's for pennies on the dollar. What it usually means, in most cases, is that you have requested validation that the CA does not have. So, rather than bother with trying to fight it out with a consumer that's excercising their rights, they get rid of the debt to someone else and move on, hoping to find a less-educated consumer next time. Thats how they operate.

The good news is this--the end is still in sight. Each time the debt gets sold to some new junk buyer, you have to repeate the validation request all over again. But the good news is this--if the proper documentation was there, then when you asked for it from this company they would have sent it to you. If one of these companies tries to sue you, you just need to re-assert your request for validation, and when they cannot provide it, you just move for dismissal with prejudice. But I dont mean to scare you--many of these companies wont bother with the hassle and expense of suing someone.

Is a DV more likely to cause them to sue?

Once you request a validAtion of a debt, all collection activities must stop. They can not sue you if they can not validate the debt.

I dont think it's more likely to make them sue because under the fdcpa they arent allowed to initiate a lawsuit if you just requested validation. They would have to provide the validation to you before taking any other steps to try to collect payment.

Even if it's past the 30 days? Basicly I drafted two letters because I'd really like to move on this and mail it certified today...please let me know which draft you suggest bearing in mind i'm trying to do the right thing and not push them to sue...

1)

I am writing in response to a letter dated January 21st, 2008 that I received yesterday, stating ???????This letter will confirm your agreement to remit a payment in the amount of $466.66 due in our office by 1/31/2008.???????
This is not correct as no compromise was reached. During this conversation I made no promise to pay any amount by any particular date. Please provide documentation to support your claim. I have enclosed a copy of this letter. This suggested payment plan is too far out of my budget as I have very limited income.

I would also like to see an account of this debt to make sure the amount is correct and that any payment I send is going to the right place. Pending receipt of this information in writing, I hope a compromise that I may be able to afford can be reached.

or 2)

I am writing in response to a letter dated January 21st, 2008 that I received yesterday, stating ???????This letter will confirm your agreement to remit a payment in the amount of $466.66 due in our office by 1/31/2008.???????
This is not correct as no compromise was reached. During this conversation I made no promise to pay any amount by any particular date. Please provide documentation to support your claim. I have enclosed a copy of this letter.

I would also like to see a full written validation of the whole debt amount per rights under the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b). I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Penncro for this alleged debt amount. Please forward me this information in writing. Upon receipt of this information and provided it is accurate, I would hope to reach a compromise I can afford. In the mean time, I respectfully ask that your office please cease telephone contact.

I would not make any reference to making a compromise you can afford in a DV request. I like the second one better, but me personally I would take that sentence out near the end. This is about you telling them "prove to me that this is real". If you say that and then say "I need a compromise I can afford", they may try to claim that you just implied that you know the debt is valid.

My opinion---I would remove this part:

Upon receipt of this information and provided it is accurate, I would hope to reach a compromise I can afford. In the mean time, I respectfully ask that your office please cease telephone contact.


I would put a new paragraph there instead:

Quote: