DV or What? Please respond ASAP!

[Anonymous]

New to this.  Wish I knew about it before, may have messed this up already.  Here’s the scoop…My DH has a collection account CA-Midland Credit Management/OC-Washington Mutual Finance.  It would have been past SOL, but DH agreed to pay CA and we have been paying since Jan, 2005. 

Last July CA called and offered that if we added an additional $20/month to payment, CA would credit account for an extra $20/month on top of total payment amount for a period of 4 months, CA would review again at that time.  I didn’t commit to agreement, but said I would try.  CA said would send confirmation letter just in case, if we couldn’t increase, just pay regular amount.  I went ahead and sent $45.

Needless to say, confirmation letter came and new agreement now stated higher monthly payment amount, nothing about terms discussed with CA rep for extra amount being credited to account.  I didn’t question it at the time, thought that as long as we paid extra for period of 4 months, CA would credit at end of term.  Didn’t happen.  Paid extra for 5 months.

Last month I sent a letter CMRRR explaining that the confirmation letter had not correctly stated terms of arrangement as per relayed by CA rep on phone and that I had never agreed to pay higher amount at all, much less for remainder of term, but had stated that I would try for 4 month period only if I could possibly work it out and that I had in fact paid as requested for time period stated, but CA had not properly credited account.  I told CA that since I had never agreed to pay higher amount, I was lowering monthly pymt back to original amount and wanted CA to review and credit account properly.  I also stated in the letter that there would be no penalty, as there was never an agreement on my part to raise the payment, neither temporarily nor permanently.  Also formally requested future communication would be in writing only.

Typed my name and DH’s name at bottom of letter and unfortunately I signed the letter (didn’t know any better).  DH did not sign letter and original debt was in his name, not mine.

CA sends what they list as a “Payment Slip” monthly.  During 5 months of higher payments, I never used a statement with higher payment listed, only copies of older statements with lower mo pymt listed.  Dec07 resumed paying original pymt amount.  Received a letter (listed as an “Acceptance Certificate”) dated 1/4/08 (don’t remember what day I received) stating that CA had not received agreed upon payment of higher amount and payment arrangement was no longer valid.  I had already sent Jan08 pymt as well, both pymts have cleared bank.  Only have a few days before 30 days is up on new correspondence per letter date, so I need to do something quickly.

Question is, since this says “Acceptance Certificate” are we starting over?  Should I DV or just send a copy of my previous letter (has my signature) or a new letter and continue making pymts at original amount?  We want to refinance mtg soon and don’t want anything on CR.  Pulled all 3 FICO CRs yesterday. CA not on CR, nor on old CRs. OC was on old CR and showed a balance higher than what CA is trying to collect, so I’m not even sure what acct they are trying to collect on.  Last years CR shows OC-DOLA 7/98; Dt Rptd 3/99; Bal 0; pd as agreed, no del, acct transferred or sold.  Don’t want CA to report and don’t want to start clock over on SOL.  Is it too late, what should I do? (Live in FL. According to link listed on this site, SOL is 4 to 5 years depending on type of debt)                   

[FICOfit]

I don't know what to say aside from the fact that you are continually reseting your SOL by continuing to pay them.  I believe SOL starts at the DOLA, which would be the last day you paid them. 

 I am learning this the hard way as well.  If you DV it may set them off to try and sue.  That's why I'm a little hesitant to DV.

[Anonymous]

I am guessing here  so you might get another answer.    For medical bills, do a search for "HIPAA letter".

If the CA is still reporting on your CR......send a DV letter CMRRR

Call the OC  ask if they OWN the account If the person that you talk to is unsure....send a letter.

  It is important for you to know.

If the OC owns the account  start paying them!!!

If the CA bought it  then you have to deal with them.

You have erstarted you SOL. BUT not CRTP    this should not be on your CR.

Never talk to a CA.   it is never too late to DV a CA

The only thing that a CA can do is file a lawsuit for a judgment........you can get an attorney OR handle it yourself.  IF you receive papers for court.....call the court & ask what to do.......they will send you papers to fill ot & mail back to them......then the court will set a date........GO TO COURT!!!!!

Remember that you have been making payments and that these payments have been made on time every month. Now the CA wants more money that you can not afford!!!  It will be up to the judge what he does.....There is always a chance that the judge will not give them a judgment. IF you stop paying the CA and are still paying the OC....you will have all copies of payment (this is only if OC owns the account) The judge will concider these payments also.

IF the OC owns I would start paying them!!  PUT on all checks     for deposit only!!! no mattre who you pay!  and never put a persons name on the check ONLY company name.

I would send a DV  to the CA  and make them give you all info.requested..........they will need all this info if they want to file suit BUT may not have it.

