My very, very old BoA/MBNA account was sold to LVNV a couple of years ago. They went through a variety of their CA firms, but I just kept sending them letters requesting DV or asking them to cease and desist communications. I think LVNV and all their CA firms operate under some parent company called Sherman Acq.
Quick history: Missed first payment February, 2007. Tried some various reduced payment plans. Finally said screw it March, 2008. BA charged it off at 180 days Sept, 2008. Debt was purchased by LVNV in 2009. Currently, May, 2011 - The debt has now been handed to Weltman, W&Reis, the national collection "law firm."
I finally returned their phone call and spoke with a gentleman who was quite respectful. He was clearly acting in a collection capacity. He said the debt showed a last payment date of 2009. I told him I also noticed that on my CR, but that is BA's problem. They had already charged off the debt and sold it. I think he even felt it looked sort of weird. He asked me my intentions; pay, not pay, etc. I told him I was prepared to discuss this in front of a local judge if they felt they would like to sue. I then explained my current, and permanent wage garnishments taking 25% of my income. I explained I had no assets, I could retire at any time, and upon retiring I could wait out 6-12 months and file a BK 7. I suggested he inform their client (LVNV) that they might want to be careful about throwing money toward a suit. In the end, we said our goodbyes in a cordial manner. The phone calls have stopped.
I believe that the firm is testing the waters because this debt may be construed in a court of law to be SOL. The last agreement before charge off stated Delaware as the state of law. Since Oregon has a choice-of-law statute, it is my understanding I can choose Delaware's SOL of four years. I've posted the info to this forum elsewhere. My point is that if WW&R (or one of their local attorney network firms) sue me, I believe I will answer this suit and see just how my local circuit court judges address an affirmative defense of SOL. While the charge-off date is September of '08, the date of first delinquency is stated as July, 2008, but the first non-payment was February, 2007. While I did make some partial payments here and there, the debt never came out of official default status under the CC agreement. I have sent a certified letter to BoA requesting a copy of all history associated with this account. The 2009 date of last payment is total bullshit. I think this is probably when the debt was sold.
I read a lot of discussions and arguments related to SOL and how various states address the SOL. I would be curious to see how my local Oregon circuit court would address this strange history. It seems pretty clear that there was no intention of bringing this debt current going back 4 years. Rather than have other 'experts" debate how the SOL is interpreted in my state, I think I would prefer to hear it directly from a judge. If experience has taught me anything, it is experience. LOL
I have never done a local court records search using LVNV as plaintiff. I guess I will do so in the next few days and see what local cases might exist, and who the Oregon BAR attorney firm is, if any.
I'm not sure why I posted this other than to share some information, and let you all know that I am now a member of the WW&R club. Any thoughts or comments are most welcome.
Quick history: Missed first payment February, 2007. Tried some various reduced payment plans. Finally said screw it March, 2008. BA charged it off at 180 days Sept, 2008. Debt was purchased by LVNV in 2009. Currently, May, 2011 - The debt has now been handed to Weltman, W&Reis, the national collection "law firm."
I finally returned their phone call and spoke with a gentleman who was quite respectful. He was clearly acting in a collection capacity. He said the debt showed a last payment date of 2009. I told him I also noticed that on my CR, but that is BA's problem. They had already charged off the debt and sold it. I think he even felt it looked sort of weird. He asked me my intentions; pay, not pay, etc. I told him I was prepared to discuss this in front of a local judge if they felt they would like to sue. I then explained my current, and permanent wage garnishments taking 25% of my income. I explained I had no assets, I could retire at any time, and upon retiring I could wait out 6-12 months and file a BK 7. I suggested he inform their client (LVNV) that they might want to be careful about throwing money toward a suit. In the end, we said our goodbyes in a cordial manner. The phone calls have stopped.
I believe that the firm is testing the waters because this debt may be construed in a court of law to be SOL. The last agreement before charge off stated Delaware as the state of law. Since Oregon has a choice-of-law statute, it is my understanding I can choose Delaware's SOL of four years. I've posted the info to this forum elsewhere. My point is that if WW&R (or one of their local attorney network firms) sue me, I believe I will answer this suit and see just how my local circuit court judges address an affirmative defense of SOL. While the charge-off date is September of '08, the date of first delinquency is stated as July, 2008, but the first non-payment was February, 2007. While I did make some partial payments here and there, the debt never came out of official default status under the CC agreement. I have sent a certified letter to BoA requesting a copy of all history associated with this account. The 2009 date of last payment is total bullshit. I think this is probably when the debt was sold.
I read a lot of discussions and arguments related to SOL and how various states address the SOL. I would be curious to see how my local Oregon circuit court would address this strange history. It seems pretty clear that there was no intention of bringing this debt current going back 4 years. Rather than have other 'experts" debate how the SOL is interpreted in my state, I think I would prefer to hear it directly from a judge. If experience has taught me anything, it is experience. LOL
I have never done a local court records search using LVNV as plaintiff. I guess I will do so in the next few days and see what local cases might exist, and who the Oregon BAR attorney firm is, if any.
I'm not sure why I posted this other than to share some information, and let you all know that I am now a member of the WW&R club. Any thoughts or comments are most welcome.
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