T-Mobile DV response, please help

[llecs]

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scottie_mommy wrote:

Please help me.

I mailed the DV letter on 10/6/08.

They recieved it on 10/10/08.

They sent a letter, that we recieved 10/28/08, the letter is dated 10/20/08 and there is no postmark on the outside since they use prepaid postage.

The letter states:

"In response to your recent request, we are obtaining the information you requested.

As soon as we receive the information, we will forward it to you.

If you have any further questions, please call us at the number above."

Can they do this???

What is our next move?

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This is normal. They are in the process of validating it. Just keep an eye on the phone calls and letters as they can't engage in collection activity until they validate.

[Anonymous]

What about if they send the "paperwork I requested" in response? But actually they did NOT send all that was requested in my DV letter. Their response to if they were certified in the state I inquired about, was that they were certified by a board or something (I don't have the paperwork in front of me), and not that they were certified in the state I asked about. So is that a legitimate answer from them?

[llecs]

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CeRTifiEDNuT wrote:
What about if they send the "paperwork I requested" in response? But actually they did NOT send all that was requested in my DV letter. Their response to if they were certified in the state I inquired about, was that they were certified by a board or something (I don't have the paperwork in front of me), and not that they were certified in the state I asked about. So is that a legitimate answer from them?

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I always get pounced on with this answer, but the FDCPA only requires the OC name, OC contact info, balance due, and a copy of the judgment if sued. Everything else in the DV letters in here are fluff. However, IMO, is doesn't hurt to ask for it and make things harder for the CA in the process. Also, some states require more info if you ask for it, like the licensing info or full accounting if required by that state. So, to answer your message, yes, the answer is legit on the federal level.

Also note that not all states require licensing. I'm in VA, for example, and there is no requirement. And those that do require licensing, some are licensed by the Sec. of State, Sec. of the Insurance or Treasury. And some are licensed by "Boards" commissioned by law through a particular agency. Check out the States link found stickied around here somewhere. Great resource.

Message Edited by llecs on 11-11-2008 09:54 AM

[Anonymous]

Ok well from googling what states have to be licensed to collect, I've found that Louisiana does not have to be licensed. *sighs* I'm not over the SOL, it's 10 years for LA, that's with written contract,, so I'm assuming that a rental property agreement falls in that category. Thanks for the info llecs. Gosh repairing credit is as hard as establishing it in the first place!

[scottie_mommy]

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@llecs wrote:

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@scottie_mommy wrote:

Please help me.

I mailed the DV letter on 10/6/08.

They recieved it on 10/10/08.

They sent a letter, that we recieved 10/28/08, the letter is dated 10/20/08 and there is no postmark on the outside since they use prepaid postage.

The letter states:

"In response to your recent request, we are obtaining the information you requested.

As soon as we receive the information, we will forward it to you.

If you have any further questions, please call us at the number above."

Can they do this???

What is our next move?

---

This is normal. They are in the process of validating it. Just keep an eye on the phone calls and letters as they can't engage in collection activity until they validate.

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Okay, so I finally got a response from them...2 months later.

 They were able to validate all $839.95.  Back when all of this began they sent my DH a settlement offer for $419.98.  Did I burn the bridge by DVing???  Can I send a PFD with the settlement amount? Or did I ruin everything?

I was thinking I could thank them for supplying all of the old phone phone bills (to butter them up a little) and offer to pay $420 (following the standard PFD).  I am so worried that now my DH is stuck with the $840 hanging over his head.

[llecs]

I'd fire off a PFD. If they offered a settlement once, then they'd be willing to accept again.

[Breakthecycle2]

You better make sure they have the authority to collect. They are a scam debt collector and collect on time barred debts they do not own. Furthermore they are not a "lawfirm" as described. I have received letters from them and DV all of them. They went away. I would NOT pay them anything.

[Anonymous]

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@scottie_mommy wrote:

Okay, so I finally got a response from them...2 months later.

 They were able to validate all $839.95.  Back when all of this began they sent my DH a settlement offer for $419.98.  Did I burn the bridge by DVing???  Can I send a PFD with the settlement amount? Or did I ruin everything?

I was thinking I could thank them for supplying all of the old phone phone bills (to butter them up a little) and offer to pay $420 (following the standard PFD).  I am so worried that now my DH is stuck with the $840 hanging over his head.

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scottie_mommie,

the original debt amount is what matters, not interest and fees, and, if as you said aealrier this is from 2004-2006, it is out of SOL. so you can relax.

should they sue, you only need to respond to the summons with the phrase "my affirmative defense is that the statute of limitations on this type of debt has expired". period. they lost.

now, they can still report until 7 years from DOFD and they can still mail you letters.

what is the actual DOFD? did you get the last bill?

if it is out of SOL, and they own the debt, I would offer them no more than 25% of the original for full PFD, otherwise FOAD.

[scottie_mommy]

After I sent the DV, they responded 3 months of T-mobile statements. The last statement is dated 7/20/06.

I mailed a PFD on 1/22/09 for 50%.

If the SOL on this is expired, how do I retract my PFD offer??? Or is it too late?

I also, don't want to get sued for making and retracting an offer (can they sue me?)

This acct has not been on any of my CRs for a few months (since the correspondence began).  I am just afraid of it getting back on there.

[Anonymous]

what you offered you offered, and it stands as it is. At this point, if they accept, I would stand by the original offer and close the matter.