Debtorboards - Sue Your Creditor and Win!

The Players => Collectors and Agencies => Topic started by: YYaWannaNO on October 03, 2017 03:02:01 PM

Title: Convergent claims they have validated a debt!
Post by: YYaWannaNO on October 03, 2017 03:02:01 PM
So last month Convergent sent me a letter claiming I owe $800 and change from Paypal Bill Me Later.  I sent them a letter disputing the account and yesterday I received from them old billing data of paypal purchases made in 2011 & 2012.  The account # and the amount do not match anything on my credit report.  to top it off I'm also being sued by Cavalry For Paypal/GE Capital Retail Bank for a different amount that's not on my credit report. I have two JDBs coming at me for ONE account for different amounts!  So my question is, if the "validation" I received isn't in fact "valid", how do I fight this?
Title: Re: Convergent claims they have validated a debt!
Post by: 11181986 on October 03, 2017 03:08:51 PM
Nothing you can do to fight it at this stage.  Send them a cease and desist letter, and if they decide to pursue litigation that is when the fight begins.
Title: Re: Convergent claims they have validated a debt!
Post by: BellEbutton on October 03, 2017 03:12:33 PM
So last month Convergent sent me a letter claiming I owe $800 and change from Paypal Bill Me Later.  I sent them a letter disputing the account and yesterday I received from them old billing data of paypal purchases made in 2011 & 2012.  The account # and the amount do not match anything on my credit report.  to top it off I'm also being sued by Cavalry For Paypal/GE Capital Retail Bank for a different amount that's not on my credit report. I have two JDBs coming at me for ONE account for different amounts!  So my question is, if the "validation" I received isn't in fact "valid", how do I fight this?

We need more details.   

Who is reporting on your CR?  The OC or the JDB?  JDB account numbers will be different from OC account numbers.  Also, debts accrue interest, so that can explain why the balance doesn't match that on your CR.

Who are the 2 JDBs going after you for the same debt?

Where are you located and what is the SOL in your state?
Title: Re: Convergent claims they have validated a debt!
Post by: BellEbutton on October 03, 2017 03:13:05 PM
Nothing you can do to fight it at this stage.  Send them a cease and desist letter, and if they decide to pursue litigation that is when the fight begins.

I wouldn't send a C&D if the debt is within the SOL.
Title: Re: Convergent claims they have validated a debt!
Post by: YYaWannaNO on October 03, 2017 03:22:00 PM
We need more details.   

Who is reporting on your CR?  The OC or the JDB?  JDB account numbers will be different from OC account numbers.  Also, debts accrue interest, so that can explain why the balance doesn't match that on your CR.  Both JDB and OC  Cavalry is reporting for an amount a little over $1000 AND they are suing me.  SYNCB/PaypalSmartConnection is reporting and amount of $796.  They're also reporting as Transferred/Sold to another agency. 

Who are the 2 JDBs going after you for the same debt?  Convergent and Cavalry

Where are you located and what is the SOL in your state? Illinois SOL 5 years.  Actually this debt is past SOL as of August.
Title: Re: Convergent claims they have validated a debt!
Post by: BellEbutton on October 03, 2017 03:31:38 PM
Quote
  Both JDB and OC  Cavalry is reporting for an amount a little over $1000 AND they are suing me.  SYNCB/PaypalSmartConnection is reporting and amount of $796.  They're also reporting as Transferred/Sold to another agency. 

As previously stated, debts can accrue interest. 

Quote
Convergent and Cavalry

Convergent is not a JDB.  It's only a collection agency.  It could have been hired by Cavalry to collect.

Quote
Illinois SOL 5 years.  Actually this debt is past SOL as of August.

Did you make any payments on the debt?  When were you sued?
Title: Re: Convergent claims they have validated a debt!
Post by: YYaWannaNO on October 03, 2017 03:32:02 PM
I might also add that Convergent is saying that the OC is Commenity Bank.  Cavalry is saying it's GE Capital
Title: Re: Convergent claims they have validated a debt!
Post by: YYaWannaNO on October 03, 2017 03:34:13 PM
I did not make payment on the debt.  The last payment was Aug 20, 2012.  Cavalry filed a suit against me April 2017
Title: Re: Convergent claims they have validated a debt!
Post by: BellEbutton on October 03, 2017 03:38:12 PM
I might also add that Convergent is saying that the OC is Commenity Bank.  Cavalry is saying it's GE Capital

I believe that GE took over Commenity accounts (or the other way around).

Quote
I did not make payment on the debt.  The last payment was Aug 20, 2012.  Cavalry filed a suit against me April 2017

Filing a lawsuit tolls the SOL.
Title: Re: Convergent claims they have validated a debt!
Post by: YYaWannaNO on October 03, 2017 03:39:28 PM
I believe that GE took over Commenity accounts (or the other way around).

