Dunning in my mail box please HELP!

[cloknem]

The mailman left a collection letter in my mailbox today. It's not currently on any of my reports. I don’t believe that I’ve had this account open for at least the last five years so I am not sure if this debt is past its SOL (I live in MD). My wife received a similar letter today from this business with different amounts and account numbers on it. I need your help with how to tackle this problem. Do I DV? Do I ignore it? The letter reads like this:

 

Dept. # 21377

PO Box 1259

Oaks. PA 191456

 

ADDRESS SERVICE REQUESTED

 

First National Collection Bureau, Inc.

 

610 Waltham Way

Sparks, NV 89434

 

(800) 824-6191

 

November 06, 2014

Office Hours:

Mon. - Fri . 6 A.M. – 6 P.M.

Sat. 6 A.M. – 12 NOON

Pacific Standard Time

 

*Please remit all correspondence to the above address

 

Creditor: LVNV Funding LLC

Original Creditor: First Premier Bank/Premier Bankcard, Inc.

Account:

Ref #:

Original Account #:

Total Due: $1,679.60

 

This is to advise you that your delinquent 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 obtain verification of the debt or obtain a copy of a

judgment and mail you a copy of such judgment 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 80% discount payable in 4 payments of $83.98. 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.

 

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

collector.

 

[funkiehouse]

DV. Offering a settlement is a huge sign that it's going to be past SOL. The may send you a generic validation and you may need to send a second letter or take other action but what ever you do don't ignore it.

 

In you letter make sure you tell them to not report this unvalidated debt on your credit reports.

 

In my experience, FP doesn't sell many accounts before SOL has passed. They usually assign it to their own CA.

Send it by CMRR and post your letter before you send it, if you need help with that.

[cloknem]

I will need help and will start as soon as I can. THANKS!!

[funkiehouse]

Do some reading on DV letters and come up with your own version. It doesn't need to be long like most of the sample letters you see. Many of them demand things that they do not have to provide. Main thing is, before you send it, is to understand what you are sending when you send a DV letter and understand what is required in the FDCPA.

[Sandscrit]

What kind of debt was it: written contract 3 years, promissory note 6 years or open ended account 3 years? If it's past the state SOL, send them a FOAD letter. Dear CA, This is a refusal to pay. Do not call me at anytime as all calls are inconvenient Sincerly,Cloknem Send it CRRM

[funkiehouse]

Here's one of my sample letters that I modified a little for your situation. You should also wait for others to give advice so you have a good understanding of how to handle this. Always know what you are sending and what it means. Don't hesitate to ask questions about anything you don't understand. If you're sure it's past SOL then a FOAD letter should work too.

 

*****************

 

CA Name and Address

 

Your Name and Address

 

Date

 

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

 

Re: (CA account number)

 

I am writing in response to your letter dated November 6, 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 Maryland 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.

 

(Do no sign)

 

Me

Edited November 14, 2014 by funkiehouse

[cloknem]

I wish I had seen those samples before I tried reworking this one.

November 13, 2014

 

Cloknem

1212 Gumshoe Circle

Right Herein, MD 00812

 

First National Collection Bureau, Inc.
610 Waltham Way

Sparks, NV 89434

Re: Acct # RSA-XXXXXXXX

 

To Whom It May Concern,

I am sending this letter to you in response to a notice I received from you dated on (November 6, 2014). Be advised, this is not a refusal to pay, but a notice sent that your claim is disputed and validation is requested.

This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION of your allegation. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

· Provide proof of the debt, including a document signed by me when opening the credit card, or a statement showing that I used the account

· Submit evidence that you own the debt, including a list of previous owners and any paperwork associated with the sale of the debt

· Describe how much is debt is owed, including principle, interest, and late fees

· Provide a verification or copy of any judgment if applicable

· Show me that you are licensed to collect in my state

 

During this time I request that all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes all information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

 

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and a copy of such deletion request shall be sent to me immediately.

 

I would also like to request, in this writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter.

