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Early/Mid May 2021 sent a DV letter to Cavalry re: collection account. Letter requested statements and account agreement. About one week after green card was returned signed to me, received a letter via usps non-certified mail (basic us postage) stating that Cavalry didn't "accept" my reasons for disputing the debt (it was a DV letter!) and that the account in question was in the hands of their attorney. Am I correct that neither of their responses are an appropriate (legal) response to my DV letter? Are they not legally bound to provide me a statement of amount owed and a copy of the original account agreement per law? If I am correct, is their refusal to provide debt verification/validation in and of itself a FCRA violation? Guidance is appreciated.
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Got a dunning? / intent to sue letter from a "Debt Collecting Law Firm" (Winn Law Group?) I'm about to send out this Validation letter. Is it too much? (I added parts of sample letters that I found through my research, then changed & added wording here and there. Full credit to the original writers of the parts I implemented.) ----------------------------------------------------------------------------------------------------- Me DCLF Date: Thursday, January 11, 2018 CRRR#____________ To Whom It May Concern: This letter is being sent to you in response to a letter I received on 01/11/2018 that was dated 01/04/2018. [Copy enclosed]. This is the first letter I have received from your company. As such, please note that this is not a refusal to pay, but rather a statement that your claim is disputed and validation is demanded. (Pursuant to the Fair Debt Collection Practices Act, & the Rosenthal Fair Debt Collection Practices Act) This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Titles. 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 reported invalidated information to any of the 3 Major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company I will seek counsel for legal action against you for but not limited to the following: · Violation of the Fair Credit Reporting Act · Violation of the Rosenthal Fair Debt Collection Practices Act · Violation of the Fair Debt Collection Practices Act · Defamation of Character If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 calendar days to investigate this information. During this 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 my legal counsel for suit. This includes but is not limited to, any listing of or information that is otherwise submitted to any of the 3 Major Credit Bureaus that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 calendar days from the date of your receipt, a complete withdrawal, in writing, of any claim & all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request sent to the 3 major Credit Bureaus shall be sent to me immediately. In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities, the BBB and State Bar associations for violations of the FDCPA, FCRA, RFDCPA, and Federal and State statutes including but not limited to fraudulent extortion. I am also requesting now, in writing, that no telephone contact be made by your offices or any other third party you may be affiliated with to any phone number your company or any of your company’s affiliates believe I may be associated with including but not limited to, my home phone, my place of employment, my cell phone, my spouse, my friends or anyone that could be considered family whether immediate or extended. If your offices attempt telephone communication with me directly, or via any of the entities previously mentioned, it will be considered harassment and I will seek damages. All future communication with me MUST be done in writing and sent to the address noted in this letter. Lastly, I also hereby reserve my right to take private civil action against you to recover damages. Best Regards, Me My address Please send all correspondence to the above address =============================================================================================== ALLEGED CREDITOR/DEBT COLLECTOR DECLARATION Please provide all of the following information and submit the appropriate forms and paperwork within 30 calendar days from the date of your receipt of this demand for validation. (For the matter of this declaration, Me hereinafter shall be referred to as “Alleged Debtor”, DCLF hereinafter shall be referred to as “Debt Collector”, and That One Bank hereinafter shall be referred to as “Alleged Creditor”) Name and Address of Alleged Creditor:______________________________________________________ Name on File of Alleged Debtor: _____________________________________________________________ Alleged Account #: _____________________________________________________________ Address on File for Alleged Debtor: ____________________________________________________________ Amount of alleged debt: _____________________________________________________________ Date that this alleged debt became payable: _____________________________________________________ Date of original charge off or delinquency:___________________________________________________ Was this debt assigned to debt collector or purchased? ____________________________________________ Amount paid if debt was purchased: ___________________________________________________________ Commission for debt collector if collection efforts are successful: ____________________________________ Please indicated any credit bureaus to which you have reported on this account: Experian ______ Equifax ______ TransUnion _____ Please attach the following documents: 1. A copy of the agreement with Alleged Creditor that grants Debt Collector the authority to collect this alleged debt. 2. A copy of the signed agreement Alleged Debtor has made with Debt Collector, or other verifiable proof that Alleged Debtor has a contractual obligation to pay Debt Collector. 