multiple attempts

Just a note....unclewolf has helped a bunch in the past on these screwballs....are you out there unc?

I think the FDCPA is a little gray where this is concerned. In my interpretation, selling or reassigning a debt to a collection agency constitutes continued collection effort. But, others would say, the CA stopped trying to collect and simply sold the account to try to recoup some of their investment - and that's not continuing to try to collect.

What state are you in? Who was your original creditor? What's the SOL in your state; do you know?

I am in Indiana...sol 6 years...original debt is listed as Credit one bank.

Is the debt older than 6 years? If not, I would try contacting Credit One Bank and asking if they still own the loan. If it is, I'd stop bothering with DV letters and start sending FOAD letters.

This is a common practice with these bozos. Once you dv and they cannot validate they will sell off. Sending the other CA's letter saying they cannot validate will not help.

I have an American Express that has gone to 4 different agencies. Amer Ex still owns. As OhioGal said, find out if Credit One still owns.

If sold off, CA's can continue to do what they are doing hoping you will be foolish enough to pay them. If they cannot validate don't settle/pay anything.

Credit one sold it off...i got a letter from them saying they sold it to Resergent. So I guess i will just play their game... ;)

Yes play their game. Make sure always send DV letter if sold again. They cannot collect if they cannot validate. Once debt is sold it can be difficult for Ca to validate since they bought list of names.

ok....update: i need advice. I have sent debt validation/verification via fax and certified. I then received a letter wanting to settle half of the debt. I again sent a certified letter letting them know they had violated my rights by still trying to collect, and any future attempts would result in a lawsuit brought against them and any company they tried to sell off to. I attached information from the last 3 places that tried to collect, to show them that they are the 4th attempt. Still with no validation.
So then today 10/29/10, i had a message on my voicemail at work from a guy named Larry Whipple from MSW Capital, telling him to call me so he can get information to "close" the collection process.
What do you all suggest I do? Should I call him? Who is this company? I tried to google them with no success.

i wouldn't call as you stated this a contiued collection effort.he more than likely wants you to call so he can try to harrass you into paying.do you have a ph#by chance?we might be able to find an address that way.

Yes...# 908-326-6117

Can he actually continue to try and collect? this would be the 5th agency, unless he is working for Praxis, then i feel he is in violation of the FDCPA.

sorry,but nothing came up using that number except complaints.talk to them only once.to demand details in writing.then hang up.sounds like your typical bottomfeeder.

UPDATE (again), the guy called back to get my current address so he could send me a letter stating that he is closing the account and no more attempts will be made "ever". He said the account ends with his company, and he was very sorry that I had to go through that many attempts to get it validated. I informed him that I would be making a call to my attorney to let him know of the phone call. He asked me to wait until I recieved the letter and offered to send him a copy. I said no i would take of that. But, I was still calling my attorney first thing Monday morning. He assured me more than once that no more attempts would be made and the letter would state that he is the current owner of the account and it will be closed. BTW, the company is in New Jersey.

i will be suprised if that happens.stranger things have happened,but i would still have speaks with your attorney.just in case.

There seems to be some confusion in this thread, I hope I can help to clear things up.

It does not matter how many other CA's you have DV'ed on the debt. The law allows them to sell it to someone else, that is not continued collection activity in the eyes of the law. So, sending a DV letter ONLY impacts the CA you sent it to. For each new CA that buys the debt, you will have to DV them individually.

In case you didnt figure out their plan yet, they were trying to illegally collect on this debt. There is NO REASON for them to call you "requesting information to close the account". They did not need to call you to get your "current address"....they sent you a letter, and you obviously got it because you sent THEM a letter in response. They know this, this is just a stupid game they are playing. Five bucks says they either try to collect again or sell it to someone else.

The reason why they called you was because the person on the phone would then have a chance to "feel you out", so to speak. That person was looking and hoping to find a way in to try to get you to pay money. You already have enough to file a lawsuit against them, because you sent a DV, they received it, and then they sent you a settlement offer letter. Come to think of it, they knew TWICE OVER what your address was, because they sent you TWO letters and got responses both times, so they knew you got them. Which means they already knew your current address.

Thanks skydivr, I did mention to "larry" that he had my address, but i would play along with him and give it to hom again. I did speak to the attorney today. I had sent him the same documents that I sent to praxis, he said to wait it out and see what the letter says. If it isnt what "larry" said it was going to be, then we will go from there with a suit. I kept the voicemail that he sent to my work also. I don't know where this MSW Capital came from, I HAD dV'd Praxis. This Larry guy said he was the owner...go figure. I did tell him if the letter was anything but what he was stating, that he would be getting sued. I really believe he knows that because of the attempt after I sent the first DV request and then got a settlement offer. And I also had a co-worker next to me that heard the conversation...;)

Well folks, it is now over. I did receive the letter today that MSW is announcing that they consider this debt "paid in full".


It goes on to say, I need to notify the credit bureaus and have collection attempts removed. And suggested I send a copy of the letter (duh). :)

So, after 4 certified letters to 4 collections agencies and a bunch of headache, it is now over.

(happy dance).

I don't know why they said that you need to notify the credit bureaus--it is THEIR responsibility under the law to change their reporting to fit the facts. Also, I don't like how they put it as "paid in full"...that is not what happened here. That will allow them to report it as a paid collection account, which hurts your credit. You might ask your attorney about this--they can still mess with you on this one like that.

Thanks sky, I will ask my attorney. I never thought it was a bad letter until i read your post. I agree, it was not paid in full, because it was never validated? Does this site have a sample letter for that? Maybe i should notify him (ca) to change it. If I have the attorney do it it will cost me :). So I have went this far on my own, I might as well go further. I have sent all copies to an attorney for review in case we needed to sue. But he will charge to go further.