debt letter violation

They may state that they are taking legal action only if they are capable of doing so and they intend to do so. Was this second letter from LVNV or was it from a attorney's office? Also if you could please answer the following questions I may be able to better assist you.

1. What type of debt is it?
2. When was the last time you paid on the debt?
3. What state do you live in?

Both letters are letter headed from the attorney. I think the first one is a manufactured letter, I am unsure of the correct term but I am sure it is illegal.
1. it is a credit card debt
2.it lists best buy on my credit report as closed and charged off in 2004. LVNV funding has it listed as opened in 2006 collection account, factoring company, open account.
3. I live in Massachusetts

I think I just found my answer:

18.17: Unfair Practices

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of 209 CMR 18.17:

12:No debt collector shall:

b.Communicate with consumers in the name of a lawyer or upon stationery of a lawyer, or prepare any forms or instruments which only lawyers are authorized to prepare;

It looks like the SOL is up for it, or just getting ready to expire. If they filed the civil complaint more than 4 years since date of first delinquency then it should be past SOL. Also you have FCRA violations you could file a counterclaim for.

1. Reporting a later than actual open date.
2. Reporting as a open account.
3. Reporting as a factoring company account.
fdcpa violation
1. Continued collection activity after validation has been requested.

If it is reported this way on each of the 3 major credit reporting bureaus then there are 9 FCRA violations bringing you to $10,000 in statutory damages, plus punitive damages, attorney fees, and court costs.

If I do file a claim, do I need to know all the exact codes and lingo or can I just show the court their violations? It is on all 3 credit reports. and I have one more company doing the same thing, I just hope the court doesn't think I am a deadbeat with 2 lawsuits on me.

Here are some statutes you can cite:
Violation of ???? 623A 15 U.S.C. ???? 1681s-2, knowingly supplying inaccurate information
Violation of ???? 616 15 U.S.C. ???? 1681n, willfull noncompliance
Violation of ???? 617.[15 U.S.C. ???? 1681o], negligent noncompliance.

Being reported as open accounts and as factoring accounts causes them to report in an area of your credit report other than collection accounts. There is your proof. Even if they have annotated it as a collection account it still has to be fixed because it is not reporting correctly. They know this.

I think I understand what you are saying.
For a Sales(UCC)contract in Massachusetts it's 4 years so this would fall under that???

for a regular contract it's 6 years.

Credit cards are open/revolving accounts. Contractual agreements are different. So the four year period would apply.