3. A copy of the agreement that bears the signature of Alleged Debtor, stating that Alleged Debtor has agreed to assume the debt. 4. A complete itemization of all charges (i.e., principal, fees, interest) on the alleged account. 5. Proof that the Statute of Limitations has not expired. 6. Complete payment history on this alleged account along with an accounting of all additional charges being assessed. 7. Proof that Debt Collector is licensed to collect in the state where Alleged Debtor resides. 8. The license numbers and Registered Agent of Debt Collector. Have any insurance claims been made by any creditor regarding this account? YES NO Have any judgments been obtained by any creditor regarding this account? YES NO Please provide the name and address of the Bonding Agent for Debt Collector, in case legal action becomes necessary: _____________________________________________________________ ____________________________ Authorized Signature For Alleged Creditor/Debt Collector ______________________________ Date NOTE: You must return this completed form along with copies of all requested information, documents, assignments or other transfer agreements, which would establish your right to collect this alleged debt within 30 calendar days from the date of your receipt of this letter. Your claim cannot and WILL NOT be considered if any portion of this form 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 & the Rosenthal Fair Debt Collection Practices Act. Please allow 30 calendar days for processing after I receive this information back. ==================================== ==================================== Please comment! I want to send this out in the next 3 hrs. Thanks for reading!
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This isn't my first rodeo. I have a thread here for my own case (which I won) and am now at the point of filing for Proposed Judgment of Dismissal to get my costs back. Thanks to Calawyer and RyanEx for your help with the drafts! Now to the point why I'm posting. Midlund Funding is suing Hubby for a debt that's smaller than what I had been sued for by about $200 and change. He has sent a BoP, a MTC when they responded with almost nothing, and filed a GenDen, gotten a Trial Setting Conference date, and he's in the middle of Discovery. They've responded to his First Set RFP with more paperwork than they had to the BoP and MTC. This time they've included copies of letters he sent to get VALIDATION (not verification) of the alleged debt, and when they failed to respond, he wrote them another letter with the same request, and they, again, failed to respond. This happened at the beginning of this year, according to the dates. Now the kicker: they've included a copy that they've notified him that they bought the account (7/1/2016 - never received), a copy that Hunt & Henriques that they're handling the Midland account (10/29/2015 - never received) and a copy of their "Intent to Sue" dated 12/22/2015 (received). We did NOT receive the first two letters (and it's questionable they even sent these) but Hubby did receive their letter (along with family Christmas cards) for their intent to sue. Hubby sent a DV on 01/07/2016, which they didn't respond to. When no response came, he got nervous and sent another DV on 03/21/2016, which they also ignored (my guess is, they were planning to sue all along). My question: HAVING THESE COPIES, HOW DOES HE RESPOND TO THEIR DISCOVERY, SPECIFICALLY THE NO. 14 and NO. 15 of the ROGS? No. 14: Have you ever corresponded with Midland Funding LLC in writing regarding THE CREDIT ACCOUNT? Should he here mention the DV letters he's sent since they have copies? No: 15: State all facts upon which you base your denial of the complaint in this action. Should he just respond with "Based upon the foregoing objection, defendant responds as follows: DENIED." I will appreciate any and all help. He must mail back the responses to plaintiff's ROGS, RFAs, and RFPs by Friday, November 4 which marks the 35 days after they sent their Discovery, but I don't want him to be late. PLEASE HELP ASAP.
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I was looking at my credit report and the payment activity from Sallie Mae\Navient doesn't add up in my mind. Can I get a creditor to prove that I made a payment or acquire a receipt from them? I would also like to use that to help further validate the DOLA.
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Hello, everyone I've been reading your forum for over a year and I am forever grateful to everyone posting useful info as it helped me a lot (can't go into details, signed NDA). But here's what I am dealing with today: I received a letter from CA on the account I last paid in 2012. OC sold the account and this is JDB#4 I am dealing with with. Others went away after my first DV letters, but this one decided to stick around and answered my letter providing OC name, account balance, last payment date, etc. New "creditor" is JH Portfolio, letter is from a law firm acting on their behalf. I pulled my credit report today and found that OC deleted the account JDB is trying to collect on. It does not exist on my CR (all three agencies). Question: does the fact that account was deleted by OC change how I deal with JDB? This is something I've never dealt with before, so I need your advice. What would you, guys and gals, do?
