06-17-2009 10:03 AM
Rec'd numerous calls on cell from Weltman, Weinburg, Reis (law firm aka jdb) that I did not answer. After a month, rec'd letter stating they wanted payment, contact in 30 days to dispute, etc., They called the next week and DH answered, (not knowing) and they told him different info than the letter said. I did not call back and did not reply to letter and got another letter today (30 days later) very generic, depite previous demand...may need to proceed with further action... please call.
We're probably within 6 months of SOL, but that is based on CR drop off date of 2012. OC was HSBC and they are only reporting to TU and no DOFD provided. A settlement was offered, but I know not to call them. They stopped calling the house about 2 weeks ago, were calling 3-4 times a day but no message was left. Letter said Atlantic Credit and Finance, but caller said Collect America. I have never to this date received anything from HSBC or a creditor for this.
Back in 2006 before I knew about all the options with these matters, we paid off a CO and it is still reporting. I can't PIF for delete, and don't want to call CA. Once I ask for DV, I've opened the door with them even if everything is in writing correct?
We're so close to having the baddies behind us forever. Any suggestions?
06-17-2009 11:12 AM
It is unclear what your question is.
Sounds like on the HSBC account, they are escalating collection efforts in advance of the expiration of SOL. So at this point, by not paying this (either PIF or PFD), you're taking a risk that they will sue you. So keep your eyes open for a summons. If you want to settle the debt, then it's a matter of sending DVs to figure out who the CA is, and then negotiating (by mail) for payment.
SOL is usually calculated from DOFD, not backwards from the drop off date. So take another look at that.
For the paid charge off, the procedure is to write GW letters. If you settled for an amount less than the full amount, then you could offer PFD for the difference between what you paid and the total amount. Since you settled, they can't go after you for the full amount even if you make an offer for deletion. No need to DV the CO--you already paid them.
06-17-2009 01:18 PM
If I DV, they are validating my debt to Atlantic that we've never heard from or known about? Don't they have to validate the HSBC, or it is no longer a concern if they sold it to Atlantic? HSBC reports -0- balance and I have not yet checked CR for WWR. I was hoping they would have trouble with going back to HSBC. In my reading, I think they have to send something specific as validation, not a computer generated report page from their purchase of a bunch of debts, correct?
If they validated, by mail I can ask PFD with installments? But they must validate within 30 days of their receipt of the letter?
On the CR's for TU, they don't give detail of DOFD, only charge off date which is not the same. What else can I use, I don't have any records on this.
06-17-2009 01:46 PM
If you don't have enough money to PIF, then I would wait until save enough to PIF or make a big % offer. If you DV before that, then you're basically encouraging them to come after you before you're ready.
If you DV, then they will have to validate the ORIGINAL debt that you had with HSBC. If HSBC is reporting zero balance, then yes, they probably sold the debt. To DV, they have to send you the name of the creditor, the address of the creditor, and the amount of the balance. All a DV has to do is give you fair notice of who the account was with, and what you owe them.
They do have to validate within 30 days if you're responding to the dunning letter. If you've already ignored the dunning letter, and are now DVing much later, then they usually still will respond within 30 days, but the way I read the statute, I don't think they have to. PFD is done separately from the DV. Remember, you're not disputing the account, you're just making sure they have authority to collect. PFD is once you know for sure you're dealing with the right CA.
PFD with installments gives them absolutely no incentive to accept. Sure, try it. Why not? But I think it's very unlikely that they would accept. And hey, maybe they won't sue, and it really will just go away. I just wouldn't rely on that. Regardless of it you make a PFD offer, I would be saving anyway just in case they sue, so that you can settle before you get a judgment.
If the detail of the credit report lists out the payment history, then even if they don't list out the DOFD date separately, you will be able to see where the "last" chain of lates begins before you never caught up. You may have to get a credit report directly from the CRA if your third party (like FICO) reports don't show it.