 

Best Regards,

[cloknem]

MD laws were "strengthened" in Jan. '12 according to the Baltimore Sun http://articles.baltimoresun.com/2012-01-29/business/bs-bz-ambrose-court-debts-20120129_1_debt-buyers-sonya-smith-valentine-consumer-protection-clinic

 

Interesting to see what Midland had to say about it.

[cloknem]

What kind of debt was it: written contract 3 years, promissory note 6 years or open ended account 3 years? If it's past the state SOL, send them a FOAD letter. Dear CA, This is a refusal to pay. Do not call me at anytime as all calls are inconvenient Sincerly,Cloknem Send it CRRM

Open ended but I don't have any details.

[Bman125811]

Just a word of advice from a newbie here on CB ~ If you can still edit your letter above, go back and "X" out your address.

 

There's too many trolls out there.

[cloknem]

Thanks, Bman but that's not my address.

[Bman125811]

Boy Howdy!!

Do I feel like a da*n fool....

 

Just went back and looked at it a little (alot) more closely.

 

We may be neighbors....Mine is

 

1313 Mockingbird Lane

Yourtown, CN 008122

[cloknem]

Boy Howdy!!

Do I feel like a da*n fool....

 

Just went back and looked at it a little (alot) more closely.

 

We may be neighbors....Mine is

 

1313 Mockingbird Lane

Yourtown, CN 008122

Ha! I remember Mockingbird Lane. Wasn't that where the Munsters resided?

[cloknem]

Anyway, I guess you won't believe this. I just found an old EQ report from 2005 and this card was on there CO FDOD 03/2004! Any advice? Do I still need to send a DV?

[Bman125811]

You stated that this credit report is dated in 2005.

 

Is it still on your current EQ report?

 

If so, I believe you can dispute this directly with EQ because it is out of the SOL for the reporting period of seven years, if it is still on your CR.

 

Would like for someone to back me up on this though as it has been since 2001/2002 since I have had to deal with CA's and CRA's.

 

 

 

Boy Howdy!!

Do I feel like a da*n fool....

 

Just went back and looked at it a little (alot) more closely.

 

We may be neighbors....Mine is

 

1313 Mockingbird Lane

Yourtown, CN 008122

Ha! I remember Mockingbird Lane. Wasn't that where the Munsters resided?

 

 

 

 

And yes, Mockingbird Lane is where Herman, Lily, Grandpa, Eddie, Marilyn, Spot and that cat resided.

[ICANHASMUNY?]

I have always liked the CFPB's letters. parts in red are my adds

 

 

 

 

I am responding to your contact about a debt you are trying to collect. You contacted me by

 

[phone/mail], on [date] and identified the debt as [any information they gave you about the debt]. Please supply 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 to whom the debt is currently owed, the account number used by that creditor, and the amount owed.

 

• If this debt started with a different creditor, provide the name and address of the original creditor, 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. 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.

 

 

The amount and age of the debt, specifically:

 

• A copy of the last billing statement sent to me by the original creditor.

 

• State the amount of the debt when you client 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, 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, 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, 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 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 Maryland 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, anothercompany , 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.

[cloknem]

You stated that this credit report is dated in 2005.

 

Is it still on your current EQ report?

 

If so, I believe you can dispute this directly with EQ because it is out of the SOL for the reporting period of seven years, if it is still on your CR.

 

Would like for someone to back me up on this though as it has been since 2001/2002 since I have had to deal with CA's and CRA's.

 

 

 

Boy Howdy!!

Do I feel like a da*n fool....

 

Just went back and looked at it a little (alot) more closely.

 

We may be neighbors....Mine is

 

1313 Mockingbird Lane

Yourtown, CN 008122

Ha! I remember Mockingbird Lane. Wasn't that where the Munsters resided?

 

 

 

 

And yes, Mockingbird Lane is where Herman, Lily, Grandpa, Eddie, Marilyn, Spot and that cat resided.

It does not appear on any of my October 28 reports (I am currently disputing HIPPA TL's). Plus, it would be past the 7 year mark.

[cloknem]

I have always liked the CFPB's letters. parts in red are my adds

 

 

 

 

I am responding to your contact about a debt you are trying to collect. You contacted me by

 

[phone/mail], on [date] and identified the debt as [any information they gave you about the debt]. Please supply 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 to whom the debt is currently owed, the account number used by that creditor, and the amount owed.

 

• If this debt started with a different creditor, provide the name and address of the original creditor, 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. 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.

 

 

The amount and age of the debt, specifically:

 

• A copy of the last billing statement sent to me by the original creditor.

 

• State the amount of the debt when you client 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, 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, 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, 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 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 Maryland 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, anothercompany , 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.

ICANHASMUNY?, thank you. I will use your missive. However, who is Resurgent Capital Services? I don't see them on this letter.

[ICANHASMUNY?]

OH, you need to read up about the Sherman financial Group , LVNV funding and Resurgent. first,

 

currently embroiled in a class action FDPCA with RICO claims going forward.

 

http://creditboards.com/forums/index.php?showtopic=288397&page=15&do=findComment&comment=5126218

 

this thread is 15 pages long, but the link above has all the Maryland information when the DLLR went after them, dismissed $7.5 million worth of judgments and 3500 cases dismissed.

[Bman125811]

Dang ICAN, I do believe if I were the CA, after all that, I'd just write her a check for a $100 and say all is well....

 

 

But seriously, is that letter being written with the hopes that they violate one of the statutes, and hang themselves?

 

Asking for a friend.....

[cloknem]

OH, you need to read up about the Sherman financial Group , LVNV funding and Resurgent. first,

 

currently embroiled in a class action FDPCA with RICO claims going forward.

 

http://creditboards.com/forums/index.php?showtopic=288397&page=15&do=findComment&comment=5126218

 

this thread is 15 pages long, but the link above has all the Maryland information when the DLLR went after them, dismissed $7.5 million worth of judgments and 3500 cases dismissed.

That's good stuff!

[ICANHASMUNY?]

Dang ICAN, I do believe if I were the CA, after all that, I'd just write her a check for a $100 and say all is well....

 

 

But seriously, is that letter being written with the hopes that they violate one of the statutes, and hang themselves?

 

Asking for a friend.....

 

 

Actually, there have been FDCPA lawsuits in different states for;

 

CA's naming LVNV Funding as a Creditor , when in fact they are a debt collector.

 

Demand letters on debts that are past the SOL that doesn't inform the consumer that it's past the SOL.

 

Resurgent Capital services is large enough that they fall under the "direct supervision of larger participants" by the CFPB, so they can't engage in these illegal tactics without being caught in an audit

 

that's why they outsource it to third party CA's to collect for LVNV funding

 

But RCS is supposed to supervise these CA's to make sure they are complying;

[cloknem]

 

Dang ICAN, I do believe if I were the CA, after all that, I'd just write her a check for a $100 and say all is well....

 

 

But seriously, is that letter being written with the hopes that they violate one of the statutes, and hang themselves?

 

Asking for a friend.....

 

 

Actually, there have been FDCPA lawsuits in different states for;

 

CA's naming LVNV Funding as a Creditor , when in fact they are a debt collector.

 

Demand letters on debts that are past the SOL that doesn't inform the consumer that it's past the SOL.

 

Resurgent Capital services is large enough that they fall under the "direct supervision of larger participants" by the CFPB, so they can't engage in these illegal tactics without being caught in an audit

 

that's why they outsource it to third party CA's to collect for LVNV funding

 

But RCS is supposed to supervise these CA's to make sure they are complying;

 

Sent DV CMRRR yesterday. If I hadn't found this board, my wife and I would have continued to pay these people. I really want to express my appreciation for your help!

[ICANHASMUNY?]

file a complaint with the Maryland DLLR - against Resurgent Capital services and LVNV funding

 

specifically that they are outsourcing collections to other Collection agencies to circumvent the DLLR settlement agreement from 2012.

 

and knowingly abetting the CA who is attempting to collection on time barred debts, demanding payments , misrepresenting these debts as due an payable,

 

trying to lure you to make a payment when the payment could reset the statute of limitations.