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Worth a DV letter with goal of repairing credit report?
christophera posted a topic in Credit Repair
Hi all, I have an old debt (about $6000) from a Chase credit card, the collection has been placed with Calvary Portfolio. Calvary has not harassed me about it. Just a letter or two in the last 6 months. I think it is time-barred Last payment was on 9/2010, I'm in Florida. I've read conflicting info on the Florida SOL, either 4 or 5 years. I'd like to repair my credit report and this is the only negative item on it. I can not afford to pay for delete, but would certainly like to start afresh. It is estimated to drop off my credit report on 8/2017. It is worth sending a debt validation request to Calvary to see if they have what is required and ask them to remove it from my credit report if they don't? Considering it is Chase and them, I would expect they would be very organized and have what they are required to, no? If I send a DV letter, might I be opening a can of worms and end up later regretting that I stirred the hornet's nest, since they are currently leaving me alone except for the bad credit report? Thanks for any thoughts on this.- 5 replies
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So I have checked all 3 CRAs and I'm finding discrepancies. For example, a CareCredit loan for $1,212 is reported as Charged off-Derogatory on one CR and Charge off-Transfered/Sold and Closed 03/13 on another. Can I dispute this because they are different and maybe get it removed? Also, I've never been contacted by CareCredit or a CA trying to collect this debt and no one has reported it since CareCredit closed the account. I want to pay it and get the CO removed, but my CR says they sold it and there is no reporting of who owns the debt so I don't really know where to go from here. Another is a Wells Fargo education loan for $6,515 that became CO in 2013. This was a loan I got in August, 2007 for school, originally through Wachovia. This loan is being reported twice. Once as opened on 08/27/07 and closed 12/05/09 "Due to Transfer". Then again as opened in 09/17/07 and "CO-Derogatory" 03/29/13. The only reason I can think of why this would be is Wells Fargo bought Wachovia during that time so they transferred it to their system or something, but then I don't get the open dates being different. Then on another report it shows the 2007-2013 loan as "Open-Collection/Charge off. They are still reporting every month as a CO. They are also reporting Closed to one CR and Open on the other two. I haven't had the money to pay them and have been hearing mixed reviews on getting them to PFD. I haven't thought about sending a DV either because I'm sure they have everything to back up the debt being mine. I want to report all of these discrepancies to see if I can get the CRAs to just remove the CO, but I'm afraid that will just wake the beast and have them on my tail again. They haven't sent me any letters in two years. I do get phone calls from 877 and local areacodes, but I never answer and no message is ever left. I also have a bunch of reports of late payments from Sallie Mae. This shows up as 7 different missed payments bc the student loans were in lumps of 5k, 3.5k, 2k, etc but they were all Federal Sub/Unsub loans. They were never sent to collections and I consolidated through Fedloan and the account is in good standing. I wanted to call Sallie Mae to ask to remove the reports bc they never went to collections and I consolidated but I'm not sure if there would be any luck. Thoughts? The last thing is a Perkins loan through my University. It went CO and then assigned to what looks like on my report as 3 separate CAs. When I consolidated all my loans, I convinced my university to take the loan out of collections so I could consolidate. They agreed and I was able to federally consolidate that with the Sallie Mae loans. All accounts show "Paid Collection", but the university still shows "Collection/CO" too. I'm going to try to see if they will remove this, but no idea. Now, the 3 CAs are showing up as FIRSTSOURCE ADVANTAGE, LLC, ONEADVANTAGE, and the third as just FIRSTSOURCE. The first two are the same company reporting the same debt. FIRSTSOURCE is one that was reported removed October 1st, 2015 but I can't tell if that's the same company too. I can dispute these and get them removed, right? I need to clean all this up as much as possible so any advice will help. Thanks!
