Have You Ever Been So Overwhelmed with all this that you were Frozen? DV advice plz

[slvnomore]

Have You Ever Been So Overwhelmed with all this that you were Frozen? And just couldnt hold all the information still or do the next right thing?

I have 4 DV letters 30 days up today. So much medical stuff going on that makes this look minor that I just didn't get to financial.

It looks like Chase and FNB have charged me off and sent me to collection agencies.

This is the first letters I have gotten from them, but the 30 days is up in 1 day.

Got 4 collection agencies

3 chase
GC services 15k
Client Services Inc 6.5K
United collection Bureau 10K

1 FNB $16.2K
From Lawyer
CKB FIRM



Can someone please help me with two things.

1) a link to an example of the exact DV letter i should send. I have seen everthing from very short to the longer one on NOLO. Which to use?

2) What should I do next? after sending the DV ?


Thank you so much, forgive me for not knowing I don't know what is wrong with me, I just cant seem think straight right now.

All constructive tips, comments, wisdom and kindness most welcome.

[tobee43]

i know it's seemingly overwheming at times. so all you can do is put it all away and put the priority on the top and do one at a time.

as far as dv letters:

standard DV to a debt collector need only say:

i request validation of the debt under FDCPA 809(a). you can add on a few sentences if you want to make it clear that you want an itemized listing of the current debt, and if you also want to know the name of the orginal creditor, such as:

i request that you verify the amount of the debt by providing an itemized listing.

i additionally request that your provide the name and address of the original creditor for the alleged debt.

the requrements for response to a DV are fixed by statute, so there really is no need to include other, lenghty provisions. those are the essentials. why you see some example letters that are longer examples than others, really because people just want to make them longer, why? don't know. also make certain you send it certified mail and put the cert number within the body of the letter. you additionally state that the debt under collections also has a judgement associated with it. since the court has ruled on your debt obligation, what specifically are you now attempting to dispute?

what happens after they receive it, really can vary, usually they will comply with your request to verify the debt. which only stalls that situation a bit.

are you planning on filing bk? because if you are, all of these things and the time you are stressing are really not going to help you. but, getting a consult with an atty most certainly will. you can weigh out your options and see what steps you need to make to move forward. maybe since your plate is so full now, it may be time to do something and really take some action to help yourself out of this entire situaton.

it will work out. we all went through this, the guilt, the masses of paper work, not knowing who and what to do next. it's actually part of the entire emotional roller coaster one rides during this time. you aren't alone, believe me and, you have found the right place for help! just keep posting your questions there are some great people on this forum with years and many experiences similar to yours that can really help guide you. best of luck...you can and will do this!! it will get better!

[Pjmax]

I can't help with the letters. I've been in that 'frozen' state. I did not have the intestinal fortitude to fight this stuff for very long. Sometimes the fight isn't worth it, you are just delaying the inevitable. I finally reached the point where the only logical option for sanity was to file BK.

[tobee43]

I can't help with the letters. I've been in that 'frozen' state. I did not have the intestinal fortitude to fight this stuff for very long. Sometimes the fight isn't worth it, you are just delaying the inevitable. I finally reached the point where the only logical option for sanity was to file BK.

i think you hit the nail right on the head Pj, and that's when it gets to that point, i think or believe that's the sign to go and really seriously look into filing bk and get it finally over!

[frogger]

Perhaps a better question would be this:

Is there anyone here who has not been overwhelmed..........

We've all been there, done that.

Keep your head up, and remember that this is a process, not an event. Patience grasshopper.

[Sammie]

My husband and I put off the ineviable for yrs. We made very big mistakes, cashed out $42,000 out of his 401k early, took out a second mtg. for $75,000 (which we are paying outside of our plan) to pay off debt. Last year we realized we had to file Bk, as others have said here "it is a business decision", our business. I only wish we had done this before liquidating assets and adding another Mtg. It is not worth your health and well being. If you haven't done so, go and see an Attorney, it will be the best decision you will make. sammie

[slvnomore]

I want you all to know how much I appreciate your replies and wisdom and tips toward clarity. - and especially your kindness and generosity.

It is not that i am not willing to do my due diligence and homework, its that I get overwhelmed by the sheer amount of

info out there and CAN"T TELL ANYMORE which is right, smart and legal.

For instance Just in picking THE RIGHT DV letter to send.

So many opinions! Please help me clarify. I am willing to learn! : )

Which would you use thats legal, smart and right in my situation?


You have Scenario 1 - The short school.


Letter 1

Shady Collection Agency, Inc..
P.O. Box 1234567
Metropolis, KS 66666

To whom it may concern:

I have received your letter (copy enclosed) dated MM DD, YY, in which you claim that I owe a debt of $XXX.XX.

This letter is to inform you that I dispute this debt in its entirety, and I request that you provide validation of this debt pursuant to the Fair Debt Collections Practices Act (FDCPA). Also, please provide the original creditor's name, address, and date of last activity.

I thank you in advance for your prompt attention to this matter.


