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Not sure if I should DV or ignore


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I just recently started working on my credit after being turned down for a Best Buy store credit card a couple of weeks ago.  I haven't had a credit card since 1995 but did have a couple of car loans in that time which were paid off and never late.

 

Anyway I got curious, ran my reports and applied for a card from Cap 1 which was just above a secured card and to my shock and surprise got approved!

 

Today I received a collection letter from Convergent Outsourcing saying I owe them (or their client LVNV funding) over $1500 and a interest rate of 6.00% and they have been advised that their client has  advised them that they are willing to settle for 35% of the total.  Convergent is the CA, LVNV is the client but the interesting thing is Cap 1 is the OC.

 

According to this letter I have 30 days to dispute after which their office will assume the debt is valid.

 

My first question is should I even bother to respond?  I believe that if I did owe this at one time it's close to 20 Years old.  Maine SOL is 6 Years.

If I do DV this how do I get them to state the correct date that is used to show it's past SOL without admitting that it may be mine?

 

Not sure what to do on this one as it seems that by getting a new CC I may have stirred this zombie up.

 

 

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Always DV.

 

And, yep, most of the big debt buyers have "watch lists" so that CRAs notify them of new activity.

 

That's what I figured.  I'm slowly learning.

 

@JoeG

 

If the debt is outside the SOL for collecting, you could DV or send a cease and desist.   They're not on your credit report, are they?

 

The only date is the one on their letter.  I don't know if I can prove whether or not it's past SOL.  I know it definitely is but are they not able to just change a date and re-age the thing? I pulled my reports a few days ago and no they are not on it... Yet

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@JoeG

 

They would have to change the date of your last payment in order to claim it's within the SOL for collection.  If they were to try that, all you'd have to do is get your bank records to see if you made a payment when they claim.  If there's no payment, you have an FDCPA violation.

 

Are they or the original creditor on your credit report?

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@JoeG

 

They would have to change the date of your last payment in order to claim it's within the SOL for collection.  If they were to try that, all you'd have to do is get your bank records to see if you made a payment when they claim.  If there's no payment, you have an FDCPA violation.

 

Are they or the original creditor on your credit report?

 

 

 

They nor the OC are on my CR. The OC is Cap 1 for which I just got a new CC from this past week.

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@JoeG

 

I think you should be ok whether you DV or C&D.  Personally, on a zombie debt, I C&D.

 

Thanks BV80.  My thinking is if I just C&D and they, being the reputable and honest company that they are could just sue.  If I DV I may or may not see what they have for dates, this is scary stuff btw.

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@JoeG

 

Suing on a time-barred debt is an FDCPA violation.  Also, they are not required to provide the date of last payment in response to a DV request.

 

It seems that it would make you feel better to DV, so that's what you should do, and see what they provide, if anything.  They might not respond and will just close their files, which is legal for them to do.  They could also sell it to another JDB.

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@JoeG

 

Suing on a time-barred debt is an FDCPA violation.  Also, they are not required to provide the date of last payment in response to a DV request.

 

C&D it is then.  I'll look for a sample here and get it out tomorrow. hopefully this whole thing will go away after that.

 

I saw your last edit after I posted.  The JDB, LVNV,  is using Convergent as it's CA.  So my guess is they could select another CA or then sell it.  I guess it just goes on and on.

 

LOL so C&D or DV. now I'm stuck

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Always DV.

 

And, yep, most of the big debt buyers have "watch lists" so that CRAs notify them of new activity.

 

This is simply amazing, it would appear that I have in fact stirred up a hornet's nest.  I'm getting calls and letters from debts that are probably 20 years or more old in the past 24 hours.  I never realized how bad all of this could get.  I think I may just C & D them all and see if any or all follow through with trying to sue.

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A C&D will work...just be careful to word your letter along the lines of "...I have no knowledge of this debt...cease all contact...".

 

In other words, give them nothing that could be interrupted as an admission this is yours.  Remember, old debts never die...all your state's SOL means is they can't use the courts to collect it. 

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A C&D will work...just be careful to word your letter along the lines of "...I have no knowledge of this debt...cease all contact...".

 

In other words, give them nothing that could be interrupted as an admission this is yours.  Remember, old debts never die...all your state's SOL means is they can't use the courts to collect it. 

