What to do when CA has changed over to another

[thebluedahlia]

What is the name of your state? TN

I posted on here several months ago about a debt in the hands of National Enterprise Systems who wanted payment in full or split into two payments. To summarize briefly, I wanted to send weekly/monthly payments which she refused. My later letters of correspondence went unanswered. I did however send in payments (though not large ones until I heard something back from them) through their online payment site.
Now I have gotten a letter in the mail from Credit Control listing the creditor as LVNV Funding LLC (which is who has NES I think) and now the balance totals over $200 more and I see no record of payments applied.
The new letter states:
"We realize that past due accounts are often the result of oversights or short-term cash shortages. To avoid future collection activity, please pay your bill as soon as possible.
We report bad debts to consumer credit bureaus when permitted by law and allowed by our client.
Payments can be made via check or you may contact our office at the number below to make payments. Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion therof, this office will assume the debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will obtain verification of the debt or obtain a copy of a judgement and mail you a copy of such judgement or verification."

So now that previous communication efforts have failed me, is there another way I should deal with this new office? I have a recorded conversation as well as voicemails from the lady at NES telling me that we were going to court on such and such day if I did not pay-I did not think that it was within the law to say this if they did not intend to actually do it on that day or not do it at all.

I'd like to get this resolved once and for all. And if that means trying to settle the debt for an amount I can come up with, I'd like to know the best way to do that. Debt Collector gave me helpful advice last time, so he/she may be able to give suggestions on settling.
Thanks!

[moburkes]

Send a letter explaining that you made payments towards the debt with the previous company, and that you'd like an accouting of the current amount due, as you believe that it is inaccurate.

[chellecha]

personally, i would not provide them with that information.

reread the part in the letter they sent you telling you that you have a right to validate the debt within 30 days and then do that. how do you know for sure that this agency even has the right to collect this debt especially when you were already paying another?

[moburkes]

Originally Posted by chellecha

personally, i would not provide them with that information.

reread the part in the letter they sent you telling you that you have a right to validate the debt within 30 days and then do that. how do you know for sure that this agency even has the right to collect this debt especially when you were already paying another?

Why wouldn't they have a right to collect on a debt that was sold to them? For example, if my mortage is with ABC, and I've been making payments for years to ABC, they have the right (as long as that right is disclosed in the closing paperwork) to sell that mortgage to XYZ. Based on your logic, XYZ wouldn't be able to collect the remaining payments.

[chellecha]

i didn't say they wouldn't have the right to collect the debt only that they should prove it, however the valdation clause exists for a reason.

if your mortgage is sold you will generally get a letter telling you of the transfer and they are aware of your current account status. (my mortgage has been sold 3 times within in a year) this person was making payments to one agency which do not seem to have been applied and now is told he owes another.

i guess i trust my mortgage company more than a collection agency.

[moburkes]

Originally Posted by chellecha

i didn't say they wouldn't have the right to collect the debt only that they should prove it, however the valdation clause exists for a reason.

if your mortgage is sold you will generally get a letter telling you of the transfer and they are aware of your current account status. (my mortgage has been sold 3 times within in a year) this person was making payments to one agency which do not seem to have been applied and now is told he owes another.

i guess i trust my mortgage company more than a collection agency.

Um, in asking for an accounting, you're asking for a validation. I'm not saying to make an assumption. I was simply taking exception to your statement that by paying the first, the second may not have the right to collect.

[chellecha]

ok, i guess i was not clear.

ask for a validation or accounting or whatever you want to call it but i would not volunteer that i was paying another company until after its validated.


i didn't mean that the second would not have a right to collect simply because you were paying the first i meant they may not have a right period.

[moburkes]

Originally Posted by chellecha

ok, i guess i was not clear.

ask for a validation or accounting or whatever you want to call it but i would not volunteer that i was paying another company until after its validated.


i didn't mean that the second would not have a right to collect simply because you were paying the first i meant they may not have a right period.

Okay, understood. And, agreed.

[debtcollector`]

An interesting discourse and completely pointless since validation consists of the name and address of the original creditor only. And the OP already knows that the debt is valid.

Requesting an accounting or even taking some time to go over it with the collector on the phone should resolve the questions quite easily.

DC

PS OP -- feel free to PM with any specific questions that you don't want to post on the general forum.

[chellecha]

If debt validation consists only of providing the name and address of the original creditor then what is the point? Most of the time that information would be contained in the letter from the collection agency anyway. If all you need is the name an address of the original creditor to be able to collect a debt what's to prevent a collection agency from obtaining that information from someone's credit report and saying they now "own" that debt?

Maybe the OP knows the debt is valid but how does he know he has an obligation to pay this collection agency? Afterall he was making payments to another.

[thebluedahlia]

Originally Posted by chellecha

If debt validation consists only of providing the name and address of the original creditor then what is the point? Most of the time that information would be contained in the letter from the collection agency anyway. If all you need is the name an address of the original creditor to be able to collect a debt what's to prevent a collection agency from obtaining that information from someone's credit report and saying they now "own" that debt?

Maybe the OP knows the debt is valid but how does he know he has an obligation to pay this collection agency? Afterall he was making payments to another.

I know the debt is valid and have never had an issue with that-my issue was thatthis was a Sears Gold Mastercard and I made arrangements with Sears originally to make a set payment each month which they directly debited from from checking account. All went as planned and then suddenly they sent me a letter saying that due to my non-payment status they were turning me over to a collection agency. And so here I am, a few years later, still trying to work things out with people who don't communicate well.
I do not need a validation of the debt (though I do dispute the amount very much), but would like to know that this company does definately now own the debt and are not just scammers. If I am making the effort to get it paid, I want to be sure that it is actually being paid-as you can tell, twice I have made payments and they apparently weren't applied either time/creditor.

[thebluedahlia]

BTW, in the responses I am not sure that it was me being refered to-I am a 'she.' Just don't want to get confused and read it wrong!

[Debt Guy]

Chel

re your post:

If debt validation consists only of providing the name and address of the original creditor then what is the point? Most of the time that information would be contained in the letter from the collection agency anyway. If all you need is the name an address of the original creditor to be able to collect a debt what's to prevent a collection agency from obtaining that information from someone's credit report and saying they now "own" that debt?

Maybe the OP knows the debt is valid but how does he know he has an obligation to pay this collection agency? Afterall he was making payments to another.

You clearly have the notion that a validation request is a requirement that the CA "prove" the debt. Not so.

Your mistooken impression is common with rookies who spend too much time reading some of the crap that gets posted on debt message boards -- sometimes it is hard to sift nuggets of fact from all the nonsense.

The FDCPA was drafted in the early 70s and the intent of Congress was to give the consumer some way to determine whether or not the creditor was chasing the right person. At that time, CAs had a nasty habit of refusing to tell the debtor the name of the original creditor. Don't ask me to explain why.

Now, maybe the Act needs an overhaul. But, you got to take that up with your Congressweasel.

The only place and time when a creditor is required to prove anything is in the courtroom during the process of discovery -- and then only to the degree that the judge allows/requires.

Unless you are in court, you can "demand" anything but are powerless to "enforce the demand".

I apologize for the harsh tone -- but it needs to be made clear to you and others who read these posts. Firing off a validation request is mostly a waste of postage.

I think DC is right. The OP's questions could most likely be answered on the phone in about 10 minutes. If not, then all the validation demands in the world is not going to solve the problem.

[moburkes]

Originally Posted by thebluedahlia

BTW, in the responses I am not sure that it was me being refered to-I am a 'she.' Just don't want to get confused and read it wrong!

Its a habit. Unless we KNOW, "he" is just standard.

[chellecha]

ok, well since I am a "rookie" what happens if you request validation of the debt and the collection agenct doesn't respond, not even with a name an address of the original creditor???