Hello, I currently have 1 negative tradeline left on each report. The one I'm going to tackle next is Affilated Acceptace Corp. They are reportng as an installment loan, monthly terms. Date of last activity = NA, no original creditor listed and in the comments section it says Collection Account. I'm pretty sure they have violated me in some way and I plan on sending a very strongly worded letter. I sent a dispute to EQ and they verified. I DV'd AAC and they sent a copy of the ach payments as well as the contract. What I'm confused about is this, I'm in Florida, the CA is in MO and the OC is in NC on the contract it states: " Governing Law: This agreement shall be governed and enforced in accordance with the laws of the State of North Carolina. In the event litigation is necessary to enforce any of the terms and conditions the venue for such court action shall exclusively be held in Wake County NC. " Does this mean the SOL of North Carolina applies to this debt? I don't want to look like a fool sending them an SOL letter based on NC law if it doesn't really apply to me.
Has Affiliated Acceptance ever contacted you about this debt?? If not then dispute the CRA entries as "not mine". But DO NOT contact Affiliated yourself.
If it's a consumer debt, the FDCPA requires suit be brought where you live. The trend is for the states to treat SOL as substantive law rather than procedural (which it traditionally was), but that requires the state in which suit is brought to get up to speed on and apply correctly the law of some more or less random other state. They may not want to bother, and then it would be up to the party bothered by that to appeal. So figure on the trial judge wanting to apply his own state's SOL as a procedural matter unless you make the argument that NC's SOL should apply. If NC's SOL favors you, the argument that it would apply is twofold. One, that's what the contract says: NC law applies across the board. Two, if SOLs were to be handled differently than the contract says because they were procedural law, that would create an ambiguity in the contract (which could have been cured by the contract specifying that the SOL of the state of the customer would apply or would not apply), and ambiguities should be resolved in favor of the non-drafting party ... again, that would make NC SOL apply.
yes I've gone through the whole dispute/DV with them. Although they are reporting the account wrong, they have the contract from the OC that has my signiture.
