There are too many bad DV letters floating on the web, including the one in the DIY portion of this site.
This is how you write a proper DV letter.
1. First off...Read and understand the FDCPA.
Know what you can and cannot ask for.
You cannot ask for.... ...Proof that SOL has not expired...that is your job to prove. ...Proof they they are licensed to collect in your state ...Their license numbers and registered agent information
...Proof or copy of contract between the creditor and the collection agency, that they are authorized to collect...you are not party to that contract or agreement and you are not entitled to it.
...A complete payment history since day one.
2. Write you letter IN PLAIN ENGLISH. Do not copy letters off the internet or throw around legal jargon you do not understand. The CA's know the laws....you do not need to quote them.
3. Are you disputing the debt? Or just asking for validation of the debt. This is what the FDCPA states...
"(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor."
City State and Zip
RE: Client Name and Account number
Certified Mailing Number ______________________
I am disputing the validity of this debt.
(Then in simple english, explain WHY you are disputing the debt. i.e. debt included in bankruptcy, PDL illegal, I am not the correct person, you already paid it or a portion of it, debt passed SOL etc) Enclosed is (any documentation showing you paid, bk numbers)
Since I am disputing this debt, you should not report it to the credit reporting agencies. If you have already reported it, please contact the credit reporting agencies and have this marked as disputed. Reporting information that you know to be inaccurate is a violation of the Fair Credit Reporting Act.
Your name and signature
Debt Validation Letter
City, State Zip
Debt Collector's Name
City, State Zip Certified Mailing Number ______________________
RE: Client Name and Account number
Dear Debt Collector:
This letter is sent in response to (phone call/letter) received by you on (date). Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt. Please provide me with a copy of the (card holder agreement, prom note, something with my signature on it)
Your Name and signature
Again, there is no reason to quote laws...the collection agencies KNOW the laws and do not need to be reminded.
By signing up a debt counseling session, your provided details (Name, Email ID and Phone No.) will be forwarded to the company advertising on the DebtCC. However, you have no obligation to use their services.
Some creditors and collection agencies refuse to lower the payoff amount, interest rate, and fees owed by the consumer.
Creditors/collection agencies can make collection calls and file lawsuits against the consumers represented by the debt relief companies.
Debt relief services may have a negative impact on the consumer's creditworthiness and his overall debt amount may increase due to the accumulation of extra fees.
The amount which the consumer saves with the use of debt relief services can be regarded as taxable income.