Documentaion demands of the DV letter
Date: Fri, 09/26/2008 - 09:05
Why not point this out in the DV letter? Put it in black and white, no uncertain terms.
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No, you don’t have to honor this request to the extent that I demand, but in a court of law these demands for documentation would have to be met and since I intend to see this all the way to the judge if need be, then won’t it be in your best interest to cough up those documents now, because if you force my hand all the way to court, rest assured that not only will I then be demanding for the removal of this account, but for hefty compensation as well. Do you really want to go there? :)
I mean it might not make any difference to the bottomfeeders, but it would make your letter sound all the more aggressive and will very neatly point out that this is a polite request, don’t force you to make it a costly demand.
Documentaion demands of the DV letter
yes i've often wondered about that when someone would direct me to the federal laws about collection because no where could i find that the ca's had to provide what the dv letter asked for on this site. but so far it's worked for me, but afraid one day some one will call my bluff and say no we don't have to provide and sue me and make my life even more difficult.
what about the part, if acct is definitely sol per your state.....do they have to at least write you back and provide that part? or is that going to be a court required thing too?
my thread you were helping with golden appears to be "sick" and says you replied this morning, but it is not showing up on my end so here i am.
i mean should i change the letter completely you offered for tex law and ca's? to the effect to so bluntly say that "i realize you (the ca/law office in my case) do not have to provide the items i asked for as validation of this debt. But be aware that i intend to carry through and file a suit with my local court, if these items are not provided. Wouldn't it be practical to provide me with the proof of this alleged debt now, than to proceed further?"
any other suggestions would be appreciated and please be as specific as possible as i am dealing with so called lawyers, who definitely know alot more about the law than i do of course. so i want the wording to be direct of course non threatening but correct most of all. so that it will make them think...hhmm maybe we should just drop this or at least make them double check on the sol date which is my main defense in this particular matter (please see my other thread).
thanks!
Well, its really only a bluff if you choose not to go through wi
Well, its really only a bluff if you choose not to go through with it. It is also just common sense, if there is any dispute over an account, then the only way to prove it either way is with those documents. Even if you look at it from a CA's point of view, if someone is demanding the documentation then it is pretty clear that the person is not going to pay without it...well, they can take the debtor to court, but then that person will very likely ask for them in discovery and be in a position to force the CA to produce them.
So, you shouldn????????t have to worry about them ???????calling your bluff???????? and suing you, since then you could force them to give you the paperwork in discovery.
I am toying with my letters, rewriting them to see how I can work it in???????.instead of using it in the initial DV letter I was thinking about using it in a follow up letter when they respond with the ???????we don????????t have to provide that info??????? that sort of thing.
I didn????????t think to ask you before, but this law firm that sent you the letter, are they also reporting the account on your credit report? My TX letters are designed for Dving a CA (or lawyer) who is reporting to the CRAs. There are other ways to bring the Texas laws into play, but the letters would have to be worded differently.
You also want to check the Texas secretary of state website for a surety bond, anyone collecting debts must carry this bond, you can us this as well. Heck, sometimes I even look up any press I can find on the company and what the BBB says about them???????nothing like letting them know that you know exactly how shady they are and that you are sure that a judge would find all the clipped articles of their abusive practices of interest.
So don????????t sweat it about sending a letter to the so called lawyers, you still have the power and don????????t let them intimidate you in the least. So, check and see if they have a bond, see what the BBB has to say about them and write up your letter (you can use the sample I gave ya if they are in fact reporting this on your CRAs,or if not, then simply dispute the account they wrote you about and demand validating documentation, while referencing the finance code and giving them the written notice.
Oh here is what I replied..not sure why you can't see it on your
Oh here is what I replied..not sure why you can't see it on your thread:
Quote:You also want to check the Texas secretary of state websit
Quote:
You also want to check the Texas secretary of state website for a surety bond, anyone collecting debts must carry this bond, you can us this as well |
When I am contacted by a CA that is not bonded, I Cc: the office of the TX SOS. A consumer does not have a private right of action against a CA that is not bonded, only the state can do that but the more TX consumers that file complaints on a particular CA, the more apt the state would be to pursue it.
Actually a consumer can sue because of no bond under civil remed
Actually a consumer can sue because of no bond under civil remedies (???? 392.403). Its a double whammy because there is provisions for BOTH criminal and civil actions so they can be nailed by the consumer AND the state. I love Texas. :)