I would never pay more then what you have been!!!!

Please remember this is just my opinion!!  let others add theirs.  I will give you a DV letter to copy....make all the changes that are needed & do not sign it  just type your name....send it CMRRR

This DV  might give you proof needed for you to counter sue or sue the CA for reporting past CRTP.

   If they do not answer within 30 days   they must stop all collection actions!

CERTIFIED MAIL #: _______________________________________________________
Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name    type name only

[Anonymous]

Thanks for your help.  Do you think I should continue to pay regular amount or new higher amount?  Should I send a copy of the original letter with their letter or respond with a new letter?  Can CA report to CR if original debt is beyond original reporting timeframe even though payment SOL has been reset?  They haven't reported to CR in past. I don't have a problem continuing to pay them, but don't want them to report to CRAs and mess up scores, which are not great, but finally coming up after years of struggling!  Want to refi mtg soon due to 30 ARM & high Int rates! Scores: 622; 625; 655.  Help...Suggestons...Anyone?  Thanks! 

[Anonymous]

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kinak wrote:

Thanks for your help.  Do you think I should continue to pay regular amount or new higher amount?  Should I send a copy of the original letter with their letter or respond with a new letter?  Can CA report to CR if original debt is beyond original reporting timeframe even though payment SOL has been reset?  They haven't reported to CR in past. I don't have a problem continuing to pay them, but don't want them to report to CRAs and mess up scores, which are not great, but finally coming up after years of struggling!  Want to refi mtg soon due to 30 ARM & high Int rates! Scores: 622; 625; 655.  Help...Suggestons...Anyone?  Thanks! 

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Before send any money....check with the OC....If they OWN the account  pay them the same amount that you were paying the CA.

Just send the DV to the CA.......do not answer the letter!   I would not pay anything more then what you have been!!!!!  They do this all the time.....they will keep upping the amount that they want you to pay.

They can not report it is way past CRTP!!!!     make the corrections on the DV....delete any mention of CR.   BUT make them tell you if they were assigned or if they own the account. You also want a complete accounting of the account  from day 1!!!!

If it goes to court.....the judge will see that you have been paying...many judges see this & get angry at the CAs.

I think you said that you were in Fl.   Every payment resets SOL  BUT  SOL has nothing to due with CRTP (CR reporting time frame) 

Message Edited by HappyDays on 01-31-2008 01:36 PM

Message Edited by HappyDays on 01-31-2008 01:39 PM

[Anonymous]

Thanks, above reply was to first response from argonne.  Didn't get yours, HappyDays until after I replied.  I really don't want this to go to court if it can be avoided.

OD wasn't medical.  OC says on old CR that account was transferred/sold, but MCM stated in an earlier letter that interest is being charged by the owner of the account, but will not be applied as long as minimum pymt is received  by due date, etc. (Doesn't say who owner of the account is) Also has * at bottom of page with following message:  "Your credit report will not be updated if federal reporting period has expired or we have not previously reported on this account."

[Anonymous]

OK  Call the AGs office & ask for a phone #     you need to talk to someone about a CA  that you do not think is LICENSED to do busness in Florida!!!!!!

I can't find their name on the CA list.  ALL CAs must be licensed in Florida or they can not collect!!!!!!

You might have been paying for nothing.

When talking to Fl.  Ask if they are not licensed can you sue to get your money back. ALSO  if not licensed  file a complaint with Fl. AGs office and Cal.AGs office and  www.ftc.gov

Do not let DH near a phone or a PC!!!!

To start with (im sure that you know now) you do not have to pay anything past SOL....this CC  was past SOL  4 years after DOLA   Yes you restarted SOL  BUT  if they are not licensed it is illegal for them to collect.

Send that DV

Where in Fl.  I go there twice a year.

Message Edited by HappyDays on 01-31-2008 01:59 PM

[Anonymous]

Also, CA has not yet reported to any CRA to my knowledge, pulled all 3 yesterday, nothing from OC or CA.  Most recent letter from CA doesn't have comments listed in above reply regarding interest/owner of debt/or reporting to CRs. That was from an earlier letter. 

[Anonymous]

OK. Where did you find list of licensed CAs for FL or can you say? Why do I need to file with Cal AG?

Avon Park, very small town right in middle of state, approx 80-90 miles from Orlando to NE and Tampa to NW, 10 miles from Sebring (you may have heard of the Sebring Races/Camel GT)

[Anonymous]

Was the account charged off with the OC - then ask the AG's office if SOL can can re-start on a charged off account.

From reading (can't find much to substantiate and may/will vary with different states - if charged off by OC then SOL cannot restart.  Doesn't matter how many payments you make.

Caution:  I can't find anything definitive on this.  Just lawyers talking/blogging.