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Attached is my rough draft of a DV letter that references the TEXAS FINANCE CODE, I've pieced it together from this and other forums examples, trying to cover all my bases so I don't end up screwing my chances of getting this collection removed. I would appreciate any advice to improve it that anyone can offer. collection.docx
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In January of 2013 I had a bill that needed to be paid and I thought I had taken care of it. I hadn't received any more notices after giving them full payment so I went on with my life. Now it is February of 2015 and I just received a notice in the mail from a collection agency saying that I had never paid this debt. WHAT!!! I was so infuriated when I called this company because I DID pay this debt. The lady told me that they had sent the debt to them in October of last year. I am in the process of sending them a request for debt validation and also a dispute for this debt. My question is, what are the legal time frames of both the hospital and the collection agency? I just don't feel like any of this is right. 1. The debt was paid when I got the bill. 2. They waited almost 2 years to send it to collections. and 3. It was sent to this agency in October and I never received a phone call or a letter stating I was in collections until February. Any and all help is much appreciated. I just want to know if anything illegal happened while I'm in the process of disputing this debt.
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I opened my mail box today morning and found a 1099 B of A. It has last years date on it with a not saying cancellation of Debt. How do I go about question the authenticity of this debt? Do I send them a DV letter asking them to prove that this was my debt? I have already disputed the debt with the Experian and I came back “validated” but I have received any collection letter of phone calls from the OC nor have I and JDB contact me. Whats your advice? Can anyone refer me to where I can find some helpful information? Thanks
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Hello, I sent my DV request on May 26, 2014 and just now received a response. The response included the usuall sloppy work which included: Copy of the card agreement A screen print of what appears to be their mainframe system (my account record at the DC) Lastly an Affidavit (see attached) that was notarized and signed on July 8th, 2014 in MO Is this enough proof or can I take the next step and resend a letter indicating that they are in violation of FDCP s.809. Thank you for your help.
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Hello, What a great forum. I have been looking it over for about 5 weeks now and researching what I can and trying to search for my answers .. Here's a brief history of my story/problem. My husband was attending a really crappy tech school, they gave us a private loan through them. My husband stopped going to this school. They are trying to bill us for the whole time of the program even tho he went only half way. While he was still in the program (right as he was getting ready to quit) I asked the school for a breakdown of what we owe so I can dispute it. The financial aid office and business office told me they offer no such breakdown and were just clueless and rude. At that point I decided to stop talking to them and deal with it if it went on to collections. My train of thought was they would not have enough records to fight me back on this. Ok a year later we received our first collection letter dated 7/18/2014 from Williams & Fudge, LLC. I came to this website and researched what to do, at that time I sent a DV letter (the template I found on here under samples). I did send it CMRRR, it was signed for by them on 8/15/2014. I received no response at all from the CA. The calls had stopped. Well yesterday I went to draft up my follow up letter to the DV. I pulled my husbands TU report and saw the CA had reported him for the first time on 9/17/2014, so after they signed for the DV letter. AND I couldn't believe it but the phone calls started back up as I was researching what to do next, what a coincidence! I know it is a violation to report on his credit until they validate the debt.. Anything else I should take note of? After sending the DV from this site, I have learned the form I used may have too much mumble jumble, so I am not really concerned they started calling again, I am concerned they are now reporting to his credit for the first time without validating the debt. The OC never reported it to any of the 3 bureaus, I had pulled all 3 of those before drafting the DV. I was only able to pull TU for free yesterday so I am not sure if they have reported on EQ and EX since. So besides the DV follow up letter, is there something else I should do at this point? Thanks so much I am in California
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Hello everyone, I sent a DV to the CA and they responded as follows: We have requested your letter of dispute reagrding the referenced account. Please be advised we have closed and returned your account to OC. If we had previoulsy placed a negative report on your credit regarding this matter, consider this your notice that all CRA have been notified to delete this reference from your credit file. Any further questions regarding this account should be directed to OC. Is this good? Do I wait until their next move now? Thanks for your input.
