Dunning letter, help us fight this one

[fury1995]

Just received this today (my SO, not mine). Input appreciated before we move forward. Will try to answer any and all questions regarding his credit background as much as possible...

 

Creditor: LVNV Funding LLC

Original Creditor: Washington Mutual Bank,

NA/Washington Mutual Bank

Original Account #: XXXXXXXXXXXXXX

Ref#: XXXXXXXXX

Total Due: $X,XXX.XX

 

This is to advice you that your account has been assigned to our office for collection by the above mentioned client. Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days after receiving this notice that you dispute the validity of this debt or any portion of it, this office will will obtain verification of the debt or a copy of a judgement and mail you a copy of such judgement or verification. If you request of this office in writing within 30 days after receiving this notice this office will provide you with the name and address of the original creditor, if different from the current creditor.

 

In order to aid your financial situation, as may be necessary, we could set up your account on a monthly payment plan

We would like to extend the following settlement offer:

A 70% discount payable in 6 payments of $XXX.XX, Each payment within 30 days of the previous payment.

We are not obligated to renew this offer.

For your convenience you may pay via a check over the phone or credit card.

You have our word that your account executive will treat you fairly and with respect.

Sincerely,

First National Collection Bureau, Inc.

 

Thanks so much in advance!

[funkiehouse]

We would like to extend the following settlement offer:

A 70% discount payable in 6 payments of $XXX.XX, Each payment within 30 days of the previous payment.

 

Scum JDB. This is a huge sign that it is past SOL.

 

Is this reporting on your reports?

 

FIguring out how old this is should be your first task. That will depend on what letter you send. Make sure to send it CMRR when you do reply.

 

Don't be discourage if you end up sending a DV and they come back at you with a BS validation letter. We'll deal with that when it happens.

[funkiehouse]

http://creditboards.com/forums/index.php?showtopic=536474

 

Someone else has a similar issue going on.

[funkiehouse]

Settlement offer on the first attempt comtacting you is also a sign that they have nothing to validate the debt.

 

Did they include all of the debt collection statements as required in the letter? Usuall on the back.

[fury1995]

Settlement offer on the first attempt comtacting you is also a sign that they have nothing to validate the debt.

 

Did they include all of the debt collection statements as required in the letter? Usuall on the back.

 

Thanks for taking a moment to advise. I've never written a dispute letter so this will be his/my first attempt and first fight.

There is nothing on the outside of the envelope, just a clear window with the recipient's name and address and :

 

Dept. # 21377

PO Box 1259

Oaks. PA 19456

ADDRESS SERVICE REQUESTED

 

There is nothing on the back of the letter. The only other line in the letter was at the bottom that said:

 

This is an attempt to collect a debt. Any information obtained will be used for that for purpose. This is a communication from a debt collector.

 

I just saw the thread you linked. Are they attempting something illegal? Should I copy one of the letters in that thread and send it?

 

Thanks

[ICANHASMUNY?]

Probably - you can use that letter in the linked thread as a template, post your letter here before sending

 

What state are you in?

 

WAMU was bought out by chase in 2008.

[fury1995]

Probably - you can use that letter in the linked thread as a template, post your letter here before sending

 

What state are you in?

 

WAMU was bought out by chase in 2008.

 

Thanks for the follow up.

 

We're in Virginia.

 

I'll grab that letter and post here.

 

Thanks

[fury1995]

Should we use this one or the other one?

Thanks!

First National Collection Bureau, Inc.

610 Waltham Way

Sparks, NV 89434

Xxxx X. Xxxxx (Name)

XXXXX Xxxxx Xxx

Xxxxxxx, XX XXXXX (Address)

November 28, 2014

CMRR# (Can be written in on the letter once you get the forms at the post office)

Re: Refence # 0XXXXXXXX

I am writing in response to your letter dated November 20, 2014. I am disputing the validity of the debt you claim I owe and I am requesting validation pursuant to the Fair Debt Collection Practices Act (FDCPA). Until you have provided evidence to validate this alleged debt, you may not continue any collection activity. I am also demanding that you do not report this alleged debt to any of my consumer credit reports and I hope you understand that reporting an unvalidated, disputed debt can be construed as continued collection activity. Be advised that I fully understand my rights under the FDCPA and the Fair Credit Reporting Act (FCRA) and that I am aware that the Virginia Statue of Limitations for civil action is 3 years. I'm also aware that selling an unvalidated and disputed debt to another collection agency without notifying them that the debt has not been validated, and is in dispute, is a violation of the FDCPA.

Please direct all future correspondence to the address listed above and please avoid contacting me by phone, as it is inconvenient for me to receive calls about this matter. I look forward to your reply and your closure of this matter.

