Help with LVNV and Brachfeld & Associates

[ybrew]

The details...

Sears account.

I was in debt pretty bad in 98. Not horrible, but enough so that I decided to use a credit management company (Genus).

I was under the impression that interest would stop on this account.

I made 62 payments of $95 on this account. Total of $5890. The debt when I started with Genus was about $4200.

I stopped making payments in Aug 2003.

However, I'm not sure of the DOFD. I need to find that out. EX is reporting account will stay on file until May 2009.

I missed two payments in 2002 (March & August), missed Jan 2006, and Feb 2006 wasn't applied until March 2003 (two payments made in March.

So by this point, I was already, according to sears, probably 4 months late.

-------------------------

Earlier this year I sent a DV to LVNV to get this removed from my reports. My $5890 worth of payments should have paid this $4200 debt in full, but apparently not.

LVNV never responded to the DV, but instead sent the account to Brachfeld & Associates (in California).

I called and spoke with them on the phone several times. initially, they agreed with me and said the account was paid in full.

Now they're saying my payments from genus were applied, but to interest first and I currently owe $5670.48.

I've emailed the texas sec of state asking if LVNV & Brachfeld & Associates (A collection law firm) are authorized to do business in texas. No response yet.

Brachfeld is a law firm, but a collection law firm. I've received nothing in the US mail from them, but I do have 4 emails from them. Their emails do not include a mini-miranda (this is from a debt collector). Is that a violation? Is each email a violation?

They've offered, via email, a $3800 settlement, valid until Oct 31st.

They initially offered the same settlement back in september and I responded via email stating the account was paid (overpaid) and I would not pay anything more.

I got the second email settlement email yesterday:

As of today LVNV and Genus have determined that you still owed $5,670.48 plus interest due as of today. They have reviewed all your payments and have applied all your payments on this account. However I have been authorize to extend my previous settlement in the amount of $3,800.00 before we finalize your account. This settlement offer will be available to you and expire on October 30th, 2006. Please let me know if you will accept this final settlement due October 30th, 2006. Please be aware that when we start any legal actions that this settlement offer will become null and void and that we will seek for a full recovery of the balance owed and all attorneys fees.

Thank you,

Sincerely,

Brachfeld & Associates

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That's it. No miranda. Seems like a threat to sue, from a law firm in California.

Are there any violations in there? I doubt they indend to file suit in Texas, but I could be wrong.

I haven't responded yet, and don't plan to yet.

Any advice?

Any violations there? Should I preemptively sue them? Should I consider settling?

help!

thanks!!

[divemedic]

DV the new firm, as well.

[kevin3344]

I wouldn't be corresponding via email...that's as bad as talking on the phone.

You still haven't received validation of this debt, so I would wait until they respond to the DV before deciding your options. They are trying to get you to settle before providing proof you even owe a debt...nothing good can come from that. First get copies of the original debt (if they can provide them at all) and decide where to go from there. The SOL may be up and you might have a defense right away. But all this going back and forth about what you owe and settlements is pointless until you find out the true DOFD.

________

Vaporizer Wiki

Edited September 9, 2011 by kevin3344

[ybrew]

LVNV won't validate. When dv'd, they turned this over to lawyers.

Brachfeld isn't on my reports, only lvnv is. I haven't received anything from brachfeld other than via email. Should I still DV them, or should I wait until they send me something?

Are the emails without the "this is from a debt collector" violations? Is each email a violation?

I'll try calling the credit bureau (only on experian) tomorrow and try to get the DOFD.

[dixiedrifter]

What you need to be doing is getting ahold of Genus and give them a good raking and get something to you in writing showing the agreement they had with the OC.

Then send that to the law firm and tell them if they want to play you'd be happy to resolve this in united states district court where you will file discovery so extensive they'll be looking to find the original plans to noah's ark signed by god himself.

[ybrew]

I'll try to get something with Genus. Not sure how easy that'll be, since the original agreement happened almost 9 years ago.

I have found out something though...

LVNV Funding has filed a bond in Texas, but the bond is from

LVNV Funding LLC, 5348 Vegas Drive, Las Vegas, NV 89108

What's being reported though is

LVNV Funding

PO BOX 10497

GREENVILLE, SC 29603

(866) 464-1183

I'm not sure if that's a problem for LVNV or not. I've asked the Sec of State, and they say they're not sure. LVNV has a bond filed. I need to find out if that address in LV is still valid.

As far Brachfeld & Associates, they are not bonded in Texas and therefore do not meet this texas requirement.

I'm gonna send them a DV today.

But question I still have....

did they (brachfeld) violate anything by NOT including the "this is from a debt collector"?

thanks!

[ybrew]

Genus isn't helpful, but only because sears wasn't helpful. Sears didn't lower interest ever.

However, I did just get off the phone with Experian.

Got some good info from them.

The DOFD is august 2002.

that was 4 years, 2 months ago.

I'm in texas with a 4 year sol.

So i'm in the clear.

I'm tempted to tell brachfeld to pound sand, but I will send a DV first.

[ybrew]

I'm going to send the following DV letter:

I know they don't meet item #6 and I know this debt is now past SOL by 2 months.

-----letter below-----

To: Brachfeld & Associates, P.C.

A Collection Law Firm

20300 S. Vermont Ave, #120

Torrance, CA 90502-1338

October 20th, 2006

Original Creditor - Sears

Account # xxxxxxxxxxxx

From: ybrew

I dispute the validity of the entire debt and I am requesting validation of this debt.

Please provide me with the following within 30 days:

1 What the money you say I owe is for;

2 Explain and show me how you calculated what you say I owe;

3 Provide me with copies of any papers that show I agreed to pay what you say I owe

4 Provide a verification or copy of any judgment if applicable;

5 Prove the Statute of Limitations has not expired on this account

6 Show me that you have filed a bond with the Secretary of State of Texas, authorizing you to collect debts in Texas

7 Complete SEARS payment history including fees, amount, interest

8 Copy of original signed credit card agreement

9 Itemized statements of all purchases made including payments

10 Amount of debt when “assigned” by LVNV FUNDING LLC

This is not refusal to pay but a request for validation. I look forward to your office providing me with competent evidence as requested above. If you cannot provide the request evidence, you are not allowed to collect, contact me about debt or report it under the Fair Credit Reporting Act.

IF YOU ARE UNABLE TO VALIDATE THIS DEBT, CONTACT THE CREDIT BUREAUS WITHIN 30 DAYS TO REMOVE THIS ACCOUNT FROM ALL MY CREDIT REPORTS.

Please respond only in writing.

ybrew