how to deal with Richard J. Boudreau & Associates
Date: Wed, 05/13/2009 - 17:03
Richard J Boudreau & Associates LLC, 5 industrial way, Salem, New Hampshire 03079.
The letter states our client : lvnv funding llc
and original creditor : The Gap
Account # XXX
Balance: $XXX
It states the above account has been assigned to this firm. Make payents to this firm(Richard J Boudreau), payable to RJB, LLC CLient trust account.
I need some help in this regard as to how to deal with them. I dont know how legitimate this is, and what steps I need to take inorder to close my dealings with this law firm.
Thanks,
FYI: This is what I asked in my second DV letter to Resurgent.
What do I need you to provide as the debt validation:
• What the money you say I owe is for
• Explain and show me how you calculated what you say I owe
• Provide me with copies of any papers that show I agreed to pay what you say I owe
• Provide a verification or copy of any judgment if applicable
• Identify the original creditor
• Prove the Statute of Limitations has not expired on this account
• Show me that you are licensed to collect in my state
• Provide me with your license numbers and Registered Agent
• Proof that your 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.
• Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has
been added on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v.
Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004.
• Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.
I could not get your first point. If LVNV bought your cc account
I could not get your first point. If LVNV bought your cc account from GE Capital, then why have you asked for DV from Resurgent capital.
RJB is a law firm collecting on behalf of LVNV funding and so you should first get the debt validated from RJB. Once you get the debt validated, you can negotiate for a settlement.
That's because even though you've changed your name from jstncre
That's because even though you've changed your name from jstncredit to SC you still don't really have a clue, do you? Resurgent and LVNV are the same company. LVNV does the credit reporting and Resurgent is one of their collecting companies. Their addresses are seperated by 1 suite number. This is LVNV's SOP. They start with Resurgent, when you DV them, they move it to another collector and so on. DV both RJB and LVNV but you have recived all the validation you're going to get from them. Most of what you have listed is not required by the FDCPA and you won't get any of it outside of a court room. What state do you live in and when was the last time you paid on this account?
Thanks NASCAR devil for your reply.I live in California, and las
Thanks NASCAR devil for your reply.I live in California, and last time I made a payment to GAP(GE Capital) account was on 05/2007, but on 09/2007 there is charge of $47 on the card and it went to almost $230 and got chrged off in April 2008. I didnt knew about this charge, until I saw my credit history in January 2009. My credit history shows, the account was bought by LVNV in the same month Apr 2008. RJB is asking $248 for this account now.Can you please suggest me any further steps to take. I can send the same DV to RJB. But then this loop will continue, as its going on since I initiated it by sending a DV in Febrary to lvnv aka resurgent.
You are still well within SOL for CA (4 years) but it is a lew e
You are still well within SOL for CA (4 years) but it is a lew enough amount that I don't think they would sue. I would consider negotiating with LVNV for either a Pay for Delete or a Non-Disclosure Agreement where you pay and then dispute the tradeline 30-90 days after payment. If they verify the dispute, then they have violated the NDA. I have a sample in one of my posts I'll try to dig up for you.
Here's an example: Both parties agree that the present debt d
Here's an example:
Both parties agree that the present debt due is $100.00 (One Hundred and no/100 dollars). The parties agree that the Creditor shall accept the sum of $50.00 (Fifty and no/100 dollars) as full payment on the debt. The acceptance of the payment will serve as a complete discharge of all monies due. The payment shall be made by Cashier???s Check or Money Order.
Both parties agree to keep the complete and entire contents of this matter completely confidential and will not disclose or confirm any matter relative to this matter, or its underlying causes, to any 3rd party except as ordered by a Court of Competent jurisdiction. Violation of this provision is actionable, and both sides agree, in the interest of Judicial efficiency, that the liquidated damages for violation of this provision shall be an amount equal to ten thousand (10,000.00) dollars.
I think the SOL for CA is 7 yrs 6 months, thats what I read. But
I think the SOL for CA is 7 yrs 6 months, thats what I read. But I am not sure. In pay for delete, I would get a letter signed from them and then I will send money, but will they delete it from the history and if they dont then whom to talk to in that case. Will the credit beaureu's needed to be notify about it? This is a little new for me, I havent researched more in this area, so your help is really appreciated. I also didnt understood the Non-Disclosure Agreement way of doing this.
Also when I negotiate, I should negotiate with LVNV or RJB?
Thanks.
Don't confuse SOL with Federal reporting time limits. It can be
Don't confuse SOL with Federal reporting time limits. It can be reported for 7 years + 180 days but SOL is 4 years from the date of last payment in CA. LVNV is the data furnisher so would be the one to deal with. They may attempt to send you back to RJB but tell them since they are the owners you will only deal with them. NDA's are fairly straight forward. You agree to pay and they agree not to verify a dispute with the CRA's. If they don't verify the dispute, the CRA's have to delete the tradeline completely. If they do verify, then they have violated the NDA and would then be civily liable for an agreed upon amount: $10K in my example (it has to be enough to make it hurt)
I did forget to ask though. Is GECC still reporting on your rep
I did forget to ask though. Is GECC still reporting on your reports?
When I checked my report in January 2009 GE Capital is been las
When I checked my report in January 2009 GE Capital is been last reported on 05/2008 with status, transferred closed/account charged off/ $230 written off.
They're out of the picture but still have the reporting rights.
They're out of the picture but still have the reporting rights. Don't do anything with them except let them age off. I had a GECC/Mobil that hadn't been updated in 4 years and when I disputed they verified and BAM! 70+ point drop.
Thanks for your replies. I have few more questions. I hope you d
Thanks for your replies. I have few more questions. I hope you dont mind answering them.
1) Is there any other NDA format or a NDA letter which I can use?
2) Is there any chance that the NDA would bounce back on me?
3) LVNV replies through resurgent letterhead,so should i continue with resurgent or ask specifically get them to reply through LVNV only..
4) Would lvnv notify the CRA or we have to report to CRA that the account has not been verified?
5) Is there any timeline on the NDA?
6) Is pay for delete and NDA the same? If not, which one is suitable in my case?
7) Would the GE capital still remain on my report?
I have listed these questions, just to avoid any more confusion from my side.
Thanks.
Since I had sent 2 DVs to Resurgent(LVNV), and they had forwarde
Since I had sent 2 DVs to Resurgent(LVNV), and they had forwarded to Richard J B Attorney, my question is how should I deal with the attorney.
If I have to take the Non Disclosure agreement way, should I send the NDA to RJB or to LVNV.
Anyone Please help!
Boudreau& Ass. - LVNV
I read that I don't have to deal with these people at all. I can deal only with the original creditor.
Richard J. Boudeau and Associates
Please inform me how to deal with the above company?
Thank you.
email deleted...pm
[samebox:3242e2385d="paulmergel"]please do not post personal information on a public site.[/samebox:3242e2385d]
Bushwhacked
I am new to all of this and Richard J. Boudeau and Associates convinced me to send a $100 good faith payment over the phone thru my bank to hold off collection. Have I screwed myself now [after reading all of the above I am thinking I have]
If you didnt have them validate the debt first, then yep probabl
If you didnt have them validate the debt first, then yep probably did. Dont ever send money to anyone who says you owe UNTIL you have had it validated by law. This place is a bottom feeder that 9 out of 10 times does not and can not get supporting documents to validate anything!! If its not to late, cancel the payment. Still send a DV, it can never hurt
Been dealing with them today also... they bully people around.
Been dealing with them today also... they bully people around.