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HELP received Collection letter tonight.

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Outdoorstech1
Frequent Contributor

HELP received Collection letter tonight.

I received a letter in the mail tonight from a local law office from one of my collection accounts on my CR.

 

Letter States:

"Please call our office as soon as possible to discuss a resolution of the above referenced account. Our client has approved the filing of a lawsuit in this regard and we hope to first discuss the matter with you so that we may be able to resolve the matter without filing a lawsuit."

 

I think I may of woke the bear when I logged into the pay site they operate to see what the balance was because I made a payment last August 2013 before knowing about credit and how it all works. Smiley Surprised

 

How should I respond? I don't want another lawsuit. Have one Satisfied Judgement from an old CC on my CR.  And my score just jumped 10+ points this month as I am trying to rebuild my credit. 

 

Back in 2012 when the attorneys office first contacted me and sent me a letter they stated in that letter:

"In the interest of resolving this debt with our client we have been authorized to offer you a settlement of 70% of the balance due if received at our office by october 2012. Current Balance due $3,268.12"

 

How do I know if that was the original amount I owed Chase Bank? Would this be the amount on the Trade Line on my Credit Report? 

 

Then in March of 2013 they sent me a letter stating that "In the above referenced matter this will confirm our conversation that we had will forbear from proceding in this matter provided that you comply with the following mutually agreed payment arrangement"

 

I believe that was over phone nothing in writing. I remember talking to tham aka why I made a payment in August of 2013. 

 

Then the letters stopped and I received a letter tonight in the above post. 

 

Do I even send them a DV. Is it too late now? If I do do I send it to the attorney's office, Midland funding or both?   HELP!!!!! I want to resolve this without a lawsuit and get this behind me. 

 

 

 

 

MIDLAND FUNDING LLC

 

Placed for collection: 11/28/2011

Responsibility: Individual Account

Account Type: Open Account

Loan Type:Factoring Company Account

Balance: $3,232

Date Updated: 05-19-14
Last Payment Made: 08-15-13

Original Amount: $3,268

Original Creditor: Chase Bank NA

Past Due: >$3,232<

>In Collection<

Remarks: >PLACED FOR COLLECTION<
Estimated month and year that this item will be removed: 08/2016 

 

 

Message 1 of 28
27 REPLIES 27
eric19k
Established Contributor

Re: HELP received Collection letter tonight.

Send DV. Find money for settlement.
TU Scores:
May 2014- 466
July 2014- 537
September 2014- 602
Goal Scores- 720 by March 2014
Message 2 of 28
Outdoorstech1
Frequent Contributor

Re: HELP received Collection letter tonight.

 

 

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Message 3 of 28
Outdoorstech1
Frequent Contributor

Re: HELP received Collection letter tonight.

bump... anyonre? Smiley Frustrated

Message 4 of 28
TheFate
Established Contributor

Re: HELP received Collection letter tonight.

I would send a DV letter certified mail, then if they are able to verify the debt then I would offer a settlement for a PFD.

 

Don't let them intimidate you, just send out the DV letter ASAP don't wait

Message 5 of 28
Outdoorstech1
Frequent Contributor

Re: HELP received Collection letter tonight.

Is this an OK DV letter?

 

Dear Law Offices of Howard Lee Schiff,

 

This letter is being sent to you in response to a notice sent to me on 7/22/2014.  Pursuant to the Fair Debt Collection Practices Act, 15 USC 1692(g) I am requesting that validation of this alleged debt is requested. I would like validation of the original amount from the alleged client. 

 

 

 

 

Your’s truly,

 

 

Message 6 of 28
TheFate
Established Contributor

Re: HELP received Collection letter tonight.

I would look for a more detailed one, with that letter they will just send you a sheet of paper stating how much you owe and how much interest.

 

Find one that states you are requesting Orginal documents with proof of ledger, proof the Statue of Limitations has not surpassed on this account, prove you can collect in my state etc....

