I pulled my Equifax and Transunion and I'm confused about one OC & one CA On Equifax it shows ZALES OUTLET/HSB The IMPORTANT details are Account Number: 603525107851XXXX Current Status :CHARGE-OFF Account Owner: Individual Account. High Credit: $494 Type of Account :Revolving Credit Limit: $500 Date Opened: 08/2005 Balance: $494 Date Reported: 12/2007 Amount Past Due: $309 Date of Last Payment: 04/2007 Actual Payment Amount: $0 Scheduled Payment Amount: $20 Date of Last Activity: N/A Date Major Delinquency First Reported: 12/2007 Months Reviewed: 27 Charge Off Amount: $0 Deferred Payment Start Date: Date Closed: Type of Loan: Charge Account Date of First Delinquency: 04/2007 Comments: Charged off account On Transunion it shows ZALE/CBSD #603525107851XXXX Balance: $494 Date Updated: 12/2007 High Balance: $494 Credit Limit: $500 Past Due: >$309< Pay Status: >Charged Off as Bad Debt< Account Type: Revolving Account Responsibility: Individual Account Date Opened: 08/2005 Date Closed: 09/2007 Loan Type: Charge Account Remark: >Profit and loss writeoff< Estimated date that this item will be removed: 05/2014 Which seems to mesh. However This account was sold/assigned/transfered to LVNV (A Sherman Company). They report it on Equifax as LVNV FUNDING LLC PO Box 10584 Greenville, SC-296030584 (866) 464-1183 Account Number: 512068002533XXXX Current Status: Account Owner: Individual Account. High Credit: $542 Type of Account : Open Credit Limit: $0 Term Duration: Terms Frequency: Date Opened: N/A Balance: $598 Date Reported: 03/2008 Amount Past Due: $598 Date of Last Payment: Actual Payment Amount: $0 Scheduled Payment Amount: $0 Date of Last Activity: N/A Date Major Delinquency First Reported: 10/2007 Months Reviewed: 5 Creditor Classification: Financial Activity Description: N/A Charge Off Amount: $0 Deferred Payment Start Date: Balloon Payment Amount: $0 Balloon Payment Date: Date Closed: Type of Loan: Factoring Company Account (debt purchaser) Date of First Delinquency: 08/2005 Comments: Consumer disputes this account information, Collection account and on TransUnion as LVNV FUNDING LLC #512068002533XXXX Balance: $601 Date Verified: 03/2008 High Balance: $542 Collateral: MED1 SOUTH HAVEN COMMUNITY HOSPITAL Past Due: >$601< Pay Status: >Collection Account< Account Type: Open Account Responsibility: Individual Account Date Opened: 08/2007 Loan Type: Factoring Company Account Remark: Account information disputed by consumer Estimated date that this item will be removed: 07/2012 Now it shows on both reports as a disputed account. Howver it is not a Medical Collateral and I've never heard of South Haven Community Hospitial. LVNV is a Sherman Company and I had sent them a validation letter, I just can't find my copy or their reply. Today I get a call and a letter from Weltman, Weinberg & Reis Co trying to collect this same debt. The person who called me at work said she was collecting on a Citi account and when I asked for the card # she said she only had the last 4 and from what she told me they match the LVNV account #. When I got home there was a letter (not certified) from them referencing the LVNV account. The second page is the same Privacy Notice from LVNV referencing "Sherman Accounts" Now my questions are 1) If LVNV is reporting this as a disputed account can a Law Firm attempt to collect 2) If #1 is yes does it matter that this "Law Firm" appears to be part of Sherman Companies based on the letter from them? 3) How do I send a validation request to this Law Firm without enticing them to sue me
If I'm reading this right, you are claiming they don't know what the amount they claim you owe is, it varies, they don't know who it was owed to originally, that varies, they don't even know what sort of OC it was with, it varies. What a mess. Isn't LVNV a law firm? If it's just a CA, they can hire a lawyer to do the suit just like you can hire a lawyer to represent you. I don't see why it would matter but maybe I don't understand what you are asking. Anything you do or don't do might be the reason they decide to sue. If you decide to send them a letter, they could conclude they actually found you so that's a good reason to sue. Or if you don't send a letter, they might sue you because it looks like this one will just default even when it's obvious we don't know the amount of the debt, the OC or anything else, an easy mark. Whatever you do, I'd save the information about the varing amounts and OCs and the like because that can be compared to whatever they say on the complaint. Whatever you do, I wouldn't probably tip my hand as to me knowing that things are so confused since that might encourage them to try to fix or improve their claims before they put themselves in it further with an actual legal filing.
I think these LVNV accounts are not Zales. LVNV is alleging that the delinquency of the account they are reporting occurred 2 years prior to the Zales charge off. If you have never heard of this particular medical office, simply dispute them as not mine, and request validation from LVNV. That is not to say that LVNV doesn't have a 2nd account that they are trying to collect from you on, but I believe you are comparing apples to oranges.
Dumb Bob let me elaborate on the points 1) When the person from Weltman, Weinberg & Reis called me she said it was a Citi account, yet the letter I recieved in the mail said an account with LVNV. So yes it appears they don't know who they are trying to collect for. 2) LVNV is a collection agency under the umbrella of Sherman Companies. I told LVNV it was inconvenient for me to receive calls at work and yet Weltman, Weinberg & Reis who appears to be a Sherman Company as well (their letter inclued a privacy page from Sherman Companies) called me at work so shouldn't they have been informed by LVNV that I had informed them they could only contact me by mail. 3) The amount they say I owe is under 600.00 While I would rather have money for their violations if they agreed to remove this from my reports and not sell/trade/transfer it to anyone I would accept that too.
It never occurred to me there may be another Citi account close to the amount that they claim I owe Zales. I will send them a not mine request as soon as I get proof that LVNV recieved my validation request.
Want to get LVNV removed, dispute the account "type", pay "status" and lack of date of major first delinquency. As for WW & R, be leery of them insofar as they're litigious. Be careful before you request anything from them. As dumb as they are (which is considerable), they will sue you in a heartbeat.
As for WW & R, be leery of them insofar as they're litigious. Be careful before you request anything from them. As dumb as they are (which is considerable), they will sue you in a heartbeat.[/QUOTE] If they sue before giving me validation I have an affirmative defense though. If it is my account I will gladly pay the correct amount to the correct person.
Maybe, you would have something if your request for validation was timely. Even then, it would only serve as a 1k max counterclaim rather than an affirmative defense. I may be missing something here.
Well I may be missing something but here is my line of thought 1) This was the first letter from the law firm 2) Their letter said they are collecting a debt and if I disagree I must contact them with 30 days 3) I sent them a validation request because they are acting like a CA 4a) If they are unable to provide validation they can not collect 4b) If they are able to provide validation then this is my debt and I'll pay it 5) If they sue for collection without validating I believe that is an affirmitave defense plus grounds for a counter suit. Is my logic wrong?
Wait a minute, the FDCPA says they cannot collect, but that's unlikely to stop them if they really want to continue collecting. The big problem is that if you are pro se, the FDCPA will only allow up to $1000 in statutory damages. Beyond that, you've got to prove you were damaged. Now if you had a lawyer, they could be in a world of hurt because they'd have to pay his fees if they lost, and he charges a lot.
Oh if it goes to court I have a lawyer that can handle it. I just checked on the USPS website and they received my validation request today.
Of course he's the one who gets paid. Realize that the FDCPA isn't a get rich quick scheme, at least for those hosed by the dark side.