Xxxx X. Xxxxx

Edited November 29, 2014 by fury1995

[ICANHASMUNY?]

no, the one I posted

[ICANHASMUNY?]

and change it about a bit - so it's not exactly the same, please .

[fury1995]

I used the names of the creditor and original creditor in this letter. Let me know if they should be removed. I hope it's modified enough.

First National Collection Bureau, Inc.

610 Waltham Way

Sparks, NV 89434

Xxxx X. Xxxxx (Name)

XXXXX Xxxxx Xxx

Xxxxxxx, XX XXXXX (Address)

November 28, 2014

CMRR#

Re: Refence # 0XXXXXXXX

I am responding to your contact about a debt you are trying to collect. You contacted me by mail, via a letter dated November 20, 2014 and identified the debt as a collection account assigned to your office by "Creditor: LVNV Funding LLC." Please supply/validate 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 (stated as LVNV Funding LLC in your letter) to whom the debt is currently owed, the account number used by that Creditor and the amount owed.

• Provide the name and address of the Original Creditor (stated as Washington Mutual, NA/Washington Mutual Bank in your letter) , the account number used by that Creditor, and the amount owed to that Creditor at the time it was transferred. When you identify the Original Creditor, please provide any other name by which I might know them, if that is different from the official name. In addition, tell me when the current Creditor obtained the debt and who the current Creditor obtained it from.

• Provide verification and documentation that there is a valid basis for claiming that I am required to pay the debt to the current creditor (stated as Washington Mutual, NA/Washington Mutual Bank in your letter). For example, can you provide a copy of the written agreement that created my original requirement to pay?

• If you are asking that I pay a debt that somebody else is or was required to pay, identify that person. Provide verification and documentation about why this is a debt that I am required to pay.

Provide information regarding the amount and age of the debt, specifically:

• A copy of the last billing statement sent to me by the Original Creditor (stated as Washington Mutual, NA/Washington Mutual Bank in your letter).

• State the amount of the debt when your client, LVNV Funding LLC 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 (stated as Washington Mutual, NA/Washington Mutual Bank in your letter), provide an itemization showing the dates 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.

• If there have been any payments or other reductions since the last billing statement from the original creditor (stated as Washington Mutual, NA/Washington Mutual Bank in your letter), provide an itemization showing the dates and amount of each of them.

• If there have been any other changes or adjustments since the last billing statement from the original creditor (stated as Washington Mutual, NA/Washington Mutual Bank in your letter), please provide full verification and documentation of the amount you are trying to collect. Explain how that amount was calculated. In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the debt or permitted by law, if the account was charged off in accordance with federal regulations by the original creditor.

• Tell me when the creditor (stated as LVNV Funding LLC in your letter) claims this debt became due and when it became delinquent.

• Identify the date of the last payment made on this account.

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

Please provide me with information on LVNV Funding, and why you are stating they are a "Creditor", when clearly Virginia Law requires LVNV Funding to be licensed as a "Collection Agency", and indeed holds such a license.

I have asked for this information because I have some questions about this debt. Because of my questions, please consider the debt to be disputed at this time. If you stop your collection of this debt, and forward or return it to Resurgent Capital Services, please indicate to them that it is disputed and forward this request to them. If you report it to a credit bureau (or have already done so), also report that the debt is disputed. In addition, you should state in any report that you have failed to fully verify the debt in response to my request (unless you have already provided all the necessary information). If you fail to provide any of the information or documentation I have asked for, please say why. If you do not provide it, and do not adequately explain why, I will understand that you are unable to confirm or document your claims.

Xxxx X. Xxxxx

[funkiehouse]

Use ICAN's letter.

 

Looks good to me. Remember to send certified mail return reciept to build your own paper trail.

 

Keep this paper trail for many years incase this ever pops back up from another CA or them.

[Sandscrit]

 

I used the names of the creditor and original creditor in this letter. Let me know if they should be removed. I hope it's modified enough.

First National Collection Bureau, Inc.

610 Waltham Way

Sparks, NV 89434

Xxxx X. Xxxxx (Name)

XXXXX Xxxxx Xxx

Xxxxxxx, XX XXXXX (Address)

November 28, 2014

CMRR#

Re: Refence # 0XXXXXXXX

I am responding to your contact about a debt you are trying to collect. You contacted me by mail, via a letter dated November 20, 2014 and identified the debt as a collection account assigned to your office by "Creditor: LVNV Funding LLC." Please supply/validate the information below so that I can be fully informed:

This alleged debt is disputed prove I owe money and to who.

•

Who is the origional creditor?

• Do not call me at anytime as all calls are inconvenient

•

•Is this alleged debt past the state statute of limitations to file a lawsuit to collect a debt?

•

• .

