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No DV But Another Picked it up


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I first tried to work out a settlement with the CC company directly in a letter. I never heard from them again. Then a Debt Collector picked it up. I sent a VOD to them via cerified letter. Never heard back from them. This has been over a year. Now an entirely new collector has sent me a letter demanding payment in full or they sue without further notice.  Its the first letter I have gotten from them. They demand payment within ten days of the above date of the letter, but I just got it today, the 20th and the date on the letter head is the 11th. How is that even possible?

 

I have never reeived a VOD from anyone, yet a different agency Ive never even heard from before demands payment or they sue in the first letter?

 

Any opinions?   Thanks alot!

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Most likely the right hand doesn't know what the left hand is doing. They just toss your account from CA to CA hoping one might score. If you do settle I would only work with the OC. Its very possible to "work" with a CA and then find out you still owe the money. I have read way too many horror stories about people trying to work with CAs and getting in deeper. The problem is you are dealing with someone that is working on a commission to get money out of you. Their only incentive is making money and some will do or say anything to accomplish this. While some may be honest many of them are not. Be careful!

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Well, it seems this last collector is trying to play dirty. They have the letter made out like they already sent some before it, but I have received nothing. Its just basically a short threat with it dated so its impossible to do anything but pay them via credit card in the one day left. Thats funny, pay them with another CC.

 

I would send a VOD but should I? They have nothing in this letter that states that they will even attempt to verify.

 

Ive been reading here and it seems they could just make up fake letters and say they sent them to me? That seems to be the plan best I can tell. Any defence against dishonesty?

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Do not pay them. You don't even know if they own the debt. What is the name of the company that sent you the letter? Who do they say you owe? Send them a debt validation letter, CMRRR. Don't pay anyone without validation, especially if the original creditor is no longer the owner of the account.

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Do not pay them. You don't even know if they own the debt. What is the name of the company that sent you the letter? Who do they say you owe? Send them a debt validation letter, CMRRR. Don't pay anyone without validation, especially if the original creditor is no longer the owner of the account.

Berman and Raben says I owe Discover. Im not paying them , they havent proven anything to me.

 

What is a CMRR?

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@nova73

 

It would be your word against theirs that they didn't send you a letter that contained the 30-day validation notice.

I have all the letters and certified mail receipts from past collectors. Surely this should account for good faith on my end. Would it be a good idea to state in a VOD letter that it is in response to the first and only letter I ever received from them?

 

Something tells me they are trying to hide the dates on even this one letter they sent me. It only had return the adress, but no actual name and was mailed bulk, so there is no date stamp.

 

Thank you everyone for the replies.

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Yep, I would state this is the first coorespondce I have received regarding any accounts, and you request a verification of this debt. CMRRR is certified mail, return receipt requested

Yep, will do. Ive been documenting everything so far, not stopping now.

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@nova73

 

I'm only offering the following information for the purposes of FDCPA violations.

 

Keeping track of all the letters you receive is very good on your part.  But it doesn't prove that you didn't receive a letter.  In most courts, a collector only has to show that they have the proper procedures in place to send out letters that contain the required notices.

 

If they claim they already sent you a letter that contains the 30-day notice and that your DV is not timely, they might send another collection letter without verifying the debt.  Then again, they could go ahead and verify the debt. 

 

Yes, send the DV.  Hopefully they'll respond with validation but don't be surprised if they don't.

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  • 2 weeks later...

If the debt has NOT been sold, you can settle with the original creditor.  But some will only refer you to the CA they sent the account to, you need to be very adamant that you want to pay this account, but you do not want to go through a collection agency, as they don't always get it right.  (I did this, and then the account was sold after I paid it thru the CA)

ask to speak to a superivsor, and then their supervisor if that doesn't work.  Work you way up the chain. ;)

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