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Greetings, I won't bore you with all of the details of 7 of the 8 collection accounts I found in my credit reports when I begain this adventure on May 12, 2014 or so, but I'll include a link to a post where I'm documenting my victories one at a time here..... http://www.creditinfocenter.com/community/topic/323902-successfully-paid-3-original-creditors-in-full-but-ca-accounts-still-showing/#entry1298069 I read more than a few posts regarding the ethical duty to pay debts that are legitimate as opposed to trying to simply trying to not pay monies that we owe,.and felt compelled to pay the debts that are mine, with the exception of this last remaining collection account. Of the 8 collection accounts I started with, I have only negotiated or paid 2 CA's. I paid monies to the original creditors, as they are who I was indebted to, ethically. My last account is with Asset Acceptance. The original creditor was Beneficial. I obtained a $10,000 credit line with them back in 2006 or so. In 2007/2008, I went through business hell, began the process of trying to save my home, which failed. At that time, Beneficial was the least of my financial worries. I have no documents from Asset Acceptance. No phone calls. Disputed with the CA's. Verified. I have sent a DV letter to Asset, CMRR, but am anticipating the typical response/letter. Asset reports the account as "opened" in Aug 2010, meaning that's when THEY started reporting this account to the CRA's. The actual Beneficial credit line accout is not on any of my CRs. (thankfully) They are reporting a balance of $13,600 and it appears to grow by approximately $150 each month. I would attempt to settle this for less than the amount, and will if possible, but every posting I read regarding Asset Acceptance includes lawsuits, and motions, etc, etc. I am obviously in the waiting stages of the DV response from Asset Acceptance, but I want to be prepared for my next steps. Ideally, if I can take care of this for $2500 or so, I would be thrilled. Can anyone let me know if they have had success settling a debt with Asset Acceptance for less than the amount? Keep in mind I have not been receiving letters, phone calls or anything else from them. I'm certain I have awoken a sleeping giant, but I need to resolve this last, remaining and somewhat large collection account for employment purposes with my new job/employer. Sorry for length of post. I know that's a no-no.
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- CA
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This pisses me off... Discovered an old utility bill for $847 from a state a used to reside in, stemming from walking away from my old home in 2008 (foreclosed). Discovery was made when I began this credit report rehab project on May 6th or so. Account was listed by a CA in Oregon, with an amount of $1072. I had/have never received a phone call of piece of mail from them.....ever!!! I had the money, so I called the actual utility company to see if they would take my payment, hoping this would give me leverage to remove the CA and avoid the interest. They gladly accepted my payment for $847 and mailed me a receipt. I also DV'd the CA, after. I received a DV response from the CA stating the typical DV response, as well as a line stating that I have 14 days to contact them and make payment arrangements or they will proceed to the collect the amounts owed at the "clients discretion". The second page highlights payment made amount of $847 with a remaining balance for interest charges of $231.19. I sent a goodwill letter to the utility company, CMRR, stating who I spoke with, including that I paid the balance in full according to the people that I spoke with. They called me yesterday. They advised me that my balance was zero, but that I would need to contact the CA to make arrangements for the interest, as it is not part of their billing system, they have power to instruct the CA what to do, etc. I pushed back a bit, but it was going anywhere. Furthermore, and I do realize that they have 30-45 days to report any activity, NO ACTIVITY has been updated or reported on this TL. Payment was accepted on May 8th. I already disupted this with the CRAs. My thought is to send a response letter to the CA, but I'm not sure what to write/include, other than I'm pissed off, and I know that strategy won't get me anywhere. My objective is not to just get this thing reported with a zero balance, but to have it removed entirely. If I send a follow-up dispute to the CRA's, including a copy of the receipt showing payment to the original creditor, I don't know who the CA is, etc.....will that work to have it removed? Thanks for any and all guidance.
