Help Me Im Poor Posted January 24, 2021 Report Share Posted January 24, 2021 Hello, I received a pre-legal notification 4 days ago (1/20/21) and I’ve read conflicting info on if I can/should send a debt verification letter. What would my best option be? I’m unable to afford to pay, obtain an attorney, or a credit sweep service as I’m barely getting by as it is. Thank you for your help! Quote Link to comment Share on other sites More sharing options...
womanonfire Posted January 24, 2021 Report Share Posted January 24, 2021 Who is the OC, when did you open the account and when did you make the last payment? If they can't legally collect because it's outside of the SOL, then you have already won and in more ways than one. If they can legally collect, then you will want to see if you can use arbitration in this case . I don't know enough about how that works to offer any direction but others here do. I think the advice you are given here will hinge on the details you provide which at this point, is simply not enough. Quote Link to comment Share on other sites More sharing options...
Help Me Im Poor Posted January 24, 2021 Author Report Share Posted January 24, 2021 OC was Comenity Capital Bank - Overstock and last payment was 3/1/20. I’m not sure when I opened the account. Around 2013 I believe. I also want to add the debt is in my maiden name. Does that matter? They are still addressing me with my maiden name. Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted January 24, 2021 Report Share Posted January 24, 2021 If the debt is in your maiden name, then it is appropriate for them to send you letters with your maiden name. The debt is clearly within the SOL. A DV letter simply buys you some time. Maybe it buys you a few days, occasionally much more time. In the old days some creditors didn’t have the documents, so DVs would occasionally completely stop collection. That is extremely rare these days. Use the time to educate yourself about arbitration. I think Commetty has an arbitration agreement. Look it up on the CFPB web site. Find your specific agreement. In MOST (not all) situations you would wait until you are sued and then file a MTC. What state are you in and what is the approximate amount? Please don’t give the exact number. Quote Link to comment Share on other sites More sharing options...
Help Me Im Poor Posted February 2, 2021 Author Report Share Posted February 2, 2021 I’m in AL and it’s around $800 Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted February 2, 2021 Report Share Posted February 2, 2021 You are not talking about a lot of money, although if you are flat broke $800 could be an enormous amount. Again, send the DV letter about 20 days after you got the notice. Did you check if Comety has an arbitration agreement? I think they do, but I’m not sure. If so, you can win with a $250 filing fee. So take your time to scrape up $250, if possible. Make a settlement offer of $250. If they take it, it’s over. If not, go the arbitration route. Quote Link to comment Share on other sites More sharing options...
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