I received a collection notice from Northland group trying to collect a debt for LVNV. I DV'd them 24 days ago. I have not heard back from Northland yet. In the meantime I received a letter from Resurgent Capital saying " This account has been placed with Resurgent Capital. Please find the enclosed verification of debt. This is what the verification page says """"""Validation of Debt LVNV Fundinding LLc. currently owns account number xxxxxxxxxxxxx. This account was originated by Washington Mutual and recently aquired from Arrow Financial Services. At that time, the balance was xxxxxxx. As of the date of this communication, the account balance is xxxxxx . Because interest payments, credit, fees, and/or other permissible charges can continue to cause the account balance to vary from day to day you should contact us at xxxxxxxxxx to determine the exact balance."""""" Now i have dv'd Arrow financial before. I don't understand a company sends me something they call validation, which I don't think it even comes close anyway, and I never even asked for validation from them. I know the debt is past sol for collection. Could you all suggest what might be my next step with this ?
Is Resurgent Capitol in breach of any laws trying to collect in the 30 day validation period that I'm still waiting to hear a reply from Northland ? Or is LVNV at fault here sending 2 companies to collect 1 debt, maybe not knowing that one of the companies has not responded to me yet ?? Please any help would be greatly appreciated
These guys are all the same company. They know exactly what they're doing. What they like to do is bounce the debts around when you DV one of them. I've seen examples of this happening a lot, and they shouldn't be getting away with it. If the SOL has expired, send all 3 a letter stating just that. They should hopefully bug off.
I have this same issue. I had a collection from First Premier that Arrow was CA on. 1st Premier fell off report in 2010 and Arrow should have followed right there after, don't recall exactly when they did. The SOL was up 2/2005 for this TL. In 2009 I received letter from Northland about this same debt. Immediately send a debt verification letter and never heard back from them. Did not hear anything at all on this TL until 2/17/12 when I received a letter from Credit Control LLC (stated that current creditor was LVNV Funding LLC). I sent them the SOL expired letter on 3/14/12 and they did not respond. Then on 4/2/12 I received the letter from Resurgent that included the exact "verification" (word for word as above but with my info) letter included in it. Still states that LVNV Funding is current owner. What's my next step? Do the Subsequent CA letter?? Ignore?? I'm lost.
If the SOL is past, and you are certain of this fact, then I'd recommend ignoring these people and getting an unlisted phone #, answering machine, or Google Voice. I would NOT send or say anything to them. Of course, you should be very careful to never in any way, shape, or form say or write anything that can be construed as acknowledging that the debt is/was yours or promising to pay anything. In many states, a promise to pay, or even a "good faith" payment of $20 or whatever can reset the SOL, allowing them to sue.
LVNV is... A company which goes by many names, including Sherman/Resurgent... The rub for both posters, is that the wrong party responded to the validation request... Wollman Opinion, the CA is to obtain the validation from the OC, not the JDB... And the CA, not the OC, and not the JDB is required to be the party which responds to the validation request, any other response is a violation. I like to sue, so what I *PERSONALLY* would do is ITS, with a draft of a suit to Northland, and to LVNV and the entire collective organization known as the "Sherman Companies" for 15 USC 1692g(5)(b) "shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.", and the 15 USC 1692e(6) "The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- (B) become subject to any practice prohibited by this title." namely, the continued collection activity of an unvalidated debt. Including the SPECIFIC information that you required to prove that the amount of the alleged debt was correct, and that you were in fact the owing party. For the second poster, I would do the exact same thing, except Credit Control LLC and LVNV/"Sherman Companies".
I know for certain mine (well, it's actually my husband's) is past SOL. According to a CR from 2008, First Premier (OC) shows DOFD as 2/2003, DOFMD is blank, DOLP is also blank, DOLA says N/A. It is a credit card and SOL in Alabama for that is 3 years. I don't know right off hand without looking if that 3 yrs is from last activity or from delinquency. On that same report Arrow has an entry that shows DOFD 2/2003, DOLA N/A, DOFMD is blank, DOLP is blank as well. Both of them fell off of the CR in 2010. I don't mind ignoring them at all but I would want to be certain that they cannot put it on the CR if we don't dispute within the 30 days. HOWEVER, I also have this little devil in me that wants to send a "nice" little letter so that they will just move on... jam237.... I have no clue how to write a suit draft!! and would they truly need to obtain verification of the debt when legally they can't collect on it anyway?? Just curious...or does this pretty much deter them because they can't provide the info anyway? Sorry if I appear uneducated on this because I am.... have only had cut and dry disputes in the past. Never some irritating JDB that is more bothersome than a "______" (insert own idea there).... One thing that I'm curious about is that in my letter to Credit Control (on 3/12/12) it plainly states that "you, anyone affiliated with your company, cease and desist contacting me...." I used the SOL letter from the Sample Letters provided on this site. If Credit Control is part of Sherman Companies, would that not apply to them? They are not listed on the Privacy Notice page included with the Resurgent letter, but I know they could still be under a diff branch of Sherman. Anyway, all advice is welcome and much appreciated.
[If Credit Control is part of Sherman Companies, would that not apply to them? They are not listed on the Privacy Notice page included with the Resurgent letter, but I know they could still be under a diff branch of Sherman.] by "them" I was actually meaning Sherman Companies. I don't know that it was clear in how I wrote that. If Credit Control is part of Sherman and I said the cease and desist deal listed above... would that be effective for Sherman and any affiliates? That is what I'm asking. Sorry.... long day already and it's still early!
SOL would be the last payment, more than likely. Writing a suit isn't as hard as it sounds, the FTC web site can give good examples of suits that they have filed as to how their lawyers word the suits that they filed. But the pleading template that my local federal court is giving out now is a whole lot simpler than any of those (which makes writing the suit even easier). Them not being able to get a red cent from you is one thing, but wouldn't getting some spending money from them be even better? Credit Control isn't a part of Sherman, Sherman hired Credit Control as a 3rd party collector.
By law, the credit reporting period is 7 years from the DOFD (which is usually 30 days from the first missed payment that triggered the default), and cannot be re-aged or extended merely because the debt is sold or transferred to a different collection agency. To do so is a violation of federal law, and you would have a cause of action to sue. So my advice to ignore and send nothing still stands. The JDB (or its collection agency) can call you or send letters until the cows come home, but they cannot sue or place negative information on your credit report in order to make you pay.
