fighting collections on zombie debt

[rckstrscott]

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@burnednotice wrote:
Thanks for the responses guys! I see that this is all appropriate assuming that they did not send dunning notices.
But what if, hypothetically, I may or may not have been unorganized and may or may not have unopened mail several weeks/months old? I believe the fine print on a dunning letter may say something about the CA owning the debt if not answered after several days... And based on the hypothetical info inside the letter I know for sure it is a debt outside of SOL... Would I have, hypothetically, dug my own grave? or can i still DV (or PFD) them?

Really appreciate the feedback.

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Hypothetically speaking, if you received a dunning notification, then any DV you send is not timely, and it warrants no response from the CA. The cease collection bar only happens in the case of a timely DV. If it isn't timely, they can continue to collect, and not respond.

There is nothing to be ashamed of if the hypothetical is true. I ignored dunnings for 7 years! 

How much are the collection accounts for and with what companies? Reason being, is depending on the size of the debt, the age of the debt, the style of the debt, and the company, it may be eaiser to PFD or pay than it would be to fight them on debt validity, esp if you suspect you MAY have gotten a dunning.

-scott

[RobertEG]

+1

Assuming they did not send timely dunning notice, that is an issue of an FDCPA violation, pursued under the statute by complaint to the FTC or legal action on your own.

It is not basis for demanding deletion under the FCRA, and might not be worth the time and effort.  There is a reason why FDCPA violations may not put fear into the hearts of some debt collectors.

[burnednotice]

Ok then!
LVNV - approx $2000. Capital / resurgence - approx $200. Both listed as collections for about a year now. Both claiming to collect from the same OC, a gym membership over 7+ years ago. SOL in my state runs out after 6 years.

So I gather a DV would not be helpful at this point.
I have already sent out written disputes to the CRAs.
Any suggestions on what to do now?

[RobertEG]

Determine the DOFD on the account with the creditor.

CR exclusion must occur no later than 7 years plus 180 days from that date.

If you dont have records, FCRA 623(a)(5) stipulates that no DOFD can be reported that is earlier than the date the account was placed for collection.

[rckstrscott]

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@burnednotice wrote:
Ok then!
LVNV - approx $2000. Capital / resurgence - approx $200. Both listed as collections for about a year now. Both claiming to collect from the same OC, a gym membership over 7+ years ago. SOL in my state runs out after 6 years.

So I gather a DV would not be helpful at this point.
I have already sent out written disputes to the CRAs.
Any suggestions on what to do now?

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Resurgent Capital and LVNV are one in the same. They are both owned by Sherman Financial, and they are notorious for being iffy on the dunning notifications.

I would suggest sending a complaint to the Better Business Bureau of South Carolina. Many of us have had success with removing accounts from them that way. I was able to remove LVNV from my credit report in less than 30 days. Keep in mind, there are some of us on here who HAVEN'T had success going this route, so just be mindful of that. Your situation seems similar to mine.

First LVNV reports an incorrect address on most credit reports. When I sent a DV, I received a return to sender. They also didn't list a phone number. Although Google is easy enough these days to get correct information, I do believe per the FCRA they have to place correct contact information on the credit report. (RobertEG will correct me if I am wrong haha)

So when I filed my BBB complaint, I merely said I will be purusing legal action against LVNV if they do not remove the account from my credit report. I cited the fact they never sent a dunning notification and reported on my credit report anyway (violation of the FDCPA as credit reporting is considered 'collection activity', I mentioned the fact the address they listed on my credit reports is not valid (which is a violation of the FCRA) and I had no way to contact the company except through the better business bureau of SC -- Trust me. They get SO many BBB complaints.

19 days later it was removed.

It wasn't a hollow threat however. I was ready to take legal action against them had then not removed. 

-scott

[burnednotice]

Thanks Scott, I will give it a try.

Roberteg, I'm having trouble understanding your last line. I know the DOFD with OC was sometime in 2004 -- but I don't have any records to prove it. Does this mean I can't use SOL as an argument? Is the "new" DOFD when the CAs appeared last year? Is this what is called reaging??