LNLV course of action

[mariemeow77]

Below is what LNLV is posting on my credit report according to USAA CreditCheck. The account is for an old HSBC credit card that has a DOFD Mar 2006. I live in Virginia and the SOL is 3 years. The account was opened when I lived in Hawaii (military) and the SOL there is 6 years. This debt is out of both SOLs, but obviously is not past the 7 year point to fall off my credit just yet.  I disputed with CRA for this account that DOFD was wrong and they never confirmed.  I have had no contact with LNLV about this account besides my dispute through the CRA. I know they are very underhanded and shady company, so I am hoping for advice from fellow members.   Here is my question" Do I DV first and include that they are out of SOL or just send them a regular DV to the affect of ' this was on my credit report please validate'.  I know this will fall off next year but I would like to clean up as much as I can. This debt has not been paid; and I would like to offer them a very small settlement PFD offer when I can. Thanks in advance!         LVNV FUNDING LLC Potentially Negative HOUSTON, TX 77274
	Experian®	Equifax®	TransUnion®
Account Name	LVNV FUNDING LLC	LVNV FUNDING LLC	LVNV FUNDING
Account #	548955511413XXXX	548955511413XXXX	54895551XXXX
Account Type	Debt Purchase	Open Account	Open account
Balance	$925.00	$925.00	$925.00
Date Opened	1/1/2009	1/1/2009	1/30/2009
Account Status Closed Closed Open Mo. Payment       Past Due $925.00 $925.00 $925.00 Payment Status Seriously past due date / assigned to attorney, collection agency, or credit grantor's internal collection department At least 120 days or more than four payments past due Collection account High Balance   $756.00 $756.00 Limit       Terms 1 Month     Comments Account in dispute-reported by subscriber COLLECTION ACCOUNT Account information disputed by consumer
24 MONTH PAYMENT HISTORY     2010     2011                       2012                 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep                                           KD KD KD OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK

[RobertEG]

The collection was opened and apparently reported in 2009.  I presume that the debt collector sent dunning notice around that time frame, as required by FDCPA 809(a).

If they sent dunning notice, your period for timely DV expired 30 days after that notice.  Thus, any DV sent at this time would not invoke a cease collection bar, and could be ignored by the debt collector.  I dont see much of anything to be accomplished by an untimely DV.  And it may act counter to any good will on their part in granting a GW deletion, either by way of a PFD or later deletion after payment.

If the DOFD is March, 2006, its statutory CR exclusion date would be Sept 2013, so about a year to go.

With SOL expired, then chances for a PFD acceptance may increase.  All I can say is give it a go. 

If they refuse deletion, you can of course rely on CR exclusion about a year from now to cover up the unpaid debt,but CR exclusion alone does not ensure that old, unpaid debt will not be discovered in your future credit endeavors by other means. 

It is always best, in my opinion, to settle old, unpaid debt, and not assume that CR exclusion will bar any future impact.