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As we all know midland bought out asset. i have an open case with asset and recieved a sort-of dunning letter from midland informing me they were taking over the case. some notable features of this letter: -they informed me 'the account wiill be handled directly by MCM as servicer for asset acceptance, thru its internal legal dept. MCM's in-house counsel has filed or will be filing a substitution of attorney with the court. The back says "As the owner of this account, but subject to the rights below Asset Acceptance LLC is entitled to payment of this account". - Is this considered to be a 'Sale of Debt after 1/1/14' and subject to California's new Fair Debt Buying Practices Act? Doesn't sound like it but I'm open to all remedies. -they requested that if i had filed an answer with the court that i should forward them to midland - I imagine I'm not obligated and its their problem to acquire any documents filed with the court that have been properly served to Asset? -back of letter has standard dunning 'Unless you noitify MCM within 30 days after receiving this notice that you dispute the validity of the debt, MCM will assume this debt to be valid. If you notify MCM, in writing....that the debt is disputed, MCM will obtain verification of debt or copy of judgement and mail you a copy - I know i normally wouldn't DV in an active lawsuit, but am i affording myself any extra options by doing it here? thanks
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the letter is from a new collection agent for a debt held by Discover as OC. It has the much sought-after verbage that 'this debt is out of SOL and legal action cannot be taken'. Since its a new collection agent i will be sending them a combination DV/ cease and desist. I guess i would not call it a DV since im telling them to not contact me, more of a denial of the debt in combination with the C&D any choice verbage i should include in my letter?
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Looking for some advice on dealing with this collection agency Portfolio Recovery Associates. Same old story, I went thru some very hard times about 4 years ago and now im dealing with the consequences. Recently Ive been contacted by Portfolio Recovery Associates regarding TWO accounts that they have purchased and are now trying to contact me about settling debt. One of the accounts is an old GE Bank Credit Card (Walmart) that is out of the Statue of Limitations in my state. (im in Texas and I believe the SOL is 4 years on debt.) The letter that I received regarding that account is has this text written on the bottom: "Because of the age of your debt, we will not sue you for it and we will not report it to any credit reporting agency."The letter also states that they bought the debt from "ARROW FINANCIAL SERVICES LLC", so I assume it should be out of the SOL. The most recent letter has stated that I owe around $650 but they will settle for 3 options:1.) I pay $251.00 straight out2.) I oay $47.00 for 6 months3.) I pay $26.00 for 12 monthsSince this debt is so old, and isnt being reported to credit agencies then whats the point of settling with them? And If I remember correctly, the credit line on that card was only $200 or something.My question on this one is, how can I figure out if it is actually out of SOL and if it is then how can I stop them from contacting me about it or have them shut down that account. Debt Validation? Cease & Desist Communications on this account? I have read that a cease & desist increases the probability of getting sued but since the letter states they CANT sue me then would it hurt to send the C&D to shut them up on that account? Now, the second account that they have is an old Capital One Bank credit card account which according to the mail document was purchased directly from Capital One. This account was purchased in 2013 and from one brief conversation I had with one of the reps on the phone, they said the last activity was from 2011. I have since ignored all calls as they have increased after accidentally speaking to them once. I am unsure if this is outside the statute of limitations since I dont recall when I ceased to make payments and it got charged off. Unless it just now was charged off and Portfolio Recovery Associates just now got their hands on it. I am currently in the process of obtaining my credit report to see whats actually there and if both of these debts are reporting. On this account, they claim I owe something between $800-$1000 but I know for sure that this card was another low credit line of something like $250. A letter states I owe $850 but on the phone the rep said something like $1100. It seems they are increasing the amount due with every communication.My question on this one is how can I clarify what exactly I should owe, whether or not it is within the SOL, and whether I should make a deal with them. Also, should I start this off with a Debt Validation Letter and just go from there? Is the probability of being sued for this one higher since it may not be out of SOL yet? Its a relatively low amount so I dont see the need for getting lawyers involved. Even though they purchased the debt in 2013, I am almost certain that its been charged off since at least 2011. I have not yet received the "deal" letter on this account as they were just able to get ahold of me via phone. Ive been receiving random letters from CA's but I usually read them over quick and throw them away. They somehow dug up my cell number so now the calls are coming in more and more frequently. So thats the collection agency drama, please send any helpful advice. This is just the beginning of fixing the debt hole that I got into back when i fell on hard times but hopefully with some helpful tips and tricks it will get all figured out. I will continue to update this post as I move through the processes of dealing with all of this so hopefully it will help someone else who may be in the same issue.