 

Give them something to work on, most of the time the more complicated it is the easier it is for them to delete, just dont sound too demanding

Message 7 of 28
Outdoorstech1
Frequent Contributor

Re: HELP received Collection letter tonight.

How is this?

 

 

 

 

Dear Law Offices of Howard Lee Schiff,

 

I am responding to your contact about a notice sent to me via mail on 7/22/2014.  Pursuant to the Fair Debt Collection Practices Act, I am requesting that validation of this alleged debt. Please supply the information below so that I can be fully informed:

 

Why you think I owe the debt, and to whom I owe it, including:

 

-The name and address of the creditor whom the debit is currently owed, the full account number used by that creditor. 

-Provide verification and documentation that there is a valid basis for claiming that I am required to pay the debt to the current creditor. For example can you provide a copy of the statement from the original creditor with the amount of the alleged debt, complete with payment history. 

-Provide a copy of the original written agreement that created my original requirement to pay?  

 

The amount and age of the debt including:

 

-A copy of the last billing statement sent to me by the original creditor.

-State the amount of the debt when you obtained it, and when that was. 

-If there have been any additional interest, fees, or charges added since the last billing statement from the original creditor. -Provide an itemization showing the dated and amount of each added amount. In addition, explain how the added interest, fees, or other charges are expressly authorized by the agreement creating the debt or are permitted by law. 

-Tell me when the creditor claims the debt became due and when it became delinquent. 

-Identify the date of the last payment made on this account to the original creditor. 

-Have you made a determination that this debt is within the statue of limitations applicable to it? Tell me when you think the statue of limitations expires for this debt, and how you determined that. 

 

 

In addition to providing the information requested above, please let me know whether you are prepared to accept less than the balance you are claiming is owed. If so, please tell me in writing your offer with the amount you will accept to fully resolve the account.

 

Thank you for your cooperation. 

Sincerely,

 

*******

 

 

Message 8 of 28
TheFate
Established Contributor

Re: HELP received Collection letter tonight.


@Outdoorstech1 wrote:

How is this?

 

 

 

 

Dear Law Offices of Howard Lee Schiff,

 

I am responding to your contact about a notice sent to me via mail on 7/22/2014.  Pursuant to the Fair Debt Collection Practices Act, I am requesting that validation of this alleged debt. Please supply the information below so that I can be fully informed:

 

Why you think I owe the debt, and to whom I owe it, including:

 

-The name and address of the creditor whom the debit is currently owed, the full account number used by that creditor. 

-Provide verification and documentation that there is a valid basis for claiming that I am required to pay the debt to the current creditor. For example can you provide a copy of the statement from the original creditor with the amount of the alleged debt, complete with payment history. 

-Provide a copy of the original written agreement that created my original requirement to pay?  

 

The amount and age of the debt including:

 

-A copy of the last billing statement sent to me by the original creditor.

-State the amount of the debt when you obtained it, and when that was. 

-If there have been any additional interest, fees, or charges added since the last billing statement from the original creditor. -Provide an itemization showing the dated and amount of each added amount. In addition, explain how the added interest, fees, or other charges are expressly authorized by the agreement creating the debt or are permitted by law. 

-Tell me when the creditor claims the debt became due and when it became delinquent. 

-Identify the date of the last payment made on this account to the original creditor. 

-Have you made a determination that this debt is within the statue of limitations applicable to it? Tell me when you think the statue of limitations expires for this debt, and how you determined that. 

 

 

In addition to providing the information requested above, please let me know whether you are prepared to accept less than the balance you are claiming is owed. If so, please tell me in writing your offer with the amount you will accept to fully resolve the account.

 

Thank you for your cooperation. 

Sincerely,

 

*******

 

 


Check your pm Smiley Wink

Message 9 of 28
eric19k
Established Contributor

Re: HELP received Collection letter tonight.

It looks good but they don't have to provide all the info.
Just be prepared to settle or research the debt for violation so you can defend yourself better this time.
TU Scores:
May 2014- 466
July 2014- 537
September 2014- 602
Goal Scores- 720 by March 2014
Message 10 of 28
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