I need advise, I'm very confused... Sherman Financila aks: LVNV funding and now aka:Resurgent capital... they are all asking me for an old debt from Sears accnt that according to my creidt report it was closed in march 2003 and this collection agency purchased in may 2006. the account has remained in their system active, they also state that I became delinquent withe in 10/05...so I tried to get additional info. called Sears who told me to call Sherman; I call Sherman and they said to inquire to Resurgical Capital. now three days after me calling Sherman, I get a collection notice from United Collection Bureau and if I dont dispute within 30 dys they will validate debt. they also state that if I dispute they will get copy of the judgement. the judgement from whom... Sears or the company that purchased it??? can some one help...I was planning on sending a validation of debt to both collection agencies...should I?? any advise any one??
First step: Step back, take a deep breath, and relax. Go get a cup of coffee or tea. We've all been in your shoes, and it can be scary. The collectors are counting on your fear and confusion to make you pay a debt that you may not even owe. A few simple questions: 1) What state do you live in? 2) When was the last payment on the Sears account (be it to Sears or a debt collector)? 3) Do you have any paperwork (old bills, etc) from the account? 4) How long has it been since you first heard from United Collection Bureau? If the answer to #4 is "less than 30 days ago", you'll want to send out a "dispute & validate" letter. You'll want to send it certified mail with return receipt requested (this will cost you about $5). The letter should be very simple and direct: "(YOUR NAME & ADDRESS) (THEIR NAME & ADDRESS) (ANY ACCT INFO, EXACTLY AS THEY PROVIDE IT; CORRECT NOTHING) (TODAY'S DATE) Dear United Collection Bureau, I am disputing the above-referenced alleged debt. Please validate said alleged debt and submit proof of validation to my address above. This is not a refusal to pay. It is inconvenient for me to receive phone calls on this matter. Sincerely, (YOUR NAME; DO NOT SIGN)" If you send this letter within 30 days of their initial contact with you, then they are obligated to halt collections until they validate the debt. Sometimes they won't validate and you'll never hear from them again. If they do validate, don't panic. It sounds like there's an excellent chance that the statute of limitations has passed.
Maybe I'm being anal retentive here, but at the top of the letter my girlfriend has received there seems to be account # info (I guess Penn Credit's identifiers) and in the body of the letter is the actual Verizon New England acct #. Which should I reference in the DV that I'm sending? It looks like this: Penn Credit Corporation Their Address 2009/5/20 #some numbers and letters# #some more numbers and letters# My Girlfriend Her Address Our client has referred your delinquent account to us... SERVICE RENDERED SVC DATE ACCOUNT # BALANCE Verizon Phone Bill Disc RSN: Non-Pay 2008/5/14 978... $367.80
I would either type it in exactly as they did, like I edited above. Or, you could always photocopy their letter, attach it, and change your DV letter to this: (YOUR NAME & ADDRESS) (THEIR NAME & ADDRESS) (TODAY'S DATE) Dear (collector), I am disputing the alleged debt referenced on the enclosed correspondence. Please validate said alleged debt and submit proof of validation to my address above. This is not a refusal to pay. It is inconvenient for me to receive phone calls on this matter. Sincerely, (YOUR NAME; DO NOT SIGN)"
Good luck! The reason I always suggest typing account information EXACTLY as they send it is that you're disputing the debt as "not mine". Say there's a guy named John Smith and your name is Jon Smythe. If they send you a letter trying to collect for John Smith and you "helpfully" correct it to "Jon Smythe", you're doing yourself a big disservice. They obviously have the wrong person. Or if they're collecting Citi account # 12345 and your Citi account # was 54321, don't assume that they made a typo. They are obviously trying to collect the wrong account, or they sent the wrong account to the wrong address. Let them double-check their work.
Or they changed the info in hopes you will correct it.Bingo you just dv yourself,so your dispute is moot at that point!
Interesting you say that. The address they sent this to has an apartment number but...we live in a private home. One of the things I fixed in her old report was the same apartment number misreported on the credit report. They must have just hit some database looking for someone with the same name, assumed it was her and started the phone calls and mailing (not to mention smearing her bureaus).
Exactly. Imagine being arrested for shoplifting, and the police ask you if you stole that candy bar. The guy who corrects information on his DV is the guy who says "No, officer. I did not steal the candy bar. I stole the MP3 player." Honest, but definitely not in one's best interest. Of course, just to clarify, people should absolutely pay debts that they owe. But given the sad state of the collection industry and the massive amounts of incorrect paperwork & information out there, it's critically important for consumers to double-check every bit of information from a debt collector. Make sure the collector is collecting the right account from the right person, and make sure they're authorized to do so.
Oh yes, smart move. A former alleged debt of mine came to a very similar-sounding address. If I lived on Main Street, for example, they would've sent the letter to my street number at Rain Street. I think this may have been one of the contributing factors to getting it removed from my reports, especially since there is no "Rain Street" anywhere within 50 miles of this place.