 

spice it up.

[cloknem]

 

file a complaint with the Maryland DLLR - against Resurgent Capital services and LVNV funding

 

specifically that they are outsourcing collections to other Collection agencies to circumvent the DLLR settlement agreement from 2012.

 

and knowingly abetting the CA who is attempting to collection on time barred debts, demanding payments , misrepresenting these debts as due an payable,

 

trying to lure you to make a payment when the payment could reset the statute of limitations.

 

spice it up.

MD DLLR Financial Regulation Public Query

Step 4: Display Detailed Record Information

Business Information

Legal Name: LVNV FUNDING LLC

Trade Name:

Business Type: Limited Liability Company (LLC)

Street Address:

625 PILOT ROAD SUITE 3

LAS VEGAS, NV 89119-0000

License Information

Category: Consumer Loan

License Number: 1388

Expiration Date: 11 - 08 - 2014

Original Issue Date: 11 - 08 - 2012

Status: PREVIOUSLY LICENSED

Business Information

Legal Name: LVNV FUNDING LLC

Trade Name:

Business Type: Limited Liability Company (LLC)

Street Address:

625 PILOT ROAD

SUITE 3

LAS VEGAS, NV 89119-0000

License Information

Category: Collection Agency

License Number: 5594

Expiration Date: 12 - 31 - 2015

Original Issue Date: 02 - 18 - 2010

Status: ACTIVE

Business Information

Legal Name: LVNV FUNDING LLC

Trade Name:

Business Type: Limited Liability Company (LLC)

Street Address:

55 BEATTIE PLACE

SUITE 300, MS425

GREENVILLE, SC 29601-0000

License Information

Category: Collection Agency

License Number: 6325

Expiration Date: 12 - 31 - 2015

Original Issue Date: 10 - 30 - 2013

Status: ACTIVE

Business Information

Legal Name: FIRST NATIONAL COLLECTION BUREAU, INC.

Trade Name:

Business Type: Corporation

Street Address:

610 WALTHAM WAY

MCCARRAN, NV 89434-0000

License Information

Category: Collection Agency

License Number: 3447

Expiration Date: 12 - 31 - 2015

Original Issue Date: 08 - 02 - 2002

Status: ACTIVE

Business Information

Legal Name: RESURGENT CAPITAL SERVICES L.P.

Trade Name:

Business Type: Limited Liability Partnership (LLP)

Street Address:

55 BEATTIE PLACE

SUITE 300, MAIL STOP 425

GREENVILLE, SC 29601-0000

License Information

Category: Collection Agency

License Number: 2955

Expiration Date: 09 - 02 - 2015

Original Issue Date: 05 - 25 - 2000

Status: ACTIVE

Business Information

Legal Name: RESURGENT CAPITAL SERVICES, L.P.

Trade Name:

Business Type: Limited Liability Partnership (LLP)

Street Address:

3817 S. ELMWOOD AVE.

SIOUX FALLS, SD 57105-6565

License Information

Category: Collection Agency

License Number: 3596

Expiration Date: 09 - 02 - 2011

Original Issue Date: 04 - 23 - 2003

Status: OFFICE CLOSED

Business Information

Legal Name: RESURGENT CAPITAL SERVICES, L.P.

Trade Name: RESURGENT MORTGAGE SERVICES

Business Type: Partnership

Street Address:

2020 S. DAIRY ASHFORD ROAD

2ND FLOOR

HOUSTON, TX 77077-0000

License Information

Category: Collection Agency

License Number: 6592

Expiration Date: 09 - 02 - 2015

Original Issue Date: 06 - 03 - 2013

Status: OFFICE CLOSED

I found this on MD DLLR's website. I don't know what any of this means, but, it appears that they are licensed as a CA in MD. I have found on my 2005 credit reports that the CO amount is significantly lower than what appears as total due on their dunning letter. I understand that it is past SOL (3 yrs) and CRA reporting (7.5 yrs). What would a formal complaint to DLLR do?