Question about DV

[Anonymous]

I recently submitted a letter that I copied from a member in one of these forums that I sent to a law firm which claimed to be attempting to collect on a debt.  I sent them a DV by certified mail and return receipt.  I have the return receipt of the certified mail which was delivered on July 1st.  Today I received a letter in the mail from the same law firm offering to settle the debt and to report it as paid in full for 85% of what they claim I owe.  The history with this account is that about 10 years ago I fell behind on several credit card accounts and one by one I have been settling them and this is the only one left but they are asking for a ridiculous settlement.  At the time that the account was with the OC it was around 5K.  After working through a couple of CCCS and debt management companies the last letter that I received from Credigy Receivables siad that the current amount owed was about 7600 which was in the beginning of this year.  The law firm claimed in their first letter to me that I owed them 13,976 dollars.  Their latest offer was high 11K which I calculated to be about 85% of the 13K .  I know that it would have been better off if 6 years ago I had just paid the OC the 5K but I didnt have that money at that time.  Now I do have 5K but not 11 or 13K.  So I have two questions....how should I proceed from here.  They are still attempting to collect the debt but they have still not validated the debt.  Should I threaten to sue them for violation or should I try to make an offer of 5,000??

Thanks

[Anonymous]

Is this reporting on your report?

What is DOLA?

What is your SOL?

[Anonymous]

Both Experian and Equifax report for DOLA "not reported" but Transunion has it listed as December 2002.

DOFD was Dec 2001

Although TU shows it as Dec 2002

My SOL is 6 years so I guess the 2002 date it valid because it is still showing on all 3 reports.

[Anonymous]

Here is the gist of the letter that they sent to me:

Good morning:

Our office represents CREDIGY RECEIVABLES INC

You wont want to miss this settlement opportunity offered yo you by our client.  Recognizing that you may gone through some financial difficulty and have been unable to satisfy your account, our client would like to offer you a settlement in the amount of 11917.92  If we recieve payemtn with 30 days from todays date our client will consider the account balance settled in full!  Please be advised that we are not obligated to renew this offer.

[Anonymous]

Any advice???

[llecs]

I would do a couple things....

1) I'd check with your state's bar assoc. to see if they are allowed to practice law in their state. If they are not, then they violated the FDCPA because they were acting as an attorney.

2) I'd check to see if the CA is licensed (if applicable).

3) I'd check  to see if your state considers law firms as CAs. Many states do.

4) If so, I'd check to see if the law firm is licensed to act as a CA (if applicable).

5) Request from the OC a copy of your last couple bills. If they are from 2001, then you are past SOL.

The FDCPA may not apply to them, but state law could and some state's laws mirror the FDCPA.

[Anonymous]

So I did some checking on those things:

1.  They are allowed to practice law in my state

2.  The CA is licensed

3.  My state does consider law firms as a collection agency.  Although NY where this account was first opened, I believe that they do not

4.  Both the law firm and the CA are licensed

5.  Here is where it gets tricky.  This account was originally with Fleet Bank.  It was charged off the month before Fleet and BOA merged so there is no contact information anywhere on the internet for the old Fleet Bank and when I call BOA they do not have the account because it was charged off before the merge.  So I cannot find anyone to call about this.  The law firm that recently contacted me says that the original creditor is Credigy Receivables which is the CA.  I really do not know how to proceed.  I submitted a DV to the law firm but they have not responded other than this settlement attempt about 3 weeks after they received the letter from me. 

[Anonymous]

Would this letter be a good or bad idea?

Dear Mr. XXXX:

I have written you in the past and I have included a copy of the letter which was previously sent to you.  It was sent by registered mail with return receipt requested and someone in your office signed for the mail on June 21st.  At that time I requested validation of the debt that you have written to me about.  I have not heard from you as of today and I have since been trying to confirm some information on you.  I do not see you listed with the Illinois Bar Association and since I live in X County I have been also unable to verify you in X County as a registered debt collector anywhere in the state of Illinois.  The alleged balance with Credigy Receivables has never been validated by anyone at your firm or by anyone at Credigy Receivables.  I have called Fleet Bank and they do not have any record of my account with them at any time so as far as I am concerned you are trying to collect on a debt that is not mine.  If no one is able to validate this account then I am not responsible.  In the meantime, until you verify that the debt is mine and also that you are certified to represent Fleet Bank and also Credigy Receivables then you must stop collection attempts on this account.  Otherwise you will be in violation of the FDCPA and legal action will be taken. 

[Anonymous]

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patsfan75 wrote:

Both Experian and Equifax report for DOLA "not reported" but Transunion has it listed as December 2002.

DOFD was Dec 2001

Although TU shows it as Dec 2002

My SOL is 6 years so I guess the 2002 date it valid because it is still showing on all 3 reports.

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SOL goes from DOLA(last payment)

What state are you in? Check state statutes to see what resets SOL in your state, other than payments.

If you live in a different state then where you opened the account, you need to check SOL for both states.

[llecs]

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patsfan75 wrote:

Would this letter be a good or bad idea?

Dear Mr. XXXX:

I have written you in the past and I have included a copy of the letter which was previously sent to you.  It was sent by registered mail with return receipt requested and someone in your office signed for the mail on June 21st.  At that time I requested validation of the debt that you have written to me about.  I have not heard from you as of today and I have since been trying to confirm some information on you.  I do not see you listed with the Illinois Bar Association and since I live in X County I have been also unable to verify you in X County as a registered debt collector anywhere in the state of Illinois.  The alleged balance with Credigy Receivables has never been validated by anyone at your firm or by anyone at Credigy Receivables.  I have called Fleet Bank and they do not have any record of my account with them at any time so as far as I am concerned you are trying to collect on a debt that is not mine.  If no one is able to validate this account then I am not responsible.  In the meantime, until you verify that the debt is mine and also that you are certified to represent Fleet Bank and also Credigy Receivables then you must stop collection attempts on this account.  Otherwise you will be in violation of the FDCPA and legal action will be taken. 

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A custom letter is probably the only way to go. I'd also file a complaint with the FTC.