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Posted: Tue Sep 18, 2007 6:26 am Subject: NO DV received

On Aug.10th LTD Financial Services received my DV letter. They had tried to bill me for an old account that I had with Peoples Bank (Peoples is no longer Peoples). They stopped calling and I have not received any other communications from them since then. Should I send a second DV letter or should I just sit and wait Rolling Eyes

LTD has not listed anything on my CR so I am ok there.

Posted: Tue Sep 18, 2007 6:31 am Subject:

I'd send another if i were u but just to let u in on my story... I sent CACH 4 total DV letters and never recieved anything back from them. They still sued me and won by default. So although it IS important to try and get ur debt validated it's not a sure fire thing, of course i did not respond to the summons, which was stupid of me, and i guess i cuda used that as defense had i answered it!
Good Luck but send another DV letter,
Ang

Posted: Tue Sep 18, 2007 6:36 am Subject:

I was really hoping they did own this debit so I could clear the records.
Ang
Did CACH 4 post anything on your CR ?

Posted: Tue Sep 18, 2007 6:39 am Subject:

Yes they were and still are posting on my credit but crazy as it may seem it hasn't really affected my credit all that much. Not sure why.... confuses the hell outta me! I was able to get a credit card with decent interest rate although only 1000 credit limit, a loan from Dell and also a loan thru Sallie Mae to settle this debt... so i haven't noticed any really bad ramifications from this.
Good Luck,
Ang

JCEMT · Posted: Tue Sep 18, 2007 9:35 am Subject: DV

Ang, isn't it in state statutes under the fdcpa that if a collection agency cannot validate then they must cease any and all collection activities? I'm certain that this is accurate. So how could they sue you? You may actually be able to get the judgement overturned with this.

JCEMT · Posted: Tue Sep 18, 2007 9:36 am Subject: Correction

Correction, I mean federal, not state. But states uphold that as well since it is federal law.

Posted: Tue Sep 18, 2007 10:10 am Subject:

I have had 3 separate NACA atty's look at my case file and NONE of them could come up with anything except to pay them off...
And CACH NEVER validated my acct.
Ang

Posted: Tue Sep 18, 2007 11:53 am Subject:

Is that because you did not respond to the summons?

Posted: Tue Sep 18, 2007 12:05 pm Subject:

Yes, I had a few defenses but at the time knew nothing of this site or "my" rights so i just naively ignored the summons. BIG MISTAKE!
Ang

Posted: Tue Sep 18, 2007 12:07 pm Subject:

That's what I like about this site.....plenty of people that have made the same mistakes I have

Posted: Wed Oct 24, 2007 4:04 am Subject:

I did not get a good night sleep last night. The post office left a card stating that there is a Certified Large envelope that I have to sign for. It’s from LTD and I bet it’s my long lost DV. I’m very nerves about starting the negotiation part of this settlement. If you have any advice please share with me. I will check in later and let you know what’s in the envelope.
If only Risk Management/Miracle management group had taken care of this instead of running off with my money. It should have been settled in 2005 I’m scared and mad.
Rolling Eyes

Posted: Wed Oct 24, 2007 5:33 am Subject:

Just take a few deep breaths. Just remember you are in control. If they send you proper validation, then just make sure that either the amount on the documents matches what the CA is collecting, or that they charged the proper interest rate according to the contract you signed.

Then go ahead and fire off either a settlement offer or a payment arrangement, start with something below what you can comfortably afford, that way you have some haggle room. Make sure they sign whatever is agreed upon!

Posted: Wed Oct 24, 2007 5:48 am Subject:

Keep in mind, the CA must also provide you proof that they are removing themselves from your credit report if they cannot validate! This could also be what is in the envelope. Smile

Posted: Wed Oct 24, 2007 5:53 am Subject:

Can't believe I forgot that one -very- important part!

Yes, also make sure that there is a statement basically saying they will remove the account from the CRAs once paid off. Otherwise, what is the point in paying it off if it won't help you at all?

Posted: Wed Oct 24, 2007 7:14 am Subject:

OK
When I sent my request for DV to LTD Financial Services, L.P in Aug. I requested 3 things:
1.The agreement, which authorizes the creditor to collect debt on the alleged debt.
2 The signed agreement from the debtor conforming to pay the creditor
3. The documents regarding the payments made on this account validating the amount
What I received was a copy of a letter from Risk Management Partners to Peoples bank (along with the stupid POA I gave risk) and some copies of my account statements with Peoples. I believe they have only covered item 3 of my request.
Do I ask them again for items 1 &2? Peoples bank no longer exists so I don’t know how they can get these items. They also did not make another offer and they have never posted anything on my CR …even though the told me they’ve owned the debit since 2005

Posted: Wed Oct 24, 2007 7:25 am Subject:

Do the statements have the same balance the CA is trying to collect?

If they try to take you to court over this the statements may be all they need, from what I hear how much a judge would consider proper validation varies. Though you may be able to get them on the not proving the proper paperwork stating their legal right to collect on it.

If they are trying to collect more then what the statements say, you can question that and that is where demand for the signed agreement can come in, forcing them to prove the interest they tacked on or whatever.

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