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our favorite dirtbags from San Diego. should i DV them and alert them to the fact that i will be fighting or just let it slide and get lost in the shuffle so SOL expires? Does DVing actually slow them down and prevent them from filing a lawsuit right away? Are they legally required in CA to provide an Intent to Sue letter?
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Greetings - I have received a response to my DV request and the firm has given me two weeks to call them to set up payment. Now - after reading through various topics, the response was junk and if necessary I could challenge the chain of custody because what they sent in (to me at least) offers no proof that the JDB actually bought the account nor includes how the amount they bought was derived at (just a couple old statements and a notorized affidavit from a JDB employee who confirmed their information). What would be ideal for me though is to send them back looking for additional information. The SOL will be up in 86 days so I want to just stall, stall, stall any further action by them before they file suit. So my question is, what is the best way to accomplish this? Depending on what/who you read the response I should send them should either be very vauge - just say the matter is still in dispute. Or others suggest that I point out specifically what I have issue with and request that they send me the relevant information. I don't know which response to send. I'm inclined to ask them to send me the Bill of Sale from the OC and an itemized list of transactions which ends with the alleged amount that the JDB bought from the OC. Not sure what to do right now but want to be sure to get a response sent to them so they do not think I have just rolled over on the matter. Suggestions on what to do? Short denial? Detailed? Pluses and minuses of each? Thanks in advance!
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A verizon account was opened in my name about 3 years ago. I never signed up for this account, there is fraud going on. In 2013, I got a collections letter and decided to respond to it, the only problem is that i sent a DV 2 months after. 30 days after I sent the DV asking for a copy of the contract with my signature on it, they did not respond but instead updated my Credit Report to "charged off". This debt is absolutely not mine, I was under 18 when it was opened in my name. I just want to know what can I do next? I want this off my report. Please help
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I have been contacted by a CA over an alleged credit card debt of $15,000.00 + this is now the third CA that has contacted me over this alleged debt. I requested validation and received a generic reply listing the date they purchased the debt, the OC's name Etc. This will be past the SOL in just under a year. At this point should I just wait it out and ignore any contact by the CA in hopes that the SOL will pass before a suit is filed. Based on the amount I am assumiming that the CA will file suit, but was wondering if anyone out there with a similar situation has had the SOL pass and not be sued.
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I sent a DV letter to Calvary Portfolio almost 2 months ago. Today I received a letter stating that Calvary acknowledges my dispute and the request for account validation. It goes on to state the they have already ceased collection efforts relating to the alleged account. It also states that they will contact me again and either provide validation or an update on the account status within 60 days from the date of this letter and that no collection efforts will be made unless and until account validation is provided. My question is should Calvary still be reporting this to the Credit Bureaus as this account was still listed as of today. Also should I dispute this again and if the credit bureaus come back saying this was verified I could provide them with the letter that Calvary sent stating all collection activity is top until and if validation is provided. Any thoughts, comments and or suggestions welcome.
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Hey all, thanks so much to all of you who answer the posts, been great reading for the last two weeks as I get more knowledgeable regarding this endeavor. FYI I have googled and searched in this forum for the answer first, just couldn't find the answer. My first question as I begin this process: Opinion on DV Timing My negative TLs are all from 2008, most are over 5 years SOL which is the case in Florida for written contracts, by a month or so. However one will not be until a month or so in the future. Questions: Is it better to wait for all to be past SOL to begin the process? (my thought is if my DV'ing some lines will spark action in others that are not past the SOL) Secondly, some forums suggest adding 6 additional months for an SOL to take effect. Should I wait now until all are 5 years 6 months old at least? Finally, and this may be the stupid(er)question; if i have no judgements listed on my three credit reports from these old debts, can I be relatively certain that they have not gone to judgement, or are there other areas to look in? Thanks for any advice.
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I received a letter from the OC in response to my DV. The letters states that the ownership of this account has been transferred. I have sent a DV letter to the company they referred me to and they did not respond and they are not on my CR, BUT the OC is still on my CR as a charge off. The account is not mine. It was my husbands, in his name only and beyond our states SOL. I am unsure of the next step I take with the OC. how do I proceed with the OC to get this account removed??? Any help will be appreciate. Thanks In advance.