Can someone help me come up with a good letter for them, they wont let me dispute anymore without additional proof there are things on my report that they claim to have validated the others have removed. Also I have a repo listