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HELP!!! They found me!!!

The last post in this topic was posted 5737 days ago. 

 

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After years of collection-free bliss (poisoned by terrible credit), I got this letter in my mailbox today:

 

Dear MaxedOut,

 

This letter is to inform you that Satan Corporation has purchased the above-mentioned account from Filthy Scumbag LLC. For a limited time only, we would like to give you the opportunity to resolve this matter voluntarily, and may be able to offer you money saving options.

 

This offer is time sensitive. To resolve this quickly please speak to a Collection Professional now by calling our affiliate Son of Satan Corporation at toll free 1-800-XXX-XXXX. By working together, we can help you resolve this matter, once and for all.

 

Principal: Amount written off (Limit + $541)

 

Interest @23.99%: about $1,500

 

Total amount due: $Holy Crap!!!

 

Thank You

 

Blah, blah, blah...

 

If you notify this office in writing within 30 days of receiving this notice, this office will: obtain verification of the debt or obtain a copy of a judgement or verification. If you request 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.

 

Blah, blah, blah, etc...

 

What should I do?

 

- Ignore it and hope they go away?

 

- Immediately send DV? Notice that they told me in advance what they will respond with, and it is definitely NOT what I will ask for (eg a complete accounting of the debt etc.) - or maybe they will respond with a lawsuit instead?

 

- Something else?

 

PLEASE help! :lol:

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So, send the DV. You know what they have to provide, and even though they told you in the letter what they SAY they will provide, it's no guarantee you'll receive anything.

 

I have come to realize that if we play it by the book, and they generally do not, we have the upper hand. In other words, go ahead and give them a little rope. :wink:

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Thanks for the replies.

 

I'm in Cali, debt is at least 6 months within SOL.

 

Can anyone point me to their favorite DV letter?

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"Dear Scumbag CA:

 

NOTICE: This is not a refusal to pay but rather a notice that your claim is disputed, in its entirety.

 

Please provide validation on this account. I am not requesting verification that you have my mailing address, but rather a complete validation on this account pursuant to the FDCPA.

 

Telephonic communication is inconvenient for me from the hours of 12:00AM Monday through 11:59 Sunday. I thereby request all communication be conducted through the U.S. Postal Service.

 

Sincerely,

Smart Consumer"

 

oir you could look in the database forum and pull the letter there, but I'd leave out that questionnaire page.

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Thanks Pam!

 

But if I simply demand "validation", won't they just fire of a letter which says "the OC is XXX, their address is XXX, and we checked with them and yep, they say you owe it"

 

Shouldn't I be more specific with what I feel constitutes "complete validation"?

 

Meaning:

 

1. Original contract bearing my signature.

2. Complete record of charges/payments on account, including any fees and interest added after delinquency.

3. Their legal claim on this debt, including date of sale and purchase amount.

4. ????

 

There is a school of thought that "less is more", but doesn't this make it too easy for them to "validate"?

 

Thanks so much for the help - extreme nooby here :oops:

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why would you tell them how to do their job? They know what validation is....they just generally don't provide it. IF they don't properly validate, and continue collection, it's a validation

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why would you tell them how to do their job? They know what validation is....they just generally don't provide it. IF they don't properly validate, and continue collection, it's a validation

 

He meant it's a violation. LOL

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why would you tell them how to do their job? They know what validation is....they just generally don't provide it. IF they don't properly validate, and continue collection, it's a validation

 

He meant it's a violation

 

 

DAMN,....Thanks LKH....It's been a LONG week

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Thanks for the replies.

 

I'm in Cali, debt is at least 6 months within SOL.

 

Can anyone point me to their favorite DV letter?

 

Oh what a bummer! Myself I would IGNORE it, as then it just might pass, and it is not so long till the SOL. : )

 

If you respond then they KNOW you are alive. ; )

 

Good Luck!

 

J23 :twisted:

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Myself I would IGNORE it

 

I'm completely torn on this issue, here's how I see it.

 

1. Ignore

 

Pro: they might go away

 

Con: Their next communication might be a summons, and without having DV'd them, I won't have a leg to stand on in court or to negotiate settlement.

 

2. DV

 

Pro: They might night be able to validate, and I get no new CA account on my CRAs and a defense in case I get sued.

 

Con: They might go after me when they otherwise may have moved on to their "live" ones.

 

I don't intend to send the DV until the last minute to try and drag things out as long as possible, so I have a couple weeks to decide...

 

Anyone else have an opinion?

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Myself I would IGNORE it

 

I'm completely torn on this issue, here's how I see it.

 

1. Ignore

 

Pro: they might go away Think about this: If they are contacting you six months before the SOL runs out, it might be just so they CAN file against you. I mean, they aren't stupid, but they probably think YOU are. If you let it go, you leave yourself open to them going after you in a big way.

 

Con: Their next communication might be a summons, and without having DV'd them, I won't have a leg to stand on in court or to negotiate settlement. Uh huh ... that would be MY concern!

 

2. DV

 

Pro: They might night be able to validate, and I get no new CA account on my CRAs and a defense in case I get sued. This is a good possibility. As long as it has been, and since it's with a CA, you have a good chance they won't be able to validate. And if they do validate, you aren't out of options. You can still negotiate a settlement if you have no other choice. At least you're showing that you're proactive and engaged in your financial situation.

 

Con: They might go after me when they otherwise may have moved on to their "live" ones. If they're going to come after you, they're going to do it whether or not you respond to this letter. The worst thing that can happen is they validate and you have to negotiate a settlement. On the other hand, ignoring it will not make it just go away. And you'd have to explain to a judge why you did ignore it if it goes to court. But if you try to validate and they can't, then you have that in your favor if it gets to a courtroom!

 

I don't intend to send the DV until the last minute to try and drag things out as long as possible, so I have a couple weeks to decide...

 

Anyone else have an opinion?

If there's anything I've learned over the years, it's that ignoring things does NOT make them go away (otherwise, my ex would have disappeared a long time ago! :wink: ). You have a chance to work this to your advantage. I say, go for it!

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Myself I would IGNORE it

 

I'm completely torn on this issue' date=' here's how I see it.

 

1. Ignore

 

Pro: they might go away Think about this: If they are contacting you six months before the SOL runs out, it might be just so they CAN file against you. I mean, they aren't stupid, but they probably think YOU are. If you let it go, you leave yourself open to them going after you in a big way.

 

IME when I have ignored at least 50% never did anything and I went past my SOL. : )

 

The others, are still trying to collect, and one did take me to court, and I paid a LOT LESS than they wanted,and I did get to have themVALIDATE on anything they had on me.

 

One thing it could still be going on, but I decided to pay up especially for the fact there is no judgement as this was one of the things I negotiated. : )

 

I feel that going to court you are able to negotiate easier. YMWV : )

 

I think that an OC should notbe IGNORED, but a CA should be.

 

Whatever happens I wish you the best, and this is what thisboard is all about different opininons and experiences and wanting the best for all of us.

 

Good Luck!

J23

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I'm new, so don't go by what I say, but in my situation, I received many letters from collectors that I ignored for 5 years. Then, I got a letter from a JDB's attorney. I sent the DV to the attorney.

 

You might want to ask the experienced people here if most CAs sue without having an attorney send you a letter first, or if you can expect to get a letter from their attorney before they file.

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Don't ignore it.

 

The QuiltGirl is right, ignoring problems never made them go away.

 

Ignoring problems (in this case a CA) could land you right back where you started at the beginning of your credit repair journey, only maybe worse - with a judgment.

 

Send them a DV, don't explain what you expect as validation. Give them room to hang themselves.

 

You can wait if you like, just make sure there's enough time for them to sign for it before your 30 days are up.

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Don't ignore it.

 

The QuiltGirl is right, ignoring problems never made them go away.

 

Ignoring problems (in this case a CA) could land you right back where you started at the beginning of your credit repair journey, only maybe worse - with a judgment.

 

Send them a DV, don't explain what you expect as validation. Give them room to hang themselves.

 

You can wait if you like, just make sure there's enough time for them to sign for it before your 30 days are up.

I would ignore it, but Pam has been around longer than I. Just figured I would add this since she replied while I was repling.

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I would wait until the SoL is over than send a DV letter. This way they are SoL and will have to stop bothering you.

They don't have to stop bothering you once the SOL has expired. They can bother you and continue to try to collect till death do you part.

 

Send validation letter, I say, the version Pam suggested or similar, short and sweet is best. Debt buyers usually don't/won't/can't get the documentation required as verification.

 

Sassy

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You gotta do what you gotta do. Or, in this case, you're gonna do what you're gonna do. But I'm thinking that if you're contacting you a scant six months before the SOL, and you ignore it, you could be in for the shock of your life. That's the way lawsuits get filed.

 

At the very least, you owe it to yourself and your CR to request validation. That way, if they can't provide it, you have a leg to stand on. Judges tend to look unfavorably on those who ignore things like this and will wonder why you didn't take action when you had the chance.

 

Surf this forum and you will find post after post from folks who have been served summons for debts that were ALMOST out of SOL. I guess in the long run it comes down to you deciding if you want to risk it.

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One of the attorneys I talked to also told me not to ignore it, so we sent the DV letter to the JDB's attorney.

 

I was just wondering if it is common that a JDB or CA would have an attorney send a letter before they filed suit or if you just get surprised with a suit. It would be nice to know if there is some kind of warning before a suit is filed.

 

I'm surprised that we have NOT been sued (not that I'm complaining!) One of the attorneys told us that it is because the JDB's attorneys know we would file BK, so they just don't waste their time and money. (I guess if you are in debt, it's best to go all out and REALLY be in debt!)

 

An attorney also told us that here in Atlanta, if you are about to be sued, you will get letters in the mail from BK attorneys, offering help (soliciting business) or telling you that you have had a suit filed against you. He said that we would get those letters before we were served because they are so backed up on providing service. He said BK attorneys have people who go to the courthouse every day and gather info on new suits and send letters out to those getting sued. I don't know if that happens in other cities or not, but if someone gets a solicitation letter from a BK attorney, I think they can expect a lawsuit to follow.

 

(It also sounds like a lot of CAs file suit right before the SOL runs out. I am going to be SOOOO stressed out for the next 8 months!!! :cry: )

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That's the way lawsuits get filed

 

I've got others saying that if I DO send DV, then I'm asking to get sued.

 

Oh well, nobody said that this would be easy... :)

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That's the way lawsuits get filed

 

I've got others saying that if I DO send DV, then I'm asking to get sued.

 

Oh well, nobody said that this would be easy... :)

 

And you have a Site Owner and a Forum Lead telling you to DV and not ignore. Just remember, to ignore is to do so at your own peril. :shock:

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I just want to say that I mean no ill when I said that IME I ignored it and it worked for me,but I am a newbie in this field, so, go with the people that KNOW much more than I.

If I have offended anyone with my opinion,because it is not the thing to do,to ignore, I am sorry.

I have learned a lot here, and know that I do not know much,in the scheme of everyone else here, although things have been going pretty good lately in the debt world.: )

J23

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The last post in this topic was posted 5737 days ago. 

 

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