SOL,DOFD, Dunning etc.

[Lasardo]

I just received a statement from a collection agency called Convergent for Mervyns or LVNV funding. (original creditor is Mervyns) 

It states I owe $1516.00 and they will settle for 35% of the bill . $530.82.

I had this removed off my credit report last year. It states on the report I owe $490.00, the account was opened in 1997 and DOFD is 4/2005. The SOL for  my state is 3 years. 

I have no idea where to start here, any advise is welcome. and any example letters are welcome..

[rckstrscott]

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@Lasardo wrote:

I just received a statement from a collection agency called Convergent for Mervyns or LVNV funding. (original creditor is Mervyns) 

It states I owe $1516.00 and they will settle for 35% of the bill . $530.82.

I had this removed off my credit report last year. It states on the report I owe $490.00, the account was opened in 1997 and DOFD is 4/2005. The SOL for  my state is 3 years. 

I have no idea where to start here, any advise is welcome. and any example letters are welcome..

---

Ceast and desist. Done and done. There is nothing to do.  The debt is beyond the SOL, it is beyond the CRTP, and if you had it removed via dispute, it cannot be reincluded by any CA without addtional documentation provided to the CRA by the CA.

This is Convergent being Convergent. You could settle it if you don't want another CA to come after this debt, but really, all it will take is a new dunning and another cease and desist. I would not worry one second over this one.

Cease and desist. It will be done. I did this a month ago with a similar account, much smaller, but same company, same timeframe, same scenerio. 

Nothing keeps them from trying, but any action they take (putting it on CRA report, suing you, ect) will be easily defeated. They are just trying to collect on the uninformed.

-scott

[RobertEG]

If the DOFD was 4/2005, the credit report exclusion period does not expire until after 10/2012.

I would not send a cease communication letter at this time if they have either not sent dunning notice or you are still within the 30-days since dunning notice.

Any DV you would send would be timely, thus invoking a total cease collection bar until they verify.  That includes both communications and credit reporting.

A less-comprehensive cease communication letter can wait until such time as they might provide verification.

Sample letter:

"I request verification of the debt under FDCPA 809(b), including itemization of the asserted debt and the name of the original creditor."

[rckstrscott]

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@RobertEG wrote:

If the DOFD was 4/2005, the credit report exclusion period does not expire until after 10/2012.

I would not send a cease communication letter at this time if they have either not sent dunning notice or you are still within the 30-days since dunning notice.

Any DV you would send would be timely, thus invoking a total cease collection bar until they verify.  That includes both communications and credit reporting.

A less-comprehensive cease communication letter can wait until such time as they might provide verification.

Sample letter:

"I request verification of the debt under FDCPA 809(b), including itemization of the asserted debt and the name of the original creditor."

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Ahhhhh.. I saw the 1997 and didn't see the DOFD of 05.

My fault. Disregard.

-scott

[Lasardo]

Thanks for the replys, much appreciated. 

               How does this sound:

 Me

My address

Convergent outsourinch Inc.

Address

Credtor

Account#

Convergent account #

Original Creditor: Mervyns 

To whom it may concern:

 This letter is to inform you under the FDCPA, 809 (a) that the validity if this dept is disputed. It is not to be construed as acknowledgement of liability for this debt in any form. 

I request FULL validation including itemization for the alleged debt from the alleged original creditor, Mervyns, within 30 days from the date of this letter. 

If Convergent is unable to honor my request, under the FTC and the FDCPA Convergent, LVNV and Mervyns will  agree to delete ALL information regarding this account from any and all records and will not discuss the account with any third party, including credit reporting agencies. 

                                                                   Sincerely, 

                                                                             Me 

I really need to have someone proof read this, add what you think should be added...thank you so much  in advance..

Also..IF by some act they are able to validate this, then what? My SOL is 3 years and the amount is $1200 too much from what it stated on my last CR. 

[MarcinXP]

---

@Lasardo wrote:

Thanks for the replys, much appreciated. 

