writing a cease and desist letter To WHOM?
Date: Mon, 07/24/2006 - 13:02
LVNV Funding is a collection agency. Is this company now the cur
LVNV Funding is a collection agency. Is this company now the current creditor of your debt account? Well, the cease and desist rule is applicable on the collection agencies only but since this company has now become the current creditor, I am not sure if they will follow the laws. But yes, since the original business of LVNV Funding is debt collection, they are bound by federal laws to follow the cease and desist rule.
Yes LVNV is the current creditor and I am sending the letter to
Yes LVNV is the current creditor and I am sending the letter to the debt collector they hired, the one that has called and sent out a letter. So, by writing to the collector, I am actually resonding to the current creditor, I believe. Do you know if I can find out quickly and truthfully when, or if, the last time I was contacted concerning this debt. If I call LVNV to find out if this is a valid debt and if they have proof from the original creditor, will I be able to see this proof through fax or mail? ANYONE?
Now that LVNV Funding has purchased this debt from the original
Now that LVNV Funding has purchased this debt from the original credit company, you won't be able to get any information from the original company since they don't have your file anymore. But you can ask the collection agency to validate the debt in writing as per the fdcpa laws and they must follow it. You have to make sure if the company is doing the legitimate collections with proper account details. Also, check the latest copy of your credit report and see how this account has been reporting there. If you find anything disputed, ask the bureau to verify it with the companies. The collector of this account must validate the debt before attempting further collection. If you haven't received anything in the mail, send a debt validation letter from your side. Also, it appears that this is a charged off account. You need to check if this is within the SOL period where the account took place.
If I did owe anything, it has never appeared on my credit report
If I did owe anything, it has never appeared on my credit report, at least since I've started checking it. I am in the process of writing a letter to them and this helps since I don't know if I owe it or not,... I will ask for validity also. The person on the phone said it is from 1994, and in my state, Washington, if they've received payment or agreement to pay within the last 10? years, they can persue it? I think. I don't remember talking to anyone about a debt of this nature within the last ten years. So, IF it is valid, but we haven't communicated within that timeframe it should be considered SOL anyway? and they are SOL :)
As per the FCRA laws, any negative remark about this debt should
As per the FCRA laws, any negative remark about this debt should not appear in your credit file also because it is past the seven years reporting period. If you don't remember doing any payment towards this account, you are on the safe side and this account cannot be reported by any company as per the laws. Things will take a reverse turn only if you do a slight payment in this period. Ask the company to validate the debt and the date of last payment should be furnished in it. You need to have this info before you think of paying this account. The companies should not report this item in your file as per the FCRA laws till you do a payment.
Thank you for your help! If I ask them to validate it then I am
Thank you for your help! If I ask them to validate it then I am pretty much stating that I am disputing it, right? If they can validate it, they can still ask for it after the statute of limitation has run out and they probably will want me to pay full cost of debt instead of their offer of half, correct?
Say La V C'est ??
I am still writing the letter, if they have proof and can enforce payment then I guess it was meant to be!
If the collection agency has not sent anything in the mail, you
If the collection agency has not sent anything in the mail, you send a debt validation letter forcing the first contact to be done. But, if something has been sent in writing and you are disputing the item, a debt verification letter is sent in the second phase. In this letter, they are required to send the information you have disputed.
Yes, even if the SOL has run out, they can still force you to make the payment but you can refuse paying the debt using the state laws. If a payment is done, the SOL gets renewed and you will come back under legal collections (which the collector wants you to do and thus force paying the account legally)
"If you send a validation letter to lets a seetne" Could you
"If you send a validation letter to lets a seetne"
Could you explain?