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.
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
Did they send you Validation or just tell you about the account? I would send Bowman & Heintz a DV request by certified return receipt Mail. You always want proof in writing before you proceed with anything. Also have you checked your credit report to see if it is being reported?
mommontoya
ok: Today I received another letter from b&H stating that they have filed a lawsuit and it stated a case number. It said that if I wanted to make payment arrangements, to contact their office. I obviously want to try and settle, should I start at 50%? Should I call, or put my offer in writing?
kjshay
i know this thread is 3 years old, but I'm going through the exact same thing, so I HOPE I can get a good answer here.
I just happen to check my county courthouse records, and Bowman filed suit a few weeks ago, with a court date coming up in June. But I haven't been served yet. They are collecting for Midland, so how can I handle this?
I want to settle this, as the debt isn't that much, for 25%, so do I contact Bowman to make payment, or Midland directly?
I just want to get rid of it, I know if I go to court, they will not be able to prove that I owe this, but won't they just sell it off to the next JDB, and I'll have to go through all this court stuff again and again?
I'd rather settle, and demand they won't sell/xfer the balance to another JDB, than for the debt to keep getting passed down and possibly end up in court every year.
Thanks for you help!
rj
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