First Savings CC

[jmr2012]

I'm unsure of how to handle First Savings CC.  It is reported on all three CR's as a charged-off account.  I just received a call from LVNV Funding the other day saying they were going to serve my a summons, however they have yet to do that.  I did tell that the SOL had expired.  So far they have not reported anything on my CR's nor have I received anything in the mail from them.  I do see an inquiry on my CR from them.  I don't know how to proceed from here.  I would like to get it removed from my credit report.  Should I try sending something to First Savings CC?

[DiabolicallyRandom]

Send a DV CMRR immediately.  If that was their first contact with you it will cease all collection activity until they are able to validate.

[jmr2012]

I'm going to do that asap, however I'm not sure where to send it.  I've gotten no mail from them.  I did find a P.O. Box address by searching on the forum.  Should I use that address?

[DiabolicallyRandom]

The address should be listed on your credit report, but I think i have read on here that they tend to report a not working address to the bureaus. Im really not sure. I would do a search on the forums for them and find an address that has worked for others.

[jmr2012]

Thanks, I will search the forums for the address.  Their address isn't listed on my credit report.  The only thing listed is on Experian and it is an inquiry.  There was no address listed.

[DiabolicallyRandom]

I know this will probably be construed as counter productive, but I can't help my train of thought. If you were able to prove that it is definitely out of statute of limitations, what effect would a cease and desist letter have?  Would even attempting to sue, or threaten as in their case, count as violating that? Then, in turn, you could sue them?

[hausfrau]

I'm no lawyer, but... if they threatened you with a summons, under the FDCPA, wouldn't that fall under this?

§ 807.  False or misleading representations  [15 USC 1692e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

(2) The false representation of --

(A) the character, amount, or legal status of any debt; or

(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.