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6k in debt that might be in collections, having moved since DV and no contact for 4 months?

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Anonymous
Not applicable

6k in debt that might be in collections, having moved since DV and no contact for 4 months?

I am in North Carolina, where I believe the SoL is three years.

 

Bad decisions led to me being in debt around $6,000. One card with $3,100, the other with $2,900. I believe now, however, the debt has been sold off to collection agencies.  Some stats on the cards themselves: both opened in 2007, last payment date 8/18/2011 on both cards, both closed on 4/26/12, and the last date updated was 6/26/12 for both cards (according to TransUnion credit report).

 

Currently, I work at an internship where I make $12 an hour and do not have any benefits (health, time off, etc), forty hours per week.

 

I sent the same debt validation letters to both companies, NCB Management Services and MRS Associates, certified mail, on July 18, 2012.

 

On August 1, I received this letter from Chase Bank (original creditor to both cards) on reference to one of the accounts:

 

“Dear XXX,

Thank you for your recent inquiry, we appreciate the opportunity to assist you.

Chase is considered an original creditor under FDCPA, not a debt collector. As the original creditor on this account, we provide monthly billing statements to the address on file.

We can provide copies of statements or other account documentation, when available, if you send us a specific request for them to the address listed above. Please not that documents may not be available for your account if more than six years have passed since the account was closed.

Questions or concerns, call _____________”

 

I did not receive any correspondence from the other account.

 

On August 10, I moved to a different city within the same state. I forwarded my mail both in the leasing office at the old apartment and with the USPS, but I have not received any correspondence from either account whatsoever (and I had no mail as of 8/10 at my old location).

 

What next steps should I take at this point? I no longer receive collection calls (asked for them to stop in my debt validation letter), so I have no idea who owns what debt (it appears that Chase still owns at least one of the debts, not sure though), who to call, or what to say at this point.

 

It has now been at least four months without any contact (that I know of) from the collectors and with no correspondence via mail (not sure if they have my new address, it is listed on my credit report though) and no phone calls.  Does calling them and inquiring about the debt reset times?  I’m not even sure what to do at all.

 

If anyone, and I mean anyone, could advise me soundly, I would be forever indebted (no pun intended) to you. I have made mistakes; I understand that and am willing to do what I can now to alleviate this problem. My credit score as of July was 530ish and I realize that will screw me completely if I do not get this taken care of as quickly as possible.  My only thought now is to use my estimated $2000 tax refund as bargaining/leverage to pay off the debt.

 

Thank you so, so very much.

Message 1 of 5
4 REPLIES 4
RobertEG
Legendary Contributor

Re: 6k in debt that might be in collections, having moved since DV and no contact for 4 months?

It appears that they are in compliance with your DV, which does not compel response on their part, but only cessation of collection until they choose to provide verification.

With the legitimacy of the debt apparently not in question, it would appear that they would have the ability to verify if and when they choose to do so, so I am not sure it is now in your best interest to sit and wait.

 

Sending a DV shuts off active collection, but also puts all parties in a state of limbo. 

Meanwhile, you are left to contemplate your next action.

If SOL has not expired, they have their own option of legal action. 

With a cease collection bar now in force, they cannot negotiate with you.  Thus, attempts to set up an acceptable payment plan, if that was an option you could live with, are also in limbo.

 

You can wait for their verification, and see what happens.  If you wish to proceed prior to their verification, you might withdraw your DV request, and attempt to arrive at some type of agreement.

Message 2 of 5
Anonymous
Not applicable

Re: 6k in debt that might be in collections, having moved since DV and no contact for 4 months?

RobertEG: thank you for your reply.

 

I have no idea if the other card/agency has tried to reach out to me because I moved shortly after I sent the DV.  The one verification (if that's what Chase's response actually was) arrived, but nothing from them after that.

 

I never asked them to cease and desist, I just asked for verification of the debt.  I mainly did it to buy time -- yes, maybe amateur but it was all I knew to do at the time.

 

I am afraid to sit and wait, at this point, simply because I do not know if they have tried to file a suit or attempted to contact me, for I have no idea if they even know I have moved.  If I just sit and wait, I can only assume litigation could very well be in motion yet I have no idea.

Message 3 of 5
AndySoCal
Valued Contributor

Re: 6k in debt that might be in collections, having moved since DV and no contact for 4 months?

I presume there are no comments about the acount being sold to another lender on the credit report.  Are you in a place financially where you could make monthly payments on the accounts?

FICO Scores XPN v8 802 V2 831 (SDFCU) TUC 803 v8 EFX 807 (10/2023)
Discover 09/90 19,000, JCPenney 10/2008 4,700 US Bank Cash 12,000 Citibank Custom Cash 5/2015 11,100 State Dept. FCU 15,000 06/2023 , 02/2024 Redstone FCU Signature VISA 10,000 Banking: Ally Bank Credit Unions: Lafayette FCU Fortera FCU State Department FCU Pelican CU

Pelican State CU Redstone FCU

Message 4 of 5
RobertEG
Legendary Contributor

Re: 6k in debt that might be in collections, having moved since DV and no contact for 4 months?

When you send a timely DV, it automatically, based on FDCPA 809(b), imposes a total cease collection bar on the debt collector.

It is not necessary for a DV to contain any such request.

 

That is the primary function of the DV process.... to block collection activity until such time as the consumer has been provided reasonable verification that the debt collector has investigated the debt, and obtained some assurance as to its amount and who the creditor is.  It enables the consumer to decide how to proceed.

The primary purpose of the DV process, for better or worse, is not to compel proof of the debt wthin any specified period.

 

 

Message 5 of 5
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