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PLEASE PLEASE HELP ME!!!

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PostPosted: Mon May 05, 2008 8:39 pm Subject: PLEASE PLEASE HELP ME!!!

My husband has a debt settlement account with Superior..I also did but my debts have been paid off. We have one account left with them and it is in my husbands name. We recently received a letter from the law office of Apothaker and Associates, P.C. stating that if the debt is not valid we have 30 days to call them or they will assume it is. The client listed is LVNV Funding,LLC. Originally it was Citibank that we owed but I am assuming LVNV is the collection agency that Citi sent it to. We spoke with our rep at Superior and she said she faxed them the power of attorney stating that they handle the debt now but has not heard back from them. I am just beside myself....shouldn't she be doing more?? She says that they have no money to settle with because we still owe 10 payments but shouldn't she call them to see what they are offering?? The original amount of the debt was 8,500.00....now it is up to 13,925.00. Do you think they will settle for a lower amount? I am so scared of what will happen...I am regretting doing the debt settlement but I feel like I am stuck now. How does it work...will we have to go to court? We can't afford an attorney. Does it happen fast or will take years to go to court? Any advice or insight would be great. Thanks.
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PostPosted: Tue May 06, 2008 12:35 am Subject:

I think that Apothaker and Associates, P.C is giving you 30 days to ask for validation of the loan. Tell Superior to send them a letter or send it yourself within the 30 day time frame.
I’m sure someone else will be along soon with more advice. Rolling Eyes

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PostPosted: Tue May 06, 2008 2:36 am Subject:

Send them a DV letter CMRRR.
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PostPosted: Tue May 06, 2008 5:18 am Subject: DV

It is a valid debt though. Does that matter? Anyone else have any advice?
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PostPosted: Tue May 06, 2008 5:22 am Subject:

How did it go from $8 to $13k?? If I were you, as mommontoya recommended, send them a debt validaton letter asap.

Unfortunately debt settlement programs do not neccesarily protect you from continued collection activity. The creditor/collection agency can pursue the matter.

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PostPosted: Tue May 06, 2008 5:34 am Subject: Amount of Debt

I believe that it was probably late fees..etc. that took it from 8 to 13. Where can I find a DV letter. I don't even know where to begin. I am freaking out!!!
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PostPosted: Tue May 06, 2008 5:39 am Subject:

You can check my signature link for a good template. Be sure to send the enclosure with it and send it certified mail, return receipt requested.
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PostPosted: Tue May 06, 2008 10:24 am Subject:

if you think that $5000 would be late fees, then one of three things has happened here...

1--this debt has been past due for a VERY long time

2--this debt carries some very steep late fees, which are probably not legal

3--this debt amount is being artificially increased--which is again illegal

A DV letter in this case is not as much about proving the debt, it is also about proving the amount. Something sounds a bit fishy when a debt can increase by $5000 just like that. You owe it to yourself to get to the bottom of that before one word is spoken about paying anyone anything.

also, you need to do this to prove that LVNV even has the right to collect on this debt. Force them to prove with documentation that they own it and that the amount is legitimate--if they cannot prove these things then dont pay them a penny.

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