mntngrzr Posted November 22, 2009 Report Share Posted November 22, 2009 Please Bear with me this is my firt post, and it may be long because I am not sure what all is needed to help me out.MY wife and I have a number of cards we stopped paying about 6 months ago because of my hours at work being cut back dramatically. Recently we have started trying to get back on top of them all with payment plans, but one of them was charged off and than sold to a JDB I believe is the term. Now we are recieving calls form a ca about every other day.Before I came on here I started trying to work out a payment plan with them until we could try and settle in january when we get our financial aid and tax money and was going to start paying until I realized that they had changed our agreement. I had offered to make one good faith payment and than they were going to send me a letter saying that while I was making payments that the interest and phone calls would stop. when I went to make the payment they said that we had never agreed on that and that they couldn't even by law send such a letter. I didn't end up finishing the payment with them and they sent me to an "account manager" for refusing to pay, when I told him I was going to record the call he said he had to terminate the call and hung up.My question is because I already confrimed with them over the phone that the debt is mine, can I still send a validation letter or am I out of options, what should I do from here? I have never had an account in collections before and I don't know what to do. If it were january I could settle with them but even then I don't know how to do that they refuse to send anything in writing.Details:Credit reports: The CA only shows up on one but the JDB doesn't show up on any. But now I am out of the free yearly credit reports.Amount:~$1200JDB: Resurgent capital i.e. lvnv as I learned here, and they told me on the phone.Not sure what other details I need to give, thanks ahead of time for help or for just reading my post. We have a new baby and I know form reading here that there are a lot of options and time to deal with this I hope but I can't stop worrying about it all of the time, especially now that I didn't pay them.-Thank you very much Link to comment Share on other sites More sharing options...
WhoCares1000 Posted November 22, 2009 Report Share Posted November 22, 2009 If you are within the 30 days, I say DV them anyways. If they say you told them the debt was yours, make them prove it. If they send a call recording, you then know that they recorded either their deal or their backing out of the deal and can demand that in court. If they do not have something recorded, then the saying goes, if something is not written or recorded, it did not happen.As for putting you down as "refuse to pay", that fine. At that point, the person with decision making capacity at the company will either decide to sue, return the debt to the OC, sell the debt on, or try to collect some more. If they do the first thing, they you can offer a similar deal with the attorney of the case. As for the other 3, that will buy you time to put together a settlement. Link to comment Share on other sites More sharing options...
Morganna Posted November 22, 2009 Report Share Posted November 22, 2009 Have you given them ANY personal banking info?Did you make any payments to them and if so how was that done?Did you sign anything?Yes you can and should always ask for validation. The reason they are balking IMO is they may NOT have the necessary documentation to prove their claim They will lie and intimidate 100% of the time.They use the refusal to pay all the time -- its just another scare tactic ... How old is this alleged debt?Is it within SOL (statute of linitations) for your state?Who was the OC? Link to comment Share on other sites More sharing options...
mntngrzr Posted November 22, 2009 Author Report Share Posted November 22, 2009 Have you given them ANY personal banking info?No I did not give them any banking info I was going tuse a prepaid visa from walmart with only the amount of the payment ($25) but stopped short of giving them everything off of the card.Did you make any payments to them and if so how was that done?-No, I didn't make any payments, I was going to use a prepaid visa from walmartDid you sign anything?-No I haven't even seen a piece of paper from them at all, but I haven't checked the mail since fridayYes you can and should always ask for validation. The reason they are balking IMO is they may NOT have the necessary documentation to prove their claim They will lie and intimidate 100% of the time.They use the refusal to pay all the time -- its just another scare tactic ... How old is this alleged debt?-7 MonthsIs it within SOL (statute of linitations) for your state?-DefinitelyWho was the OC? -Sears (Citibank) and I did check with them and they said they did sell it to resurgent or lvnv so thats why aI assumed it was probably correct, also the ca did have the right account number and my address, phoen number and everythingon a side note should i just search the forum for a good DV letter or should I try and write one on my own and who should I send it to just the ca or lvnv also?-Thanks for the quick and helpful answers I am still really stressing out about this, but you guys are a big help-Thanks Link to comment Share on other sites More sharing options...
