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response from DV


katrina1231
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Guest usctrojanalum

Have they been harassing you with phone calls? If yes, I'd send them a cease and desist letter to end all communications. Other than that, you don't really have a next step. You sent a DV and it appears that they validated.

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What to do next depends on what you want to do. Choices range from paying the debt, to negotiating a settlement, to ignoring them, to telling them to buzz off, or suing them (probably not much of a case, yet). Which way do YOU want to go?

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What to do next depends on what you want to do. Choices range from paying the debt, to negotiating a settlement, to ignoring them, to telling them to buzz off, or suing them (probably not much of a case, yet). Which way do YOU want to go?

I want to just settle it and get it over with. I can't afford to pay the full amount and I originally tried to offer them a settlement and they told me they would only take payment in full so I just let it go. Would I be better off trying to settle with the CA or wait until it goes to a JDB?

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Yes, my DV had a cease & desist request - it was a form letter found on this site

The OC is the one that told me they would only take full payment, I haven't dealt with the CA yet - as soon as I heard from them (the CA) I DV'd. On my CR it only has the original creditor listed and not the CA. It actually says there are no collections at all on my CR

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If they don't ever sell it, you won't get to make the decision who to settle with. They sometimes don't sell it off to a JDB. Dealing with an OC and a JDB is literally the difference in night and day.

An OC usually has everything needed to win in court. They can usually win. It's just a matter of them deciding if they want to spend the money. A JDB very seldom can even prove they have the right to even collect (if challenged properly).

I've never heard of one case (that was not overturned on appeal), where a Defendant challenged the JDB, and all their evidence, properly, at every stage, and then lost after a full trial. Plenty, even thousands of cases a JDB wins, but not when their evidence is challenged properly. In fact, they can't even get past the issue of standing 95% of the time to even start in on if the amount alleged is even owed.

In other words, if an agressive and proper defense is put up, the underlying debt in the case is seldom an issue. They can't even make it to that stage.

So if it never gets to a JDB then the info I gave you is pretty much useless for your case. If it does get to a JDB I would hope you think long and hard before settling and if you do settle knock about 75% off of what you agreed to settle if it were an OC.

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I want to just settle it and get it over with. I can't afford to pay the full amount and I originally tried to offer them a settlement and they told me they would only take payment in full so I just let it go. Would I be better off trying to settle with the CA or wait until it goes to a JDB?

If they are not willing to settle in terms that you actually can pay, then just don't pay. Send them a short C&D letter via CMRRR. They might sue, or they might sell it to a JDB. Collectors usually don't want to settle for a payment plan. Their loss.

If they do sell it, the next collector starts all over. You can DV then to drag it out and maybe they will make a $1000 mistake (or two), or just C&D them right from the start.

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An OC usually has everything needed to win in court.

Not Necessarily. Some OC keep lousy records and even purge their system after a couple of years after charge off.

Some do keep really good records.

My self I do no deal with CA's If I owe the debt I will contact the OC. If you talk with the OC most of the time you can convince them to recall it from a CA, especially if you have a debit card ready to pay them.

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If they don't want to settle and you don't have the money, what can you do? I think you should go with your instincts, and not agree to a settlement you can't afford.

But, if you have the money, use it as a bargaining chip, so that they do not put a negative tradeline on your credit report, especially since they had not done it already.

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you write them back and tell them you thank them for the statements but it isn't your account or whatever else you think is right. I wouln't settle with a CA

Thank you.

It might have been unwise but I felt a sudden urge to talk to them... so, I called. Before I had a chance to ask them a question, they told me the account was recalled back to OC.

Wonder what that is all about. I only sent them a silly validation letter.

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I am in similar situation. Sent DV within 30 days and received 5 years of cc statements only from CA. Amount is over 34k. My objective is to postpone/avoid for as long as possible, ch7 if necessary.

What should be my next step?

If you truly owe anything close to $34K then I would expect to be sued or at least hounded.

You can't generally walk away from a debt that large so if you can't pay it or settle it then there isn't much you can do right now...the next move is really up to them.

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