Very truly yours,


Aware Consumer

"Further, any contact by telephone is inconvenient at all times."
Letter 2

[today's date]
[your name]
[the phone number they are already calling-- otherwise leave it blank]
[the account number they put on the first letter they mailed to you informing you of your 30 Day period to dispute this debt]
[the address they mailed the letter to]


I dispute the validity of the alleged debt

It is inconvenient for me to receive telephone calls from you at any time and at any location

Letter 3 (nolo)
To:
I am writing to dispute the following bill you are attempting to collect.
Name(s) on account: Account number: Creditor:
Amount in dispute:
Please provide documentation verifying the debt.
The nature of the dispute is as follows [Optional: Add an explanation if you want]:
Please also send me the name and address of the original creditor.
Thank you for your attention to this matter. Sincerely,
[your signature]
Name: Address:
Home phone: Email address:
cc: Creditor:




And Scenario 2 the long letter format.

Credit.org in consumer guide to good credit.

http://credit.org/assets/ebooks/ConsumerGuideToGoodCredit.pdf

certified mail, return receipt requested)
Date:
Your Name
Your Address
Your City, State, Zip
Collection Agency Name Collection Agency Address Collection Agency City, State, Zip
RE: Account # (Fill in Account Number) To Whom It May Concern:
Be advised this is not a refusal to pay, but a notice that your claim is disputed and validation is requested.
Under the Fair Debt collection 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 that is binding on me to pay this debt.
This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 (b) of the FDCPA. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
At this time I will also inform you that if your offices have or continue to report invalidated information to any of the three major credit bureaus (Equifax, Experian, Trans Union), this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following.
Violation of the Fair Debt Collection Practices Act
Defamation of Character
I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies.

If your offices are able to provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for suit. This includes any listing of any information to a credit-reporting repository
that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
It would be advisable that you and your client assure that your records are in order before I am forced to take legal action.
CREDITOR/DEBT COLLECTOR DECLARATION
Please provide the following:
• Agreement with your client that grants you the authority to collect on this alleged debt.
• Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor.
• Any insurance claims been made by any creditor regarding this account.
• Any Judgments obtained by any creditor regarding this account.
• Name and address of alleged creditor.
• Name on file of alleged debtor.
• Alleged account number.
• Address on file for alleged debtor.
• Amount of alleged debt.
• Date this alleged debt became payable.
• Date of original charge off or delinquency.
• Verification that this debt was assigned or sold to collector.
• Complete accounting of alleged debt.
• Commission for debt collector if collection efforts are successful.
Please provide the name and address of the bonding agent for «COLLECTIONAGENCY» in case legal action becomes necessary.
Your claim cannot and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information back.
Best Regards
[Your Signature]
cc Federal Trade Commission

See What I mean?

How to decide?

[slvnomore]

My debt was just turned over to CA from OC, and this is my first 30 day DV, so I dont know of any judgements yet thanks.

[tobee43]

i vote for #2....the long one is way too long, they will put it down before they get to the end.

kinda like my C&D letter LOL!

[tobee43]

My debt was just turned over to CA from OC, and this is my first 30 day DV, so I dont know of any judgements yet

thanks.

good, for some reason i thought there was one.

[slvnomore]

Thanks for your vote! I appreciate it!

[slvnomore]

Here is another one a buddy of mine used that is in the LONG school. But he likes to fight! Thoughts?

Hope all these are useful to some others looking for the right DV. Cause I gotta pick one and mail it certified by tomorrow!


Dear INSERT COMPANY NAME,

I am writing in response to your (letter or phone call) dated {insert date}, (copy enclosed) because I do not believe I owe what you say I owe.
This is the first that I have heard from you, or any other company on this matter therefore, in accordance with the Fair Debt Collection Practices Act , Section 809(b): Validating Debts:
(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.

I respectfully request you provide me with the following information:
 (1) the amount of the debt;
 (2) the name of the creditor to whom the debt is owed;
 (3) Provide a verification of the debt or copy of any judgment
 (4) Proof that you are licensed to collect debts in the State of Illinois

Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the
Fair Credit Reporting Act. For instance, I know that:
 because I have disputed this debt in writing within 30 days of your dunning notice, you must
obtain verification of the debt or a copy of the judgment against me and mail these items
to me at your expense;
 you cannot add interest or fees except those allowed by the original contract or state law;
 you do not have to respond to this dispute, but if you do, any attempt to collect this debt
without validating it violates FDCPA.

Also, be advised that I am keeping very accurate records of all correspondences from you and your company including recording phone calls. I will not hesitate to report violations of the law to the Illinois Attorney General, the Federal Trade Commission, and the Better Business Bureau.

I have disputed this debt; therefore, until validated you know your information concerning this debt is inaccurate. Thus, if you have already reported this debt to any credit-reporting agency (CRA) or credit bureau (CB) then, you must immediately inform them of my dispute with this debt. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDCPA.

Finally, if you do not own this debt, I demand that you immediately send a copy of this dispute letter to the original creditor so they are also aware of my dispute with this debt.

[tobee43]

my vote is still for the short but sweet!

[ValleYum]

my vote is still for the short but sweet!

I vote with tobee!!

Life is too short to worry too much about the content of a DV letter outside of the major items required by FDCPA.

I have had some fromos (AKA: frozen moments) but have found that the resulting backlog from those just makes everything worse. Now I do my best to get it done and get it gone from my To Do List!!

Take care!

[frogger]

The collection agencies know about the law and it is not necessary to quote it to them. When you do that, they are aware of the fact that you're doing an internet copy/paste. IMO, a total waste of time.

Dispute the debt and request that they cease and desist. When you state that it's "inconvenient" to take calls, you have not requested for them to c and d.

Short, specific, and to the point....