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What do I do about this letter from a law firm/CA?

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jtcarpenter

Joined: 11 Jan 2010
jtcarpenter's page
Posts: 36

662 Magic Points

Subject: What do I do about this letter from a law firm/CA?

Mon Jan 11, 2010 4:09 am

I received a demand letter from a law firm claiming to represent Capital One regarding a debt of $5097.00. The letter states that I have 30 days after receiving the notice to dispute the validity of the debt.

What do I do? Do I write asking to dispute the debt? Should I send a pay for delete letter to the CA or to Capital One? I am expecting funds to come in within the next 60 days or so to pay the debt in full but now I am wondering if I should not just try and negotiate it down or just pay it and be done with it. What should I do?

cinnamngrl

Joined: 01 Nov 2008
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Posts: 1455

6339 Magic Points

Subject: do not pay yet

Mon Jan 11, 2010 10:31 am

First you send a DV letter. Do you know what that is? it is a special kind of dispute.
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jtcarpenter

Joined: 11 Jan 2010
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Posts: 36

662 Magic Points

Subject: do not pay yet

Mon Jan 11, 2010 4:30 pm

I have no idea what a DV letter is. I am totally new to this. What do I do?

cinnamngrl

Joined: 01 Nov 2008
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Subject: dv letter

Mon Jan 11, 2010 6:00 pm

I am at work and on my BB. If you go through the link in my signature, there is page that has a link to my ehow about DV. There are also stickies at the top of this forum. I can explain more when I get back from work.
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jtcarpenter

Joined: 11 Jan 2010
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Subject: dv letter

Mon Jan 11, 2010 10:16 pm

Thank you. Any and all assistance you can provide will be most welcome.

jtcarpenter

Joined: 11 Jan 2010
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Posts: 36

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Subject: dv letter

Mon Jan 11, 2010 10:28 pm

Also, what if the demand letter was sent to me without any proof of delivery from the law firm/CA? Can I require them to do this?

cinnamngrl

Joined: 01 Nov 2008
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6339 Magic Points

Subject: 809

Tue Jan 12, 2010 12:08 am

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cinnamngrl

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Tue Jan 12, 2010 12:10 am

creditinfocenter.com/rebuild/debt_validation.shtml

Link deactivated as per TOS
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cinnamngrl

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Tue Jan 12, 2010 12:13 am

http://www.creditmagic.org/repair/sampleletter-debtvalidation.html

here is a credit magic link
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cinnamngrl

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Tue Jan 12, 2010 12:15 am

Quote:

Also, what if the demand letter was sent to me without any proof of delivery from the law firm/CA? Can I require them to do this?

I suppose but it won't help that much.
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jtcarpenter

Joined: 11 Jan 2010
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Posts: 36

662 Magic Points

Subject: dv letter

Tue Jan 12, 2010 12:32 am

So let's say I send the DV letter and they respond with all the information requested. Then what do I do? Start trying to negotiate? And I am assuming that I should wait as late within the 30 day window that I have to respond as possible? And were they required to send that demand letter with some sort of proof of delivery?

cinnamngrl

Joined: 01 Nov 2008
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Posts: 1455

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Tue Jan 12, 2010 1:34 am

it depends on how things are going. The CA can keep calling until they receive the DV letter.

The law does not describe proof of delivery for letters from the CA or to the CA.

The appellate court has even assumed that the consumer verbally made a DV request

I have never heard of a CA being sued for failure to prove delivery of a initial dunning letter.
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jtcarpenter

Joined: 11 Jan 2010
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Subject: DV letter

Tue Jan 12, 2010 2:48 am

thank you so much for your help. I got word today though that I will likely be receiving the funds I have been expecting in about two weeks that would enable me to pay off the entire debt. Would you recommend that I just send a pay for delete letter directly to Capital One and bypass this law firm/CA altogether? Or would it be best to send the DV letter, get a confirmation in writing from them that they are indeed representing CapOne, and then try a pay for delete approach?

cinnamngrl

Joined: 01 Nov 2008
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Posts: 1455

6339 Magic Points

Subject: no

Tue Jan 12, 2010 3:01 am

Send the DV letter. you can call Capital one and ask if they sold the account. You need to pay the person that will give you best deal. The CA might settle for less. So might Crap 1 (i doubt it). find out if this is on your credit report
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jtcarpenter

Joined: 11 Jan 2010
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Posts: 36

662 Magic Points

Subject: DV letters sent...now what do I do?

Sat Feb 20, 2010 8:34 pm

Hello again... I sent the DV letter just as you suggested and the calls have stopped. However, its now been 3 weeks and no response. Although, from what I have read, that is par for the course. I was wondering, though, assuming I do get a valid response, then what? I had been thinking that responding with a PFD request would be best but wouldn't that alert the CA that I had the money to pay and cause them to dig in their heels if they refused the PFD or claimed they could not do it? What is the best way to start this negotiation when and if it comes?

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