Is this validation? I don't think so.

Discussion in 'Credit Talk' started by JimG, Apr 16, 2007.

  1. JimG

    JimG Well-Known Member

    So I asked a CA for validation of a delinquent cc and they sent me a bunch of old account statements, none of which bore my signature.

    Anyone out there know how best to respond?

    I'm thinking of pretending I never got it and telling the CRA that "I asked for validation and got nothing. Please remove."

    Thanks in advance,
    SG
     
  2. BellaRuss

    BellaRuss Well-Known Member

    Send DV number 2. Acknowledge receipt of the attempted validation, giving them another 15 days, and if they don't provide legal validation of the debt, require them to delete the TL.

    You can also strengthen your DV with a mention of your states' License and Bonding laws for collection agencies. Here is a link to your states agency licensing laws:

    http://whychat.5u.com/States/states.html
     
  3. collectman

    collectman Well-Known Member

    I wouln't take the SOL on that page to be correct in all states. Kansas is being reported in correctly, as is New Jersey.
     
  4. ontrack

    ontrack Well-Known Member

    Is it your position that this is not your account, or that it is your account but they have not accounted for what they claim is owed?


    Even though copies of old statements may not resolve all disputes, they may be sufficient for you to determine whether you are dealing with an account that is yours, or not. If it is not yours, but is being reported under your name and SSN, file police reports for id theft, and you can get it off you reports.

    The statement billing addresses and dates would support either that it was being billed to an address you never lived at, or to an address you had lived at, but at a time when you were not living there, as might happen if you had moved, and a later resident applied thru CC offers sent to that address in your name.
     
  5. BellaRuss

    BellaRuss Well-Known Member

    Not sure what you are saying. That Why Chat page is updated consistently. If you have examples of it not being up to date, let us know. Otherwise, it is as up to date as any page could be. Any questions can be resolved by the user checking his or her SOS web site or other state approved SOL site for that state.

    What do you think Kansas and NJ are supposed to be showing? Do you have information from each states' SOS which contradicts this information?

    Specifics, please.
     
  6. jam237

    jam237 Well-Known Member

    It depends on *WHAT* you asked for as validation.

    But, never ignore receiving even an attempt at validation; otherwise, they'll claim that you created a new agreement based on receiving the documentation, and not disputing it.
     
  7. collectman

    collectman Well-Known Member

    Besides that I have been doing this long enough to know the SOL on that page are incorrect;

    State Oral Written Promissory Open
    New Jersey 6 6 6 6
    Kansas 3 5 5 3

    Examples;
    http://www.cardreport.com/laws/statute-of-limitations.html
    http://www.fair-debt-collection.com/statue-limitations.html
    http://ihatedebt.com/DealingWithYourCreditors/DealingWithDebtCollectors/StatuteofLimitations.php

    Of course your state's website will give the most current/accurate information.
     
  8. phantom

    phantom Well-Known Member

    Isn't RI wrong too? Open accounts are 10, not 3.
     
  9. collectman

    collectman Well-Known Member

    RI is 10 correct.
     
  10. Why Chat

    Why Chat Well-Known Member

    I have explained the reasons for my "SOL" data on each State's individual page. I include not only the correct statutes, but also references to other State statutes on "borrowing" and interpretation of "written" contracts.

    In the case of RI, the error of the claim of a 10 year SOL has been repeated by any and all on line sources copying from each other. I have a clear explanation on the RI page with the correct statutes, just as I have on NJ and each and every one of the State pages.
     
  11. collectman

    collectman Well-Known Member

    I dont understand why a credit card is a contract for sale under UCC. Our attorney's still go by the 10 year SOL for RI.
     
  12. phantom

    phantom Well-Known Member

    Can I ask where you see in the RI statutes that it's 3 years on open accounts? I see 10 years, as you say, on most references and 4 years here: http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml

    Thanks

    Edit: found it
     

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