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What do I do about this letter from a law firm/CA?

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cinnamngrl

Joined: 01 Nov 2008
cinnamngrl's page
Posts: 1455

6339 Magic Points

Sun Feb 21, 2010 1:54 am

They have to provide provide of this debt before the can make any more collection attempts. this may mean that this debt is invalid. weeks is pretty short though. DO NOT PAY THEM UNTIL THEY CAN PROVE THIS DEBT.

Is this actually on your credit report? You have not mentioned this.

Look no response is normal and legal. It may mean this debt still belongs to Crap 1
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jtcarpenter

Joined: 11 Jan 2010
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Posts: 36

662 Magic Points

Subject: DV letter response or lack of

Sun Feb 21, 2010 2:12 am

Its currently on my CR as a charge off from Cap One. I sent another DV letter to a CA trying to collect on a Cap One credit card about 10 days ago, but I think they may have switched CAs because I have been getting more calls about my Cap One credit card but from a different CA now. The first DV letter I sent out was for an installment loan with Cap One.

The thing is I am expecting the funds to pay everything off in just a few weeks and I am wondering what to do if and when I do get any verifiable responses to these DV letters. Do I immediately follow up with a PFD? Do I offer to pay the whole thing or try to settle for a partial payment? I just don't know. The DV letters have been great so far for at least getting them to leave me alone after they send their initial collection letter, but I am trying to be proactive and plan my next line of attack to try and get my credit back in decent shape.

cinnamngrl

Joined: 01 Nov 2008
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Posts: 1455

6339 Magic Points

Sun Feb 21, 2010 2:35 am

I would wait for a reply. this is a negotiation and it does not help to seem desperate
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jtcarpenter

Joined: 11 Jan 2010
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Posts: 36

662 Magic Points

Subject: DV letter response

Sun Feb 21, 2010 2:51 am

Oh no, please don't misunderstand me. I am not desperate at all. Your suggestion regarding the DV letters was GREAT!!! I am just trying to plan ahead as to what to do next SHOULD I get the requested verifiable response. I mean, what if there is NO response at all? Then what? Do I contact the CRAs and ask for the negative report to be removed and send them my docs? If they do respond with proper information, then what do I do? Offer up a PFD with payment in full? Or with a smaller sum that full payment? And if one offers a PFD with payment in full what is to stop them from just saying no and then digging in their heels because now they think I have the money to pay in full?

Like I said, I am not desperate, I am just trying to plan ahead and be prepared.

cinnamngrl

Joined: 01 Nov 2008
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Posts: 1455

6339 Magic Points

Sun Feb 21, 2010 3:32 am

how old is this debt? what state do you live in?

Don't seem too eager. It would be best for them to open the negotiation.
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jtcarpenter

Joined: 11 Jan 2010
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Posts: 36

662 Magic Points

Subject: DV letter response

Sun Feb 21, 2010 3:50 am

Its only a few months old and I live in California. And you've been absolutely wonderful with your information. I am not trying to seem over eager, I am just trying to plan ahead for as many possible scenarios as I can. Like I said, I am expecting a large sum of money to be coming in in just a few weeks and I will want to get this wrapped up as soon as possible. But I just want to make sure that I do things in the smartest way possible.

cinnamngrl

Joined: 01 Nov 2008
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Posts: 1455

6339 Magic Points

Sun Feb 21, 2010 4:23 am

well it may be that Crap one still ones the debt. they usually use the SOL for WV which is years
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jtcarpenter

Joined: 11 Jan 2010
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Posts: 36

662 Magic Points

Subject: DV lack of response

Sun Feb 21, 2010 4:38 am

So is is just best for me to just sit back and wait for a response from the CA as you suggested earlier? If I don't get a response at the end of 30 days should I send another DV letter worded a little more firmly?

cinnamngrl

Joined: 01 Nov 2008
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Posts: 1455

6339 Magic Points

Sun Feb 21, 2010 4:44 am

sorry mistype years. No need to send two DV letters. Dispute the debt with the CRA. This probably won't work but it is worth a try. if the CRA does not delete you may need to write Crap 1 and find out if they own the debt.
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jtcarpenter

Joined: 11 Jan 2010
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Posts: 36

662 Magic Points

Subject: DV lack of response

Sun Feb 21, 2010 5:01 am

thanks Cinnamom. I will do that if no reply is received. And thanks for all your help so far and yet to come as I am sure I will have lots more questions until I get all this resolved. Once I get my funding in and all this taken care of I will certainly owe you a dinner. And if you are half as cute as your avatar I may fly to WV to deliver it myself! Wink

Wink

cinnamngrl

Joined: 01 Nov 2008
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Posts: 1455

6339 Magic Points

Sun Feb 21, 2010 12:56 pm

three years is the SOL for VA where Crap 1 is and you are welcome
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jtcarpenter

Joined: 11 Jan 2010
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Posts: 36

662 Magic Points

Subject: DV letter lack of response

Fri Mar 19, 2010 8:47 pm

Hey Cin, its now been almost 60 days since the first DV letter I sent out was received and no response. Almost 30 days now of the second one to the other CA. Should I do anything? The quiet has certainly been nice.

jtcarpenter

Joined: 11 Jan 2010
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Posts: 36

662 Magic Points

Subject: DV response received

Sat Mar 20, 2010 6:30 pm

Cin, I just got a response today from Cap One, not the CA that was calling me on the second DV letter I sent out to the second CA. They sent a copy of the customer agreement and the last 3 monthly statements but said that since the account was apparently initially set up either by phone or over the internet they do not have a paper application to send, but that the above verifies that they have a valid contract with me. So apparently the CA was just representing Cap One and they still retain the debt and are asking for payment in full. It states that they reserve the right to "take appropriate action if you fail to pay the balance in full." What do I do next? This is for a credit card account that I still check online on a regular basis. I am pretty sure I will be able to pay it off in the next couple of months but I still don't know exactly when. Should I call them? Explain my situation to them? Or just keep quiet?

cinnamngrl

Joined: 01 Nov 2008
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Posts: 1455

6339 Magic Points

Sat Mar 20, 2010 9:39 pm

OK jt, what is the DOFD, or when will this tradeline fall off. lotsa people are asking about CRap 1 today and I am getting confused.
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jtcarpenter

Joined: 11 Jan 2010
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Posts: 36

662 Magic Points

Subject: DV letter response

Sat Mar 20, 2010 10:26 pm

Hi again Cin, as I stated on the other posting, the last payment I was able to make to them was in September of 2009. I've been unable to do anything since that time.

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