 

I'll start with the sample letter on this site and see if I need to make changes as you said.

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I hate writing this stuff cause I'm not very good at it.  I found this letter online and wondering if it may be good enough:

 

Pursuant to my rights under federal debt collection laws, I am requesting that you cease and desist communication with me, as well as my family and friends, in relation to this and all other alleged debts you claim I owe.

You are hereby notified that if you do not comply with this request, I will immediately file a complaint with the Federal Trade Commission and the [your state here] Attorney General’s office. Civil and criminal claims will be pursued.

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This is simply amazing, it would appear that I have in fact stirred up a hornet's nest.  I'm getting calls and letters from debts that are probably 20 years or more old in the past 24 hours.  I never realized how bad all of this could get.  I think I may just C & D them all and see if any or all follow through with trying to sue.

 

Don't panic.  Zombie debt collectors pay the CRAs for lists of names of people who are doing credit repair.  Then they compare it to their list of people they might collect on.  They send a letter hoping you are either not smart enough to know it is past the time they can do anything about it or that you are feeling generous and pay them.  Morally some would argue you are obligated to pay them however, legally you are not.

 

 

I hate writing this stuff cause I'm not very good at it.  I found this letter online and wondering if it may be good enough:

 

Pursuant to my rights under federal debt collection laws, I am requesting that you cease and desist communication with me, as well as my family and friends, in relation to this and all other alleged debts you claim I owe.

You are hereby notified that if you do not comply with this request, I will immediately file a complaint with the Federal Trade Commission and the [your state here] Attorney General’s office. Civil and criminal claims will be pursued.

 

That letter is just fine.  Keep it handy and send them certified mail.  No return receipt necessary just proof of mailing it.  

 

Convergent folds the nanosecond you challenge them.

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Convergent has some strange addressing to deal with.  For account numbers there is a Convergent Account # and a Client Account number which I imagine is the Account they use for LVNV.  If I did want a return receipt the mailing address is a PO box in Washington but a physical address is in Houston.  Maybe I should send it to both places or just the Washington one if I don't need a receipt?

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Convergent has some strange addressing to deal with.  For account numbers there is a Convergent Account # and a Client Account number which I imagine is the Account they use for LVNV.  If I did want a return receipt the mailing address is a PO box in Washington but a physical address is in Houston.  Maybe I should send it to both places or just the Washington one if I don't need a receipt?

 

You can do a return receipt to a P.O. Box what they do is slip one of those notices they use when a home owner isn't home or the business is closed and no one can sign.  They have to see a postal clerk to get the letter.  

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I personally would send the cease communication directly to LVNV. LVNV is notorious for sending it out to other CAs to dun you when the first is stopped. They did this to me, got a dunning letter from one CA I DV'd them cmrr, got another did the same then another. I got six ways pissed and sent a nasty CD to LVNV's corp HQ and ended it all. This has worked well for everyone I suggested it to.

 

BV80 and I disagree over this but, it will always work. I really wonder if legally LVNV is jointly and  severally liable for their hired CA actions? If so they certainly break the law a lot!

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I personally would send the cease communication directly to LVNV. LVNV is notorious for sending it out to other CAs to dun you when the first is stopped. They did this to me, got a dunning letter from one CA I DV'd them cmrr, got another did the same then another. I got six ways pissed and sent a nasty CD to LVNV's corp HQ and ended it all. This has worked well for everyone I suggested it to.

 

BV80 and I disagree over this but, it will always work. I really wonder if legally LVNV is jointly and  severally liable for their hired CA actions? If so they certainly break the law a lot!

 

I can't imagine why sending a C&D to the CA and LVNV would be a problem and it may just kill this off entirely.  I guess worse case is it would force them to bring it to court, which as I've been told would be illegal.

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@Credithis

 

Ok, I remember.  I agree with sending a C&D to LVNV.  If the OP is going to send a C&D, I'd send it to the JDB and the CA working for the JDB.  A C&D is different from a DV.

 

 

BTW, BV80, I'm getting quite fond of Cajun cooking whilst stuck down here in southern Arkansas. I really do miss SC's BBQ though.

 

 

Now, you're making me hungry.  :-)

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