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Need help with LVNV Funding and debt settlement?

Ok, a long time ago my husband and I both lost our jobs and we lived off credit cards for 3 months. It took us months to find new jobs and a couple of years to actually be back on our feet. Six months ago I started going over my credit report and slowly paying off old creditors. Most have "settled"

Now here's the problem:
The last two debts, I've never had any collection letters from offering to settle. I don't know if they never found my current address like the others did or what. They are with Enhanced Recovery Company LLC and LVNV Funding LLC. I started looking for the companies and found that they have really been screwing people over. Taking them to court for amounts higher than the original debt, harassing them, etc. The "statute of limitations" has run out, so they can't sue me, but it's still on my credit report and I'd honestly like to try to settle. If I call them to talk to them though, it resets the clock on the statute and they can sue me. Now I'm scared to call. It will be another 3-5 years before it drops from my credit if it ever does. Advice please?
http://www.debtconsolidationcare.com/letters/pay-for-delete.html

I found this letter. Are these acceptable alternatives?

Asked By: Bttrflykiss - 2/27/2012
Best Answer - Chosen by Asker
Do not waste your time with form letters you find on various "credit expert" sites. Most are just full of bad info and will do more harm than good. Collection agencies tend to ignore them.

In any case, there is no way you can get a pay for delete for charged off credit card accounts. Collection agencies can only remove what they report. The original creditors charge off (which is the serious negative) will remain. In fact, if the collection agency accepted your pay for delete, they would remove their entry, including the paid part, and leave only the original creditor's charge off.

Follow CatDad's advice. LVNF is not a pleasant company to deal with. If the Statute of Limitation (SOL) is actually passed, you may not want to open up a can of worms with these guys.

Make sure that you understand the the SOL is the timeframe to bring lawsuit. Typically the SOL starts from the date of last activity or last payment. Making a payment can restart the SOL. In some states, acknowledging the debt can also restart the SOL -- but that acknowledgment is generally a lot more than a phone call asking about the debt.

If you really want to settle this debt, even tho it is beyond the SOL, send a letter using your own words. Keep in clear and simple. Indicate that you are not acknowledging the debt but exploring settlement options. You should be able to settle for 10?r less in a lump sum as this is beyond the SOL. They probably would be thrilled to accept a 10?ffer.

Make sure you get the settlement agreement in writing before you pay anything. Keep that agreement along with your payment proof forever. Do not give the collection agency direct access to your bank account. Pay with a money order or cashier's check.
Answered By: bdancer222 - 2/27/2012
Additional Answers ()
If the SOL has expired, you'd be better off doing nothing and letting this debt fall off naturally. Debts come off by themselves in 7 years, from the original date of default.
- Paying charge offs really does not help your credit and it will not undo the damage to your credit. You need to understand that even if you do settle these accounts, they will STILL be listed on your credit report as an R9 Charge Off status, with the only difference that the account is updated to Paid with a $0 balance....a tiny bit better but still bad. This will remain for whatever is left of the 7 year cycle for reporting bad credit.
- LVNV is an aggressive debt collector and they might respond to your renewing contact with them in a very unpleasant manner. By acknowledging a debt or agreeing to pay, you can reset the SOL and they can turn right around and sue you....and that would be about 3 times the original amount of the default.
- Don't stir up trouble for yourself. You'd be better off using the money to get a secured credit card and using that to rebuild a history of paying on time.
- If you're going to pay anyway: How to pay/settle credit card defaults: http://tinyurl.com/3q8x6e6
Answered By: CatDad - 2/27/2012
I agree with Cat Dad. If these companies are not reporting to the credit bureaus, definately don't contact them!

If they are reporting, but have not contacted you for payment, and they are beyond SOL...let those puppies sleep!

What are the dates they are due to drop? On Equifax, it will say "Date of First Delinquency". Trans union will show at the end of the acct info something like: "This acct expected to be removed by Feb 2015 (or some such date)"

If they do contact you for payment...try the PFD method. You send an email to a top exec of the company offering payment to delete the acct from all 3 reports.

Here is an example PFD:
http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/PFD-Example-Letter/m-p/4519/message-uid/4519#U4519

The creator of this letter is a SMART guy when it comes to this kind of thing!
Source(s):
Me & the myFICO forums
Answered By: BungalowMo - 2/27/2012
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