Hello all and thanks for all the wonderful advice I have found here. I have a question. I have been working on my credit for a little over a year and have gotten my reports completely clean, except for my BK that was in Nov 2003. It is still showing on EQ and TU, but I managed to get it dropped from EX. My scores are all in the low 700's now. My BK was dismissed because I sold my home and that is the only reason I filed so that I would not be foreclosed on. I even paid the bank off in full and they never reported me being late on payments (just lucky I guess). BK was dismissed in April of 2004. I received a letter a couple weeks back from Ocwen about a Sears account that was charged off before my BK in 2004, asking to settle the account. This account is not on my CR's anymore because it was removed after I disputed it and it was not verified. I sent Ocwen a "go pound sand" letter, basically saying that I disputed the debt and that according to my state attorney general (Alabama) the statute of limitations on this debt has run. I received a letter back now from Resurgent saying that "thank you for your recent inquiry regarding this account. We have taken actions to ensure that no communication will be made with you from Resurgent Capital". Then it goes on to say that "enclosed is an original validation of debt that verifies this debt". All the so called "validation" letter says is my name, the original creditor (Sears), and account number, an amount, and the fact that LVNV acquired this from Sears. It is just a typed letter. If I am not mistaken, this is NOT a validation of the debt. Anyone could have typed this up and sent it out. There is no other info on it other than this. Just three or four sentences. My question is, what should be my next move? This debt is not on my credit reports at all and is way out of the statute of limitations (6 years old at least). I have copies of my credit reports showing it being on them and then being removed as well. Like I said, I already sent them the FOAD letter. Any help would be greatly appreciated! jmr
As others have pointed out validation is a tricky slope and I believe this would be validation as far as a DV letter. Of course them suing you and using this validation is another issue ; ) Do a search on this company which is also SHERMAN and lots of others. I would keep aware of any letters and or phone calls that you get from them (they now will most likely pass it off to one of their other companies such as resurgent,ascent,pvcd capital ) so they can still bug you under another name. NO I would not have any contact with them and not pay them one thing. I would however be award of any changes in my credit reports and also accept any registered letter and read my mail. Don't ignore anything that is sent, put it in a file folder as you want to make sure they don ot get a default should they sue you, which I doubt Woofer
In a ruling this year an appeals court ruled that Ca's DON'T have to keep detailed records this i think was in the 4Th district so it is probably more than enough.
Thank you Thanks Woofer and JJ....I really appreciate the replies. So Woofer, what you are saying essentially is to just sit on the letter, do not reply, but keep any correspondence and keep an eye on my reports (which I already do, daily). Don't reply to this letter, correct? Thank you again! jmr
You have sent them a DV correct? AND have gotten the green card back? If YES I would just wait it out. If NO I would send a DV letter CRRR. Is there a tradeline from Sears on there? What does it read if so? Oh and you just may be able to get some mney form them ; ) Make sure you keep all your paper work credit reports and telephone calls in a file. If you do not have current credit reports of all three agencies do so now as this way you have something should they try to reage the account and put a trade line on. SHERMAN et al...will transfer the paper back and forth to all their alias companies.They look for ignorant consumers so they can frighten one into paying. Don't be one of them! Woofer
Just get some folders and after reading put them in there so you don't get served a summons and think its trash.
I received a settlement offer from Ocwen, and in turn sent a FOAD letter to them, CMRRR, and got the green card back. I then received the letter I am speaking of from Resurgence (Ocwen is apparently another one of their umbrella companies). That is the letter I got with the validation. My question is should I respond to this letter or just let it ride? Thank YOU!! jmr
