HeretoHelp's letter to get derogatories removed looks very good. (May 11, 2007) I think that I will merge the parts of it I like with jtucker Moderator's posting of March 9, 2005 6:45 am ['Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.']
My problem is that Protocol has agreed over the phone to a settlement amount that is roughly one third of the original debt. I dont want to jeopardize this offer. I mostly want to verify that they are authorized.
They agreed to fax and mail me a copy of an agreement:
Payment = cease of collection activity,
&
"client"(Resurgent, not the original creditor) will be "notified" to "update the settled status" to the "appropriate credit reporting agencies".
My biggest issue (among many) with the one they faxed has to do with the chain of ownership.
I called the original creditor last night and they said that all the information they had on the account was 'Asset sale' 'Sherman Financial' and Sherman Financial's phone number: 888-665-0374.
I went online and got a copy of my credit report today and this original account number is listed to
lvnv funding llc (with Citibank as the 'original creditor').
The status is 'Collection account, $____.__ past due as of apr 2008'
After having the account rep's supervisor raise her voice at me and talk over me, I hung up.
I was trying to find out if they could include all company names on their 'settlement offer' :
Protocol [the Letterhead of the fax]
Sherman Financial (the name provided by Citibank)
Sherman Acquisition (name on the recorded message at 888-665-0374)
Resurgent Capital Services LP (another name on said greeting message AND 'client' as listed in the header of the fax)
and
LVNV Funding LLC (yet another name on the same message, and the same name as on my credit report)
I don't want to pay money to Protocol (by bank check, from a newly opened account) and find myself no further dug out of this mess. I don't want Protocol to use it to pay fees and interest and find out that I still have obligations to Citibank, Sherman Financial or Sherman Acquisition....Especially since 'all collection activity will cease on this account' may refer to the Protocol account # at the top of the fax and NOT the 'Original Acct #' listed at the top of the fax.
A poster on this site or another said that a Debt Verification of debt validation letter may be one way to finalize links, authority, etc.
I also want the collection agency to agree to change the account status to 'paid in full' or 'paid satisfactory', instead of anything involving 'settled'.
As I said above, I don't want to jeopardize the one-third offer. I just want it to be iron-clad so that I don't become one of those sob stories that you hear about on the radio or internet - learn from this hapless person's mistake who sent in money to an unauthorized company, and they are laughing all the way to the bank.
(PS: I found lvnvfunding dot com on the internet, and the home page has 'the management of purchased assets is outsourced to a third-party specializing in the management of these types of consumer assets, Resurgent Capital Services LP (Resurgent)'...and [Resurgent] has been hired by LVNV Funding to perform these services on its behalf'.
The header on my fax from Protocol includes 'Client: Resurgent Capital Services, LP')