Morganna Posted November 22, 2009 Report Share Posted November 22, 2009 OK --First this is what *I* would do --*I* would send a DV letter ... to the CA ..and a very simple one at that ...Dear CA I dispute your claim in it's entirety and request full and complete validation.All future contact is to be by mail only to the address noted above.No calls to my home as they are inconvenient and no calls to my employer as they are prohibited. (your name) typed not signed!!!!Dont sign the letterSend it CMRRRNow since this was sold the gameplan changes some -- as debts are sold usually the media (proof) doesnt follow with it - just name/addy/DOB/SS#possibly/phone#possibly is sent with the amount/date of charge off/creditor -- most people feel oh they have all the info so I should pay ... but the truth is they dont and they need alot more and should be asked to produce that documention. When asked (DVd) the CA must go and get the info - pay for it most often - from the OC and send it to you ... thats where the fun starts ....Now understand they might sue -- and if they do they will still need to prove their claim ... Dont stress out -- just dig in and research your state's laws and get ready to fight them.Read the FDCPA..They can be beaten others have done it ... Link to comment Share on other sites More sharing options...
LUEser Posted November 27, 2009 Report Share Posted November 27, 2009 Resurgent/LVNV/Sherman are at the bottom of my list of people to ever give money to. If they promised in writing to send 99% of all payments to charity, I would still balk at the idea of giving these people money. Morganna has the right idea. The only thing I would add to the DV is that you dispute under the FDCPA and request validaiton pursuant to 15 USC 1692g. This way, your request is explicit and they can't try to weasel out of giving you proper validation of debt by saying they misinterpreted your dispute as being a dispute under the FCRA (15 USC 1681). If you'd like, you can also dispute under 1681, but since it's not on your CRs yet, I'd leave off this part so they don't get the bright idea to place a negative tradeline on your reports. Link to comment Share on other sites More sharing options...
unusualsuspect Posted November 27, 2009 Report Share Posted November 27, 2009 Welcome to the LVNV/Sherman/Resurgent game... as a contestant, expect endless letters as your account is passed around when asking for DV...Ask for DV, wait for them to violate then sue. Link to comment Share on other sites More sharing options...
Methuss Posted November 28, 2009 Report Share Posted November 28, 2009 (edited) (your name) typed not signed!!!!Dont sign the letterIf you don't sign it they can simply say they have no idea who sourced the letter. If you are concerned about the CA copying or lifting your signature (which is totally irrational) then print your letter on green accounting ledger paper -- the type with the light green background and the dark green # pattern -- and sign with red glitter gel ink. The human eye can pick it up but all but the most sophisticated computer and photocopy equipment cannot copy it. The triple contrast of the colors and the light refraction off the glitter is simply too much for most imaging equipment to handle. If you don't believe me, give it a try. Father worked in anti-counterfeiting with the Secret Service so I have some direct knowledge on this subject....If you want to put in the effort. Only the most supremely stupid of CAs would even try forging a signature. Not only would the person doing it get 10-20 years for forgery, but the company executives could be charged with RICO violations for conspiring to commit banking and consumer fraud. I've been an admin on this board for years and I have yet to see a provable claim that someone's signature was forged and the consumer ended up having to pay. The few incidents of forgery that I can say did happen all ended up with the consumer easily proving it wasn't theirs. Edited November 28, 2009 by Methuss Link to comment Share on other sites More sharing options...
Morganna Posted December 1, 2009 Report Share Posted December 1, 2009 *I* have never signed anything going to a CA/JDB/OC. Most letters from the CAs/JDBs etc are not even signed.. And yes *I* am very protective over who has access to my signature and personal info especially when it comes to those that are known to blur the lines of legality and hide their true identity through corporate shills. Not wanting to dispute the methodology of this site -- however *I* do advocate not signing DV letters for reasons stated above. I guess this is one of those situations where people can agree to disagree ...*I* also have been involved with self help sites for yrs. so definately not a newbie to the world of credit/debt ... Link to comment Share on other sites More sharing options...
Recommended Posts