Question I have... How have you felt about Discover Card, if you have one of their cards? Hoping for any answer or 2. Second question.. Thank you all for answering my previous posts in regards to these two situations. Your help and this board has been worth it's weight in GOLD and I'm so very thankful for each and everyone of you who have answered and provided advice. I'm going to outline my 2 situations below, what I've done and what I intend on doing with dv letters to start, and am asking that you critique me on this.



My first situation:.

Providian/Wamu/Chase card charged off the beginning of January. I received the first collection call on January 12th -NES, Equable Ascent Financial LLC, amount is $7975.14. I was told my only options were a 12 month payment plan, to which they would debit my checking on a monthly bases or the settlement amount which I could by no means afford. I couldn't afford the 12 month payment plan, however was instructed I'd better figure how to- or this would be turned back to the OC as failure to pay resulting in a law suit. This company is in OH - which is a 1 party state (so is Oregon where I reside). I set up the payments the first coming out of my account on January 27th, and then the rest coming out on the 20th of each subsequent month.

I came here for advice, and now realize I need to send a dv letter and should have never given them any bank account info etc. I called and advised the company that I would be sending the dv letter and to please cancel all payment arrangements until I could validate the debt. I was told on the phone, that all future postdated checks were now canceled. I have to say, I'm worried about this. The first payment was to be processed yesterday so we will see if they complied with my request to remove the plan.

If they do process, I will call back recording the call this time.

Here is the letter I intend on sending which I obtained from these forums, and modified slightly:.

NES.

P.O. Box.

Canton, OH 66666.

To whom it may concern:.

I have received your letter (copy enclosed) dated January 13, 2010, in which you claim that I owe a debt of $7975.14.

This letter is to inform you that I dispute this debt in it's entirety, and I request that you provide validation of this debt pursuant to the Fair Debt Collections Practices Act (FDCPA). Also, please provide the original creditor's name, address, and date of last activity. Further, any contact by telephone is inconvenient at all times..

I thank you in advance for your prompt attention to this matter..

Very truly yours,.

Myself.

Will this letter suffice, or do I need to go into more detail? Were they in violation by calling me prior to even sending out the letter on January 13th? That is unclear to me. I am well with the SOL, so I know that I'm taking a gamble. However, I cannot afford $700 per month payment, nor can I pay the settlement amount she offered. She was AWFUL on the phone. I will also be contacting the OC with a letter to reage/ rule of 5000 goodwill letter request and see if they will set me up on a payment plan. I'm hoping that now that I'm back to work full time, this will buy me time to come up with any future settlement offers if they do in fact sue me.

Please let me know if this letter is sufficient. They have not harrassed me via phone, however I believe that is because I was set up on the payment plan almost immediately and I do not want them to start harrassing me via phone. My concern is, by entering into that plan- did I affirm that I owed the debt? I was told that if I didn't, it would be returned ot the CO as failure to pay which would result in a law suit - which is a violation of FDCPA. Do I need to include this violation in the letter above?.

I have ordered my credit reports, once I receive them- I'm hoping to start the credit clean up process- and can then determine what other violations are going on as well. Please let me know if I should revise this letter in any way- or if it's okay to proceed with mailing...