Need help with Creditor

Anonymous · ‎03-31-2008

Quick background......I live in Oklahoma and recently divorced. On Feb 25 I get a letter from Portfolio Recovery Services saying I owe $7000 from a Midland Credit Manager/Providian Bank account that I had several years ago. Its the normal letter that if they don't hear from me within 30 days they are going to contact a lawyer in my area and obtain a judgement against me. So on March 6th I sent a CMRRR letter to them that they sign for on March 11th with the basic letter from here stating I need DV.

So then on March 20th, I recieve a letter from Love, Beal, & Nixon for this same account stating that unless I notify them in 30 days that I dispute this debt they are seeking a legal judgement against me. These people are scum I know and they will do it.

THEN today March 31st, I get a letter from Portfolio Recovery stating my name, acct #, and date they purchased this account 7/12/2007. Also included is an Affidavit of Ownership and sale of claim where they supposedly bought this debt.

On my credit report it shows a zero balance owed and DOLA 03/2003. The credit report doesnt show any charge off or late payments even though I think this debt is valid but I'm not 100% sure.

MY QUESTION is how do I proceed? What letters do I send and to whom? I know Love, Beal, & Nixon will file suit from a 1 bad past experience and can't have that happen again cause I'm repairing credit from divorce. Any help will be greatly appreciated.

Junejer · ‎03-31-2008

It seems like SOL is up if DOFD is 03/2003. Is this also the state in which the debt was incurred. So, if you are 100% sure of this DOFD, you can send any and all of them the vaunted FOAD letter.

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Anonymous · ‎03-31-2008

Yes it is the same state....Oklahoma. I'm not 100% the DOFD but here is what is listed on my credit report:

Date reported 3/03

DLA 3/03

Date opened 5/98

Current Status 01

ECOA A

Historical Status #MO 35

Times Past Due 0 0 0

High credit 7142

Credit limit 7000

This report was run on Jan 10,2008 by a mortgage company. Since they bought the debt in 2007 does that matter? Thanks again

Junejer · ‎03-31-2008

Which CRA is this from? EQ? They use DOLA in place of DOFD.

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Anonymous · ‎03-31-2008

It was a 3 in 1 reort from all the agencies but the 1 listed for this creditor was TU-1

Thanks

Junejer · ‎03-31-2008

Looks like you are out of SOL as of tomorrow. Send the FOAD letter.

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Anonymous · ‎03-31-2008

Thanks for the help......does it matter that they contacted me before the SOL was up?

Junejer · ‎03-31-2008

You weren't properly served with papers were you? If not, no it doesn't matter.

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Anonymous · ‎03-31-2008

Nope no papers......just letters. SHould I send a DV letter though to Love, Beal, & NIxon to keep them off of me and have them prove SOL before getting a judgement?

Anonymous · ‎03-31-2008

I love it when Mod's bust out the FOAD letter-

Even better when the OP does not need to ask what FOAD stands for ....

ByrdMan wrote:
Looks like you are out of SOL as of tomorrow. Send the FOAD letter.