Received verification, now what?

[brooksorlando]

I sent a DV letter to Convergent Outsourcing for an old Comcast bill (dated June 2009). They replied with a copy of the bill with my name and old address on it. What is my next step here? Send a PFD letter? FOAD letter? My state is Pennsylvania if that helps. my goal is to have it totally removed from my report, even if it means paying up.

 

Thanks!

[brooksorlando]

bump please

[Sandscrit]

How much is the bill?

[brooksorlando]

~$1400

[brooksorlando]

Does the size of the collection affect the possibility of a successful PFD?

[brooksorlando]

Is the copy of the bill considered acceptable Validation?

[indignant.kitten]

bump. I am expecting verification (hoping for none though) and would like to know where the line is drawn and what the next step would be in this case.

[marqedsade]

From another site:

 

The Pennsylvania Statute of Limitations on written contracts, oral contracts, promissory notes, and open-end accounts (e.g., credit cards) is 4 years. (42 Pa. C.S. 5525(a)) The creditor has 4 years to file suit from the date of the last activity on the account, which almost always means the last time the debtor made a payment. If the creditor has not filed suit within 4 years of that last payment, the debt is unenforceable. (If the debtor made no payments at all on the account, the Statute runs from the date that the first payment was due.)

 

They cannot sue at this point, and it seems that you MAY have luck with a PFD, however, I would get EVERYTHING in writing from them (without admitting that the debt is yours) BEFORE I paid a dime. In addition, it may be good to find out the date of last payment.

[Sandscrit]

They can still file a lawsuit and do so often; however, you as the defendent in a civil action must assert the statute of limitations as an affirmative defense to get the case dismissed with prejudice.

[brooksorlando]

So what I getting from this is that the statute of limitations has passed, but they may still file suit if they want to. But I seem well defended here.

 

I'm still not sure what the next step is though. I was looking at the FOAD letter here (http://creditboards.com/forums/index.php?showtopic=278917&hl=foad). It seems to mention that the statute of limitations has passed and that "continued collection activities, including reporting, verification or insertion of accounts, beyond their legal collection date, to any consumer credit reporting agency, may be considered extortion and/or fraud and subject to criminal as well as civil prosecution"

 

 

So what's the play here?

[Sandscrit]

Any violations? Junk debt buyers like Covergent are loath to work with you for a PDF.

[Sandscrit]

Is the copy of the bill considered acceptable Validation?

Probably because the threshold is so low using the FDCPA. All a JDB has to give you is the OC's name,address,account number, origional amount of the debt or a copy of a judgment. JDBs perch on your credit report like a vulture knowing you will eventually need credit. A pay for delete will probably get you a 'paid in full' on your credit report but no deletion.