Sending out my first VOD w/ question:

[juststartingout]

Below is a copy of the letter I have composed to send to a CA on a pastdue account. The 30 day is almost up. Before reading it let me inform you that when they addressed it, they did not spell my name correctly on there and it makes it look like a whole different person. ie - it is a man's name not a woman's. I don't know what to say about that matter. Seeing as this is my first time sending one out, how does this sound? Am I "doing" it right



To Whom it May Concern:



I am writing in regards to your notice that you are attempting collection on an alleged debt. Who are you? I have not requested business with your company. I would like “Certified Verification” of this debt, pursuant to 15 USC 41 subchapter V.



Also, you state that V... ROSE is one of the alleged debtors on this File. I do not know who this person is. I do not share any accounts with a V... ROSE.



I appreciate your prompt attention to this matter. Please note the details below that you will need to retrieve the information on this account:



Regarding: ....

Amount due: ....

File Number: 05 017153911

[juststartingout]

bump

[RICKY]

BE SURE TO PUTIN A DEADLINE.....





SOMETHING LIKE:



"TIMELINESS IS OF THE ESSENCE. NO RESPONSE WITHIN 30 DAYS WILL BE YOUR TACIT ADMISSION THAT THERE HAS BEEN A MISTAKE AND THE ALLEGED DEBT IS NOT MINE AND ANY REPORTS OF SUCH TO CREDIT AGENCIES INVOLVING MY NAME WILL BE DELETED AND WITHDRAWN.."



OTHERS ON OUR SITE MAY HAVE BETTER WORDING, BUT I'D CERTAINLY INCLUDE THE TIMELINESS PHRASE TO BUILD UP A CASE. IT IS THE LAW.



RICKY

[juststartingout]

thank you.. I didn't know if I needed to put that in there b/c I *thought* I had read in FDCPA that 30days was automatically assumed. I'm probably thinking of something else though.



SHould I also write in there that I don't wish to do business with them and to cease communications? Or just leave it at the verification?

[seeker]

I would remove the reference to "I do not share an account..." This could be misconstrued and I would eliminate that reference. I would, however, ask them to verify that your are the person they seek (which, obviously, you are not) I would also make sure to put on the doc that this is a private communication in his/her personal capacity as well as his public one. Also, include a sentence that says "Silence is acquiesence" Meaning, if they don't answer you, your facts are true and correct -- you are not the person they seek, there is no valid verifiable debt and they are intruding in a private matter. Also, perhaps at the beginning you might want to say, "this is my timely response to your correspondence of (date).

And, include the word "alleged" in front of the account number -- I would NOT include amount -- that is a matter of contention that you are demanding them to verify -- if you put it in your letter as you did, again, it may be misconstrued.

Great job!



Seeker

[juststartingout]

"I would also make sure to put on the doc that this is a private communication in his/her personal capacity as well as his public one. "



I guess I don't understand what this means exactly. I have some guesses, but am not positive.

[seeker]

hopefully, your letter is signed by a "living soul" not just the XYZ corp or whatever. If not, this response should request that any further communication regarding this matter be sign by a living soul. It's if-y if they will, as this will give you a name for a real live soul to hold accountable. That is why you put them on notice that you are contacting them in the personal, as well as public (work) capacity. If they screw up, you are willing to hold them accountable. Also, you now have a real live contact within the org to notice for certified/register mail etc. No stating we didn't recieve it -- always send you notice via certified/registered mail with notification. then you have the name of the person who received it and when. No hedging. My letters always say DEMAND FOR VERIFICATION at the top along with the other info -- personal com., silence is ..., RE alleged account # etc. So far I have received no responses, so by their silence, they have agreed to my claim that they are trespassing in a private matter and have no verification of their allegations.

Write the letter, sit back for a while then read it again -- read it as if you were receiving it -- what action are you demanding? What would you need to do to fulfill it? Are you using the correct words? VERIFY -- not validate. Alleged -- not Dispute -- As Jerseee says do NOT argue -- demand their proof! According to law/code -"the burden of proof lies with the person making the allegation" So always remember -- PROOF IT!



Seeker

[juststartingout]

Thank you so much for your help!!! I'm now sending the letter off...



Oh, and thank you for expaining that personal/public capicity. I was thinking along those lines, but not in regards to everything you said.

[Ice]

Check the downloads here section for the "Affidavit of Default". This will supply you with many clues as to what you should "notice" them of.



Ice

[juststartingout]

Well, got my reply -well, NO reply - from the debt collector. Just their template letter saying to pay up or they'll start calling. The name on the account is STILL incorrect, they didn't verify, ask for dispute - no nuthin'! Gonna have some fun