               How does this sound:

 Me

My address

Convergent outsourinch Inc.

Address

Credtor

Account#

Convergent account #

Original Creditor: Mervyns 

To whom it may concern:

 This letter is to inform you under the FDCPA, 809 (a) that the validity if this dept is disputed. It is not to be construed as acknowledgement of liability for this debt in any form. 

I request FULL validation including itemization for the alleged debt from the alleged original creditor, Mervyns, within 30 days from the date of this letter. 

If Convergent is unable to honor my request, under the FTC and the FDCPA Convergent, LVNV and Mervyns will  agree to delete ALL information regarding this account from any and all records and will not discuss the account with any third party, including credit reporting agencies. 

                                                                   Sincerely, 

                                                                             Me 

I really need to have someone proof read this, add what you think should be added...thank you so much  in advance..

Also..IF by some act they are able to validate this, then what? My SOL is 3 years and the amount is $1200 too much from what it stated on my last CR. 

---

If they do verify here are some options:

1) They cannot sue you or make you pay. If SOL is 3 years then time is long up..almost 4 years ago. So you clear there.

2)  If you don't pay it then they can place that on your credit but good news is that looks like CRTP is 10/2012 so that means it will fall off your credit in less than 2 months. I doubt they would even bother putting this in your credit. In-fact if you DV, by the time they verify and send you something it will almost be October.

Just remember there is THE LAW and THE COLLECTION. The Law states they cannot sue you past 3 years and it cannot be on your credit longer than 7 years 180 days. The Collection however can go forever and ever and they can stalk you for rest of your life, although some states now are adopting a rule that states collection cannot chase you if you are past either SOL or CRTP..don't remember which ones. But I think that its only one or two states so far..maybe others will follow

[Lasardo]

Could I send a CEASE and DESIST after they validate, if they validate? Will that protect me? I'm not too famliar with how it all works, AND should I send this certified/return receipt? 

[MarcinXP]

---

@Lasardo wrote:

Could I send a CEASE and DESIST after they validate, if they validate? Will that protect me? I'm not too famliar with how it all works, AND should I send this certified/return receipt? 

---

I would send the DV certified/return receipt that way you have proof and they know you do so if they go on your credit before they validate you have documentation that they broke the law. As far as Cease and Desist..yes you can..That will protect you from them calling or writing you..just know that it protects you from THAT agency...as soon as debt reaches a certain length of time with a collections agency or they get C&D they usually sell it to another JDB and the whole ball game begins again.

I personally don't do C&D. I support US post office. God knows they need the money so I don't do C&D and I allow all flyers to come to me and do not do the DO NOT MAIL thing..if State farm wants me to come join them...I will do see until then they can send me weekly flyers...which they do...52 a year and Post Office makes money..LOL...also I allow creditors to call me...we chat...I try to keep them on the phone for as long as possible until I get a PFD...they have quota of how many customers to call a day...eventually someone is going to notate DONT CALL THIS GUY CAUSE HE IS GOING TO KEEP YOU ON THE PHONE AND NOT PAY..lol

[Lasardo]

I sent it return-receipt and now I wait..

And wait..

I know they can not verify it. It is too old, and i really do not think i owe it..in addition you notice how it states II owe $1550 and they will do a settlement for 35% of the amount I allegedly owe? 

On my last credit report it states the high balance is $500 do you see what they did there? Those crooks, make me think I am getting a settlement. 

Anyway thanks for the replies and the giggles, will keep you all posted as to what happens..

[RobertEG]

Take out all the stuff about giving them 30 days.  Their is no legal basis for such a demand.

You might, being as you challenge the amount of the added fees/interest, include the following paragraph:

"I request a specific itemization of all amounts asserted as owed, as you are apparently adding amounts that are not specifically authorized in my original account agreement, and thus in possible violation of FDCPA 808(1),  which makes it a violation to attempt to collect "any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law."