[fury1995]

 

 

I used the names of the creditor and original creditor in this letter. Let me know if they should be removed. I hope it's modified enough.

First National Collection Bureau, Inc.

610 Waltham Way

Sparks, NV 89434

Xxxx X. Xxxxx (Name)

XXXXX Xxxxx Xxx

Xxxxxxx, XX XXXXX (Address)

November 28, 2014

CMRR#

Re: Refence # 0XXXXXXXX

I am responding to your contact about a debt you are trying to collect. You contacted me by mail, via a letter dated November 20, 2014 and identified the debt as a collection account assigned to your office by "Creditor: LVNV Funding LLC." Please supply/validate the information below so that I can be fully informed:

This alleged debt is disputed prove I owe money and to who.

•

Who is the origional creditor?

• Do not call me at anytime as all calls are inconvenient

•

•Is this alleged debt past the state statute of limitations to file a lawsuit to collect a debt?

•

• .

 

Thanks for the input!

 

Should I abbreviate the entire letter to what is above or alter what I have to include what you have added?

 

Thanks!

[fury1995]

•  

   

   

  I used the names of the creditor and original creditor in this letter. Let me know if they should be removed. I hope it's modified enough.

   

   

  First National Collection Bureau, Inc.

  610 Waltham Way

  Sparks, NV 89434

   

  Xxxx X. Xxxxx (Name)

  XXXXX Xxxxx Xxx

  Xxxxxxx, XX XXXXX (Address)

   

   

  November 28, 2014

   

  CMRR#

   

  Re: Refence # 0XXXXXXXX

   

  I am responding to your contact about a debt you are trying to collect. You contacted me by mail, via a letter dated November 20, 2014 and identified the debt as a collection account assigned to your office by "Creditor: LVNV Funding LLC." Please supply/validate the information below so that I can be fully informed:

   

  This alleged debt is disputed prove I owe money and to who.

  •

   

  Who is the origional creditor?

   

   

   

  • Do not call me at anytime as all calls are inconvenient

   

  •

   

  •Is this alleged debt past the state statute of limitations to file a lawsuit to collect a debt?

  •

  • .

   

   

   

   

  I'm not sure if you wanted me to remove everything from the previous version of my letter I submitted above and only state what is in the letter below or amend it to include/replace what you typed in red above in addition. Would you be kind enough to clarify for me. I'm failry noviced at this and this will be my first experience dealing with any collection agancy and a dunning letter. I want to be as careful as possible.

   

  Thanks so much for your help!

   

   

  First National Collection Bureau, Inc.

  610 Waltham Way

  Sparks, NV 89434

   

  Xxxx X. Xxxxx (Name)

  XXXXX Xxxxx Xxx

  Xxxxxxx, XX XXXXX (Address)

   

   

  November 28, 2014

   

  CMRR#

   

  Re: Refence # 0XXXXXXXX

   

  I am responding to your contact about a debt you are trying to collect. You contacted me by mail, via a letter dated November 20, 2014 and identified the debt as a collection account assigned to your office by "Creditor: LVNV Funding LLC." Please supply/validate the information below so that I can be fully informed:

   

  This alleged debt is disputed, prove I owe the money and to who.

   

  Who is the Original Creditor?

   

  Is this alleged debt past the Statute of Limitations to file a lawsuit to collect a debt?

   

  Do not call me at any time as calls are inconvenient.

   

  I have asked for this information because I have some questions about this debt. Because of my questions, please consider the debt to be disputed at this time. If you stop your collection of this debt, and forward or return it to any other debt collection agency, please indicate to them that it is disputed and forward this request to them. If you report it to a credit bureau (or have already done so), also report that the debt is disputed. In addition, you should state in any report that you have failed to fully verify the debt in response to my request (unless you have already provided all the necessary information). If you fail to provide any of the information or documentation I have asked for, please say why. If you do not provide it, and do not adequately explain why, I will understand that you are unable to confirm or document your claims.

   

  Xxxx X. Xxxxx

  Quote
• MultiQuote

[ICANHASMUNY?]

pick one or the other, and be done with it.

[fury1995]

My apologies. I didn't mean to casue any frustration. I know you're only trying to help and there are many people asking and this is all volentary on your part. I'll pick one and mail it tomorrow and see what happens. I'll do some more reading and research before I come back again.

 

Again, thank you for the information and my apologies.

 

Happy Holidays.

[fury1995]

We DV'd with First National Collection Bureau, Inc. (listing LVNV Funding LLC as the Creditor and Washington Mutual Bank as the Original Creditor) and this is the response received today:

 

 

"Original Creditor: Washington Mutual Bank, NA

Current Owner: LVNV Funding LLC

Account Number: XXXXXXXXXXXXXXXX

Balance: X,XXX.XX

 

Dear XXXXXX,

 

Resurgent Capital Services L.P. manages the above referenced account for LVNV Funding LLC and has initiated a review of the inquiry we recently received.

 

Should you desire to pay on this account, please contact us at the toll free number as noted above.

 

If we can be of further assistance, please contact one of our Customer Service Representatives toll-free at 1-866-XXX-XXXX.

Sincerely,

 

Customer Service Department

Resurgent Capital Services L.P.

 

Unless you notify us within 30 days after receiving this notice that you dispute the validity of this debt, or any portion of it, we will assume this debt is valid. If you notify us in writing within 30 days after receiving this notice that you dispute the validity of this debt, or any portion of it, we will obtain verification of the debt or obtain a copy of the judgement and mail you a copy of such judgement or verification. If you request of us in writing, within 30 days after receiving this notice, we will provide you with the name and address of the original creditor, if different from the current creditor.

 

This is an attempt to collect a debt and any information obtained will be used for that purpose. This communication is from a debt collector."

 

Page two was just a privacy notice listing all of the Sherman Companies agencies. Incidentally, the amount due changed on this notice. It was increased by $13.02 over the previous notice sent by First National Collection if that makes any difference.

 

What should we do? Do we respond with the same DV letter that was sent to First National? The letter says they have "initiated a review of the inquiry". Not sure what that's supposed to mean. Review of the inquiry? I don't understand why they did not respond to the DV letter and now it says that we have 30 days to dispute or it becomes valid?

 

Thanks for the help.

[fury1995]

Shameless bump.

[ICANHASMUNY?]

you're in VA, which has a 3 year SOL WAMU was bought out by Chase bank in 2008 - you're long past the SOL.

 

send them this abbreviated version

 

RE; account # ______________________

 

 

Dear Resurgent Capital services.

 

I previously sent a validation request to the collection agency you hired; First National Collection Bureau, Inc, but your firm replied. ? I had asked First National to forward my letter on to you

 

 

If you stop your collection of this debt, and forward or return it to Resurgent Capital Services, please indicate to them that it is disputed and forward this request to them.

 

Since you haven't answered any of the questions poised to First National, I'll assume they were negligent.

 

 

• Provide verification and documentation that there is a valid basis for claiming that I am required to pay the debt to the current creditor (stated as Washington Mutual, NA/Washington Mutual Bank in your letter)

 

. For example, can you provide a copy of the written agreement that created my original requirement to pay?

 

• If you are asking that I pay a debt that somebody else is or was required to pay, identify that person. Provide verification and documentation about why this is a debt that I am required to pay.

 

Provide information regarding the amount and age of the debt, specifically:

 

• A copy of the last billing statement sent to me by the Original Creditor (stated as Washington Mutual, NA/Washington Mutual Bank in your letter).

 

• State the amount of the debt when your client, LVNV Funding LLC 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 (stated as Washington Mutual, NA/Washington Mutual Bank in your letter), provide an itemization

showing the dates 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.

 

• If there have been any payments or other reductions since the last billing statement from the original creditor (stated as Washington Mutual, NA/Washington Mutual Bank in your letter), provide an itemization showing the dates and amount of each of them.

 

• If there have been any other changes or adjustments since the last billing statement from the original creditor (stated as Washington Mutual, NA/Washington Mutual Bank in your letter), please provide full verification and documentation of the amount you are trying to collect. Explain how that amount was calculated. In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the debt or permitted by law, if the account was charged off in accordance with federal regulations by the original creditor.

 

• Tell me when the creditor (stated as LVNV Funding LLC in your letter) claims this debt became due and when it became delinquent.

 

• Identify the date of the last payment made on this account.

 

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

 

I have asked for this information because I have some questions about this debt. Because of my questions, please consider the debt to be disputed at this time. If you stop your collection of this debt, and forward or return it to Resurgent Capital Services, please indicate to them that it is disputed and forward this request to them. If you report it to a credit bureau (or have already done so), also report that the debt is disputed.

 

In addition, you should state in any report that you have failed to fully verify the debt in response to my request (unless you have already provided all the necessary information). If you fail to provide any of the information or documentation I have asked for, please say why. If you do not provide it, and do not adequately explain why, I will understand that you are unable to confirm or document your claims.

 

Sincerely,

 

_________________________

[fury1995]

Thanks ICAN. I'll get it out in the mail CMRR first thing Monday. Appreciate your respose.

[cinammonkisses]

Have you heard anything back on this yet??

[fury1995]

Have you heard anything back on this yet??

Just got the CMRR green card last week, just before the weekend.. no letter in response from Resurgent yet though...

[funkiehouse]

Good luck!!