Convergent Outsourcing, Inc.

[Kate28]

I recently received a collections letter from Convergent Outsourcing, Inc. located in Renton, WA. It was addressed to me using my previously married name and I remarried 20+ years ago. It states that I owe some bank, which I am familiar with, over $800.00 and with interest the total amount owed is almost $4,000.00 but their client is willing to settle for around $775. I am not giving exact amounts here. I have 30 days of receipt of the letter to respond.

I have no knowledge of any such debt so did a bit of investigating on the internet and these folks at Convergent seem to be a bunch of real bottom feeders. I dealt with a genuine debt three years ago which had timed out and If I had only known the CORRECT statute of limitations on credit card debt, I was told that it would have been thrown out of court!!. I chose to cite the WRONG statue when I had both right in front of me. This cost me a refinance on my home to pay it off. So, I need some advice on how to handle this one.

 

I checked Equifax and Transunion. Nothing. My credit looks good. I've sent for my Experian credit report this morning so I can check it. After doing some checking up on what underhanded things this "licensed" collections company is up to, I am thinking that possibly they collected bits and pieces of information about me (I used to have a debt and paid it off, my old name, current address etc, created a phony creditor) and are trying to get me to fall for it. I am pretty familiar with what not to say to these people in a letter. I have many, many letters to refer to from the settlement.

 

My question is, since I believe this is just a scam, is there any danger in NOT responding in any way? Should I report them to someone and whom? Should I send the usual "I have not knowledge of this debt, I have not held a credit account in my name in 10 years, since this letter shows a name that is not mine (currently) this is not my debt, please cease and desist? Should I cite the statute of limitations that applies in my state? I feel that there is a slight chance that this could be a very old debt from when I was married before but all of that was taken care of in my divorce in 1991. It would be timed out and the collection agency would be doing something unlawful by trying to collect I believe.

 

[Sandscrit]

Hi, Depending on exactly how this dunning letter was written, it could be construed as a veiled treat to file a lawsuit on an out of statute debt. Using the least sophisticated consumer standard, it is a FDCPA violation to threaten file a lawsuit on a out of statute debt. The best way to get these buggers off you back is to send them a full cease and desist letter. Tell them specifically not to call or contact you again. They are allowed by law to contact you one more time. Keep your letter short and to the point, a paragraph is plenty.Send it CCRM if Convergent does not understand 'do not contact me again,' find a FDCPA consumer attorney and get a case evaluation. Keep a good paper trail.

[Kate28]

Thank you. Where can I find the best guide for writing the most effective Cease and Desist letter? I may end up doing all this myself without legal help. Being brief is something I am working on.

What is a CCRM? Don't see it listed.

Edited July 8, 2014 by Kate28

[Guest]

Convergent folds easy.

 

And it's not "CCRM;" it is CM-RRR, or Certified Mail, Return Receipt Requested.

[adaisyandarose]

Look for a letter called FOAD.

[Sandscrit]

Thank you. Where can I find the best guide for writing the most effective Cease and Desist letter? I may end up doing all this myself without legal help. Being brief is something I am working on.

What is a CCRM? Don't see it listed.

The first thing i would do before sending a FOAD letter would be to let a FDCPA attorney determine whether there are legal grounds for a suit using the least sophisticated consumer standard. Look on line for FDCPA consumer attorneys. If they decide to take your case there is no cost to you because they get their money with attorneys fees from the CA'a they sue on your behalf. Most likely, you, the plaintiff will get a small check included. Most of the time the CA settle outside of court because of the costs envolved with protracted legal proceedings. This is why it is best to let a FDCPA consumer attorney file a lawsuit instead of going it alone as a pro se litigant. The added fees plus court costs and damages put a hole in a collection attorneys pocket.

[breeze]

There's a thread on here where lawyers have signed up because they're interested in helping CBer's sue. Might find someone there. They only take a case if they think they can win.

 

If you look closely at the letter, see if it says "no attorney has personally reviewed your case." if it's there, no need to contact a lawyer, they covered all the legal bases. They know nobody reads that far when they get this kind of letter. However, it has already been decided in court - if they include that statement in the letter, they are home free.

[CG in TX]

IIRC, in Delgado v LVNV, the court held that a letter like that on an out of statute debt, if it includes the word "settlement" can be a violation under the least sophisticated consumer standard.

 

I would send them a letter, offering to forget all about it as long as their check clears...

[Kate28]

I will look online for a FDCPA attorney in my area. Good idea, thanks. In the meantime, I think getting a good Cease and Desist letter ready would be another good idea. I would greatly appreciate having one or more of the knowledgeable people here on this forum look at this letter, both sides, with the personal information blacked out of course. Problem is everything is coming out in a mirror image and it's unreadable.

 

Please feel free to contact me if you think you can help. I have until the end of this month to reply or they will "assume this debt is valid."

Edited July 10, 2014 by Kate28

[Kate28]

Thank you so much! This forum is great!

[ICANHASMUNY?]

all you have to do is '

 

RE; account # _______________________

 

Dear convergent ;

 

I don't recall this account, it doesn't appear on my credit reports, and is probably out of statute ( TIME BARRED )

 

Have you read Delgado v LVNV?

 

Please Cease all communications.

 

sincerely,

 

______________________________

[Kate28]

Got my FOAD letter ready and, if I could, I would roll it up real small........never mind. I don't want to get booted off this forum.

 

I want to thank all of you polite and helpful people for the support. Will certainly keep you updated. Wish I had found this forum several years ago.

[Kat58]

Got my FOAD letter ready and, if I could, I would roll it up real small........never mind. I don't want to get booted off this forum.

 

I want to thank all of you polite and helpful people for the support. Will certainly keep you updated. Wish I had found this forum several years ago.

 

So... What happened?