Too late to settle an old account?
Hi there. I received a letter from Bowman & Heintz stating that an old Midland collection had been referred to them. I asked for validation of the debt and they say that it is from an old account with Providian with a last pay date of 11/2002 so it is within the SOL. I would like to try & settle this account. Should I contact Providian who is now WAMU, or Midland, or Bowman & Heintz? Or is it too late? Any ideas how I would format the request? Thanks so much for any help.
thanks for responding. the DOFD was only about a year ago, DOLA 1.5 yrs ago, so it's definitely within the SOL. Haven't checked the CR. If midland's on there, is that who I should pay, or should I pay the the law firm?
rj
ok, so...........who to contact to settle? The attorney? The original creditor? Or the collection agency? Which one??
anonymous
By all means I believe that you should pay the debt if it is valid. I think that you just need to make sure that the debt is indeed owned by them. I have read other posts that report paying a debt just to find out that it is owned by another company, and they come after you a second time. I just recommend that you get proof that you are paying the right people. Just take the few extra steps to make sure you are not being scammed by someone that got a hold of you information
mommontoya
anyone?
rj
I am in Indiana and I believe the sol is 6 years. The "validation" they sent was a letter on theier letterhead stating it had been a Providian credit card opened in 2000 and last pay 11/2002. This is all that I have received.
kjshay
hmnmmm..don\'t hit that panic button and don\'t get taken advantage of!!!!
socksfullofrocks
'Guest'.....i was in a situation, similiar to the one you have. i would suggest to look on your Credit Report and see who is 'reporting' the debt. THEN see if the SOL is expired, or SOON to expire. ALSO..you will see, on your CR when the 'drop off' date is. In most states, if you start paying on an old debt, BEFORE the SOL, the debt 'restarts'. If the debt is CLOSE to the SOL< I would just leave it alone. But, of course, it's your decision what you want to do.
sdchargers_63
Can anyone give me a format for a "DV letter"?
anonymous
First things first here, OK? You're missing our point.
If you just want to settle, you could try 50%. They'll likely look at it as you running scared, and go for the throat, though.
Have they validated the debt?
This is key. If you sent a DV letter and they responded with a lawsuit, that's a violation of fdcpa. Read: counterclaim. If you didn't send the letter for whatever reason, answer the summons, and request validation during discovery. If they can't produce it, file a motion to dismiss.
The four 'no's of dealing with collectors:
No validation? No payment. No way! No kidding!!
Tellin' you all the zomby troof
Here I'm is, the zomby woof
[Frank Zappa, 1988 - R.I.P.">
unclewulf
Do not panic if they have responded your DV letter with a law suit, it is basically a tactic used by the CAs to scare consumers and force them to pay.
All you have to do is maintain all the paperworks that suggest that prove that the CA is in the violation of fdcpa.
Nelly
http://www.facebook.com/?ref=home#!/profile.php?id=100002227460566
Good Nelly
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