Filing a lawsuit tolls the SOL.

So Cavalry can sue me AND hire a collection agency for the SAME debt?
Title: Re: Convergent claims they have validated a debt!
Post by: BellEbutton on October 03, 2017 03:41:54 PM
So Cavalry can sue me AND hire a collection agency for the SAME debt?

There's really no law that says they can't.

Do you have any other outstanding debts for which Convergent might be collecting?
Title: Re: Convergent claims they have validated a debt!
Post by: YYaWannaNO on October 03, 2017 03:45:14 PM
There's really no law that says they can't. Well that sucks!  :(

Do you have any other outstanding debts for which Convergent might be collecting?
  Fortunately no.  Can I assume on Convergent's side that they can't sue because of the SOL?
Title: Re: Convergent claims they have validated a debt!
Post by: YYaWannaNO on October 03, 2017 03:48:15 PM
I might also add that when Cavalry sued me all they attached was an affidavit claim.  They didn't attached any back up to this debt. So I don't even have an account number from them.  But that might need a separate thread!  :)
Title: Re: Convergent claims they have validated a debt!
Post by: BellEbutton on October 03, 2017 03:52:27 PM
  Fortunately no.  Can I assume on Convergent's side that they can't sue because of the SOL?

CAs rarely sue because they're collecting for another party.  Convergent won't sue because Cavalry is already suing for the debt.

As long as you're sure it's the same debt, it would be interesting to find out for which business Convergent claims it's collecting.  If it claims it's collecting for any business other than Cavalry, you could have something.

Quote
I might also add that when Cavalry sued me all they attached was an affidavit claim.  They didn't attached any back up to this debt. So I don't even have an account number from them.  But that might need a separate thread!

Yes, that could be a separate thread.  On that note, unless your court rules require they attach more, they didn't need to attach anything else.  Their complaint should have provided an account number.  Start another thread.
Title: Re: Convergent claims they have validated a debt!
Post by: YYaWannaNO on October 03, 2017 03:57:08 PM
Per Convergent's letter I think they're collecting on behalf of Comenity since they're listing Comenity as both the original AND current creditor. No mention of Cavalry
Title: Re: Convergent claims they have validated a debt!
Post by: BellEbutton on October 03, 2017 04:00:14 PM
Per Convergent's letter I think they're collecting on behalf of Comenity since they're listing Comenity as both the original AND current creditor. No mention of Cavalry

No.  The FDCPA requires them to list the OC.   That doesn't mean their client is Commenity.
Title: Re: Convergent claims they have validated a debt!
Post by: YYaWannaNO on October 03, 2017 04:04:06 PM
Ok.  So the OC doesn't mean that's the "client", got it.  Well as long as they're not reporting on my credit report, I'll leave them alone for now. Thanks for your input Bell!
Title: Re: Convergent claims they have validated a debt!
Post by: BellEbutton on October 03, 2017 04:06:09 PM
Ok.  So the OC doesn't mean that's the "client", got it.  Well as long as they're not reporting on my credit report, I'll leave them alone for now. Thanks for your input Bell!

Again, you need to find out for who Convergent is collecting.  If it's not Cavalry, you could have a defense regarding Cavalry's standing to sue AND a possible FDCPA violation.
Title: Re: Convergent claims they have validated a debt!
Post by: YYaWannaNO on October 03, 2017 04:07:31 PM
If I send Convergent a letter asking for this info are they obligated to answer?  I don't want to accidently re-start the clock by communicating with them
Title: Re: Convergent claims they have validated a debt!
Post by: CleaningUp on October 03, 2017 04:34:05 PM
A point that you need to understand...

A credit report is hear-say except in cases that directly relate to the accuracy of the credit report.

Don't put much credence on anything you see in one of the as evidence supporting something else.
Title: Re: Convergent claims they have validated a debt!
Post by: BellEbutton on October 03, 2017 04:49:15 PM
If I send Convergent a letter asking for this info are they obligated to answer?  I don't want to accidently re-start the clock by communicating with them

Check your state laws, but inquiring about a debt is not usually considered a promise to pay.

No, they would not be required to answer your letter.  Most people say not to call a debt collector, but I've done it before.  If you were to choose to do so, you'd have to be very careful not to admit to anything.  If I were calling, I'd simply state that I received a collection letter, requested validation, and have received their response.  While they've named an original creditor, they do not state for which business they are collecting.  I would like to know the identity of the business that hired them to collect the alleged debt. 

Again, that's just me.  Some other posters may have other suggestions.