Thread: OC out of business

The original creditor is out of business but the credit line continues to report each month under the OC's name -- Each month it reports. Currently reporting 90 days (53times); 60 days (8times) and 30 days (!17 times); 81 mo. revolv. It is an auto loan with The Harvest Group out of Tempe, AZ. The DLA 01/98. The automobile was totalled and the insurance company paid off this loan.

Also, isn't it illegal for a CA to report under a different name?


Also, the DLA was 01/98 so....this is a time barred account and under CA law. Should I also use this angle? Can I sue for violations?



Any advice before sending the valication letter?

Thanks a lot



Thanks

Originally posted by ljones4521
The original creditor is out of business but the credit line continues to report each month under the OC's name -- Each month it reports. Currently reporting 90 days (53times); 60 days (8times) and 30 days (!17 times); 81 mo. revolv. It is an auto loan with The Harvest Group out of Tempe, AZ. The DLA 01/98. The automobile was totalled and the insurance company paid off this loan.

Also, isn't it illegal for a CA to report under a different name?


Also, the DLA was 01/98 so....this is a time barred account and under CA law. Should I also use this angle? Can I sue for violations?

Thanks

Are you saying that a CA has this account, or is The Harvest Group under new ownership? The insurance paid off the loan? What is late? Have you disputed with the CRA's? If you have, then I would request procedures, specifically the name, address, and phone number of whom they verified with.

Being time barred from collection, is different from being time barred from reporting.

Originally posted by jlynn
Are you saying that a CA has this account, or is The Harvest Group under new ownership? The insurance paid off the loan? What is late? Have you disputed with the CRA's? If you have, then I would request procedures, specifically the name, address, and phone number of whom they verified with.

Being time barred from collection, is different from being time barred from reporting.

Yes, I am saying a CA has this account; MSA Solutions. I am not sure if the Harvest Group is under new ownership. This is not what MSA states. They state they are a collection agency when you call.

'What is late?' - The account continues to report late. Has been reporting this way for several years.

Re: Time barred....from another board the theory is that in CA if a debt is time barred then the collection agency can't sue or attempt to collect after this. Since credit reporting is considered a collection activity they shouldn't report after this period either.

I haven't disputed as I was asking what was the best strategy before moving forward.

if a debt is time barred then the collection agency can't sue or attempt to collect after this. Since credit reporting is considered a collection activity they shouldn't report after this period either.
ljones4521
================
Interesting point
any comments anyone?
THE END ** *** ** LB 59
"""""""""```~~~```'"""""""""

1*The automobile was totalled and the insurance company paid off this loan.
2*Also, isn't it illegal for a CA to report under a different name?
3*Also, the DLA was 01/98 so....this is a time barred account and under CA law. 4*Should I also use this angle?
ljones4521
}}}}}}}}}}}}}}{{{{{{{{{{{{{{{{
1*How can it be past due when it's paid off?
2*It is
3*how would the sol apply to a paid off account any way?
4*Why not?
THE END ** *** ** LB 59
Shakey went to a psychiatrist. "Doc," he said, "I've got trouble.
Every time I get into bed, I think there's somebody under it.
Then, when I get under the bed, I think there's somebody on
top of it. Doc, you've gotta help me, I'm going crazy!"

"Just put yourself in my hands for two years," said the
psychiatrist. "Come to me three times a week, and I'll
cure your fears."

"How much do you charge?"

"My fee is per visit."

"That's awfully expensive, Doc," reckoned Shakey. "Let
me sleep on it, and I'll get back to you."

Six months later, the doctor and Shakey crossed paths.

"Why didn't you ever come to see me again?" asked the
psychiatrist.

"For a visit? Heck, a bartender cured me for !"

"How do you figure?" asked the psychiatrist.

"He told me to cut the legs off the bed!"
"""""""""```~~~```'"""""""""

Originally posted by lbrown59
1*The automobile was totalled and the insurance company paid off this loan.
2*Also, isn't it illegal for a CA to report under a different name?
3*Also, the DLA was 01/98 so....this is a time barred account and under CA law. 4*Should I also use this angle?
ljones4521
}}}}}}}}}}}}}}{{{{{{{{{{{{{{{{
1*How can it be past due when it's paid off?
2*It is
3*how would the sol apply to a paid off account any way?
4*Why not?
THE END ** *** ** LB 59
Shakey went to a psychiatrist. "Doc," he said, "I've got trouble.
Every time I get into bed, I think there's somebody under it.
Then, when I get under the bed, I think there's somebody on
top of it. Doc, you've gotta help me, I'm going crazy!"

"Just put yourself in my hands for two years," said the
psychiatrist. "Come to me three times a week, and I'll
cure your fears."

"How much do you charge?"

"My fee is per visit."

"That's awfully expensive, Doc," reckoned Shakey. "Let
me sleep on it, and I'll get back to you."

Six months later, the doctor and Shakey crossed paths.

"Why didn't you ever come to see me again?" asked the
psychiatrist.

"For a visit? Heck, a bartender cured me for !"

"How do you figure?" asked the psychiatrist.

"He told me to cut the legs off the bed!"
"""""""""```~~~```'"""""""""

Alright, alright....I think I get it....cut thier legs off! LOL.

OK.....seriously. I sent a validation letter but didn't know what else to include. I will wait to see if they validate and then present them with the time barred stuff in California.

Question: Is is it a violation for each month they report beyond the collection period in California?

Thanks

Reporting is not the same as collecting. If they're only reporting, not trying to collect from you, I don't see how this is considered collection activity. They are legally allowed to report a debt for seven years. In many states, the SOL is less. That has nothing to do with collecting.

In fact, it's not illegal for them to attempt to collect a debt after the SOL. If you pay, it's your problem. If they sue you, you can use the SOL as a defense, but you must bring it up. The only time it's illegal for them to attempt to collect is after you send them a validation letter but before they send you the validation; or if you have sent them a cease and desist letter. If you send the cease and desist, they can still sue you, so make sure it's past the SOL before you ever do this.

Originally posted by Hedwig
Reporting is not the same as collecting. If they're only reporting, not trying to collect from you, I don't see how this is considered collection activity. They are legally allowed to report a debt for seven years. In many states, the SOL is less. That has nothing to do with collecting.

In fact, it's not illegal for them to attempt to collect a debt after the SOL. If you pay, it's your problem. If they sue you, you can use the SOL as a defense, but you must bring it up. The only time it's illegal for them to attempt to collect is after you send them a validation letter but before they send you the validation; or if you have sent them a cease and desist letter. If you send the cease and desist, they can still sue you, so make sure it's past the SOL before you ever do this.

Hi Hedwig:

Actually, if I am not mistaken there is a case where the judge determined that reporting is a collection activity. In the state of California is illiegal to attempt to collect on a time barred debt.....so......by them reporting beyond the SOL they are in fact attempting to collect.