Hello forum folks,
New here and been reading threads. I have a few questions. I will post another thread for others.
My question involves a MBNA account. This was an account that credit bureau said was verified. I used the info given on credit report to send a validation of debt letter. I have all certified, return receipt, etc. saved. They never responded.
Got a call today from anonymous type person (finally gave name) stating to call a number that I was being sued and my house was in jeopardy related to it.
So I called---it was attorney---said they gonna file suit if I don't settle etc. original amount less than $1000 now at over $4400 I think he said. Anyway he is trying to get my address confirmed to send summons etc. I did not give it. He wanted email, or anything to confirm. I said I would get back to him. Said if I didn't he gonna file. Yes, this is the company above.
I am thinking of settling at this time--but want to know your opinions. They haven't been able to send summons as of yet. It's been close to or longer than 7 yrs. He mentioned they would settle and take off CR for about $1300--which he said original amount---but original amount was more like $700.
I would probably settle in the $500-$700 range just to get this off of my report. (Personally, with all the disputing, validation letter, etc. I think this should be off of my report.-I have never sent the proof of validation letter to Credit bureaus).
Or, do you think I should just let it ride since they haven't sent me anything?
This attorney was for some reason hounding me about verification of my address in a bad way---I declined to verify it. He wanted to send papers, etc. I am thinking he wants to send summons or something.
Thanks
Credit novice, first off they can not take your house to pay a debt and using this threat is a violation of the fair debt collection act, which, they can be fined for. Second if you sent debt validation and they did not respond then they have lost their right to collect on this debt. If they would take you to court you could show you ask for validation and they did not send any and you would win. They should have your address off that validation letter. Now third, I would like to know your state because the statute of limitations may apply here. Most states are below 7 years and if your state is and you are sure that you have not paid on this debt in all this time then you are also protected their. I know I would definately not pay off a debt that is not validated. I would dispute this debt with the credit bureaus and get it removed...which it seems it should eb falling off anyway since the length pf time for a debt to be listed on your report is 7-7.5 years.
Fireyone, thanks for the response. I am in Texas. I thought the SOL was about 4 yrs.
The attorney did not threaten to take my house. He did however threaten to get a judgement by filing and a lein would be placed on my house.
I think the debt validation letter was sent to the original creditor which is BOA-(i think BOA purchased MBNA, but not sure). It has apparently since been sold to someone else. I have not sent dispute and validate to them (the attorney for MBNA)yet I don't think. I will have to get letters out of storage and review.
The credit bureaus claim to have validated a while back. I then sent the letters asking for dispute and verification myself using the address on the report. Never heard back from them. I have all documents saved, sent certified, return receipt, etc.
The attorney was trying hard to get me to verify my address. Also, demanded I call again today.
I don't know whether to call back or ignore. I have no summons as of yet. He said he would be filing for like $4400 instead of suggested settlement of about $1300 if I did not return call.
My past credit reports show first deliquency at feb.2002 and charged off feb. 2003 or so. Credit report shows this account to be deleted in feb 2010. I have disputed it.==They claim former validation---I have not yet forwarded the non-response dispute and validation proof. I was in process of remodeling and packed everything away. I still have them.
I figured they would have my address. They even said it to me--but was continuly asking for verification. It seemed the most important part of call until he mentioned settling. He even pretended to call original creditor to ok settlement try. So, why haven't they sent summons etc. if they are intending to file. He is attorney--I guess he could use it as scare tactic etc. but didnt think attorney would do so.
Thanks again
Now they can put a lein on your house and when you sell it they could collect their money. If this debt has been sold then their is a pretty good chance the documents they need to validate the debt was not given to them. This is why you need to send a debt validation to the current company trying to collect this debt. Your debt is passed the SOL for collecting the debt whether they validated it or not. The only thing that restarts the SOL is making a payment after the deliquency date.
You have two choices here that I can see. either pay the debt settlement, which I would not unless it was still with the OC because their mark will remain for the 7 years regardless or let them threaten to take you to court. If and I say IF it makes it to the judge you would be released from the debt due to the SOL expiring. If you are going to do this then send a cease and desist letter to them. More than likely if they are going to do anything they will do it then and you can let the judge tell them they can not collect due to the SOL expiring.