DV letter response

Not getting the documentation you asked for is generally a mixed blessing.

On the down side: You'll need to do a bit more legwork, and probably put up with more of their shenanigans.

On the up side: If they had their act together, they'd have sent you the validation when you requested it. They have nothing to lose, and everything to gain, by complying with your request. IMHO, not sending it when asked more than likely equates to not having it to send.

Send them a second demand for validation. Keep it civil, but there's no need to be nice about it. Point up that what they sent is not what's required. Remind them that continuing collections activity is a violation of law, and may result in them writing you a nice check. If they've contacted you since they got your first DV letter, point that up.

I've got a letter here someplace that I wrote for this type of thing. I'll post it shortly, when I rummage it up.

Here ya go. Customize it as needed, and fire it off.

******************************************************

Re: Account #xxxxx-xxxx-xxx-x
Via Certified Mail, #xxxx-xxxx-xxxx-xxxx-xxxx

Dear Sirs:

I have previously requested validation of the above referenced account. To date, the requested information has not been forthcoming.

Thank you for the (whatever they sent you). As I'm certain you are aware, that by itself does not constitute proper validation as required by law.

Please provide me with a copy of the original, signed loan agreement or credit application, as proof of your assertion that this is my debt. This is basic contract law, and should present no difficulty to you. I also require proof that you are legally authorized to collect on this account, via a letter of assignment or bill of sale from the original creditor. Please also furnish a complete explanation of how you arrived at the amount you claim that I owe, including a breakdown of any interest, penalties, or fees have been calculated. Lastly, please furnish me with your license to pursue collections in (state), and the name and address of your registered agent.

As you must surely be aware, Federal law prohibits you from pursuing collection activity without providing proper validation. To date, your office has contacted me (number) times since you received my original request for validation. Should you persist in this ill-advised course of action, I will not hesitate to bring legal action against you for these and other violations of Federal and state law.

I also request that no telephone contact be made by your offices to my home or mobile phone numbers, or to my place of employment. All future communications with me MUST be done in writing and sent to the address noted in this letter by US Mail.

You would be well advised to ensure that your records are in order before I am forced to take legal action. Your prompt attention to this serious matter will be appreciated.


Sincerely;

Your Name Here (typed, not signed)

Uncle.....they dont have to provide anything other than a copy of the signed contract and a copy of the breakdown of charges if requested. That all will come from the client. M&K generally work 3rd party and they do sue. I know people who work there and my ex spouse used to service their computer equipment.

Mornin' SL :)

I always thought a man's reach should exceed his grasp. The contract and breakdown of charges are a given. Authority to collect is maybe a little extra. But I've got a case law citation around here someplace to back that up. Can't find it right now, of course... The license information and registered agent are standard business practice, and shouldn't pose any difficulty for them at all.

Cap One like most of the other major credit cards control what their vendors send out...all correspondence must be approved or it cannot go out. I know our credit card division just simply ignored these types of requests since it was not an approved letter. Requests such as this (and we did collect for cap one) often pushed the collector to close the account with a legal recommendation.

And that, my dear Lady, is precisely why DV is often overly and inappropriately used.
It has been known for many years to be what can kick a file into legal. Often, if not for the DV, the account would have cycled through tertiary levels and out the back chute to a debt buyer where DV has its highest applicability.


Mileage may vary

Thank you so much!

One other question...The lady that I talked to at Messerli and Kramer badgered me for a fax number and told me the only way I would get a written copy of an agreement is by fax. When I finally gave her my fax number she did not send a copy of the agreement but instead faxed my employer for employment verification. This is obviously shady, but is it illegal?