• Posts

  • Joined

  • Last visited

Profile Fields

  • Location

rebuildincredit's Achievements


Member (2/6)



  1. Guy was a real d_ck on the phone to me. Basically said they did me a favor with their last offer. Also said that they are a firm representing LVNV. THe Firm does not report to CRA's and if I pay the FIRM, they will send me a letter in 15 days stating PIF that I can submit to CRA's. I asked that since they represent LVNV, wouldn't LVNV report it as paid. He stated he does not know what LVNV will do. That is when everything fell apart. He said ":make an offer close to the orig amount $500", I offered $300. He put me on hold to "contact the client,(ya Right, probably took a donut break!)" and then came back and told me that my offer is declined and the only thing they will accept is a full payment and noted my account as such. He said if I do not want to pay in full then they will refer to their legal dept. Not sure if this is an option but as a last ditch effort should I contact LVNV since it is their account and work it that way?
  2. Well, the firm is not willing to accept any settlement. They said their last settlement offer expired last month and the only thing they will take is payment in full. Threatening to sue. Now what
  3. I am wanting to settle and need advice. I need a letter or wording to ask for when making a settlement with a CA. They will not PFD and a lawsuit is probably coming. This was a CC that went delinquent in May 2008, SOL is 6 yrs so suit would come very quick. OC charged off "0" balance, sold to LVNV which tried collecting and now has a local law firm on me.(they are known to file suits even for my low amount of $500) The letters from the firm say "We represent LVNV Funding, which has been assigned your former******** credit card account number######. To assist with proper crediting of your account we request that all future payment on the account be made to "local law firm" If I pay the law firm, am I assured that LVNV will update the account? or how do I make sure this will happen? If I agree to a settlement amount, how do I prevent the balance from being "sold off to another collector"? Any letters, special terminology etc that I should use?(or should I have them draft me a letter and then have the forum have a chance to review it?) Since the original collector is the CC company and they now show a 0 balance and it has been sold off to a CA, It is my understanding that this debt will come off of my records in mid 2015 if I pay,(since they will not do a PFD. ) I appreciate the help-- I really want this over.
  4. Well-- I made contact, The firm representing LVNV will not do a PFD. Remember, original debt is with CC company who Charged it off(report shows it) and sold it to LVNV. They have since hired a collection agent. LVNV is showing past due. So , here is my dilemma. Will this fall off of my report if I pay it in full (or Make a settlement for 0 balance) in the 7-7.5 yrs from original delinquency(May 2008) OR will this reset if I pay it now and not come off the report until 2021? Anyone else?
  5. Lets start over-Legitimate Collector. Original debt with a credit card, this is due to hit the 7 yr mark from the time it went delinquent in May of 2015. If I pay this off now , will this reset it being on my report for 7 more years from the date I pay it or will it come off of my report in May of 2015(7 yr mark from going delinquent?) Once I have this answer, I will talk about the Michigan Statute
  6. Nobody has replied. i am hoping that I would get some advice on this. anyone?
  7. Ok- Let us set aside my debt situation and if I should pay etc. Here is a scenario that I would like to look into. A CA is trying to collect just $500 for a CC debt that has been charged off. I have 5 months left on SOL and 17 months or so for it to come off of my report. Rather than risk a lawsuit and judgement etc., I am considering this: In Michigan, it is my understanding that the clock is not reset on SOL if a payment does not include written documentation or contract of making payments. (1 of 18 states that have this kind of law) What if someone pays the balance for me( friend) and does not include a contract etc-- just makes a reference that this is for "_____myname_____" on the actual payment. Would this prevent a resetting of the clock for it to stay on my report? I am unsure of the statute for Michigan and am looking for some clarification. Any legal opinions for someone that is soo confused by the Mich statutes
  8. Well, today I called stenger, and they wanted to settle however for a pif. I told them it was not my debt and would like for this to go away. CA would not do a PFD. And claims tthat if i settle, he will give me a letter stating the PIF 15 days after we settle. They do not and will not report it to the CR, I HAVE TO. I reiterated it is not mine and I am not going to settle for something that is going to stay on my report. He says". Well,I can note that you are disputing this and they can send me documentation. It will take 4 or 5 weeks.". I told him that I want to dispute, and he says they will contact me when they have the paperwork. Now what do i do
  9. So, if the CA will not agree to a PAY FOR DELETE, ccould I just send a payment for the total amount owed with a refererence to the account number and not trigger a new SOL. Tthat way it will be off of my report in May of next yr. 7 Yr mark. I would pay by money order with just the account number on the.check. It is only $500. Sure I would would love to settle for less, but unless it is a PAY FOR DELETE, the settlement will trigger a reset of the SOL
  10. As posted in this forum, I have a CC that was charged off to 0 and now is being pursued by a CA. This account went originally 30 days late in jJune of 2008. Sol is 6 yrs, may of 2014 it will come off the report. current CA is most likely going to sue soon. If I decide to," deny this is my ddebt to the CA but to make them go away agree to settle this for a one time payment, will I reset the SOL. I see Michigan is 1 of 18 states that have different law concerning this. I would get in writing that this would be paid with no acceptance of debt on my behalf and no further collection( unless they agree to PFD , in which case I do not need to worry about this). I really want to prevent a suit from being filed
  11. Their first letter was in mid August, and I just ignored it. Being only $500 with the SOL coming, I figured they wouldn't go to court. After reading this forum yesterday about going after others will a similar dollar amount and the fact they are just down the road from me, I feel the heat. bmc, I read how you were able to beat these guys, but I am not sure I want to risk a potential judgement vs settling with a pfd or pif and then knowing this thing disappears from my report in may 2015. Capital 1 will also delete at that same time(they show it as a 0 balance with a chargeoff) This will leave my report clean of all negs. I would consider a letter of validation, but we are long past the 30 days and just don't want to end up on court.
  12. More info: Was a Cap 1 card, last payment in may 2008, sold to lvnv and now Stenger and Stenger has it.. They took over in August and I am concerned as SOL is up in May and their last couple letters starting saying"review by their attorney" . Last letter gives me until Thursday to Settle this. I can afford to, just want strategy and advice on how to possibly get this removed from my account and how to deal with Stenger. They are right here in my backyard so I anticipate this escalating to a suit quickly, especially since the SOL is coming in may 2014. 1. Who is the named plaintiff in the suit? Not a lawsuit yet. LVNV 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Stenger and Stenger 3. How much are you being sued for?$500 4. Who is the original creditor? (if not the Plaintiff)cAPITAL 1 5. How do you know you are being sued? (You were served, right?) Not yet, but I have received 3 letters since aug, and have until this Thursday to take a settlement 6. How were you served? (Mail, In person, Notice on door) 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? 9. What state and county do you live in?Michigan 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2008 11. What is the SOL on the debt? To find out: 6 years in Michigan Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits ====================================================
  13. I can settle and will because I do not want to risk a judgement. I just want to know what to say to them. Thinking " I do not believe this is my account, but I would rather not deal with this. Maybe we can find a way to work this out. I will settle for xx amount if you can delete this from the CRA's."
  14. My original post is in the Collections area--Please look at it. "Capitol 1-now LVNV has Stenger&Stenger putting heat on me " I would appreciate any help as I have a timeline of this Thursday to reply to them. This is still in collections but I have a feeling they are going to file suit soon.