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another collection attempt on zombie debt


burnednotice
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Hey folks, I wrote a few weeks ago regarding LVNV recently posting on my credit reports for a $2000 debt that is 7+ years old.

Well, last week my USAA credit monitoring service notified me of a new entry by RCS/CVF for a $160 debt. Today I received a letter in the mail from Capital Management Services. It is a settlement offer, by CVF, for a debt that I know for sure is zombie debt. I'm thinking that this is the same debt as the LVNV one, however the account number is slightly different and the balances are different. I did NOT receive any dunning letter. This is a straight up settlement offer (must respond in 10 days).

First question, Must I dispute with the CRA first on this one? Because to do so, will surely go beyond the 10 days that this settlement offer is asking to respond. The letter was dated on 1/14, postmarked 1/18.

Second, If I do not have to dispute with the CRA first, then I believe I would write a letter to CVF to dispute the zombie debt and C&D, correct? (This was outlined in a similar recent thread). My concern however, would be what specific violations do I list? And how can I make sure they remove the tradelines posted on my credit reports??

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Hey folks, I wrote a few weeks ago regarding LVNV recently posting on my credit reports for a $2000 debt that is 7+ years old.

Well, last week my USAA credit monitoring service notified me of a new entry by RCS/CVF for a $160 debt. Today I received a letter in the mail from Capital Management Services. It is a settlement offer, by CVF, for a debt that I know for sure is zombie debt. I'm thinking that this is the same debt as the LVNV one, however the account number is slightly different and the balances are different. I did NOT receive any dunning letter. This is a straight up settlement offer (must respond in 10 days).

First question, Must I dispute with the CRA first on this one? Because to do so, will surely go beyond the 10 days that this settlement offer is asking to respond. The letter was dated on 1/14, postmarked 1/18.

Second, If I do not have to dispute with the CRA first, then I believe I would write a letter to CVF to dispute the zombie debt and C&D, correct? (This was outlined in a similar recent thread). My concern however, would be what specific violations do I list? And how can I make sure they remove the tradelines posted on my credit reports??

When you say "zombie debt", do you mean the debt is outside the SOL for collection? If so, why worry about the settlement offer?

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I'm not worried about settling -- I don't intend to!

what I am worried about is any "Time limit" to respond and dispute.

With my earlier LVNV situation, it was recommended that I dispute with the CRA first. Is this true for this scenario as well? If so, would going beyond the 10 day limit allow them to "ignore" any future communication from me, as would be applicable for a 30-day dunning letter?

Besides, this is on my credit reports. I want to make sure I can easily clean it off

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Since they're reporting on your CR, I'd dispute first with the CRAs. If the CA/JDB doesn't include the 30 day validation notice in their 1st communicaton with you, they must send the 30 day notice within 5 days of that 1st communication. Again, if this is the 1st communication, and they don't send you the notice, there could be an FDCPA violation for not including the notice and giving you only 10 days to respond without letting you know about your 30 day right to validate.

In any case, I don't believe requesting validation is the same as disputing the debt with the CRAs. In a DV, you simply request validation. With the CRAs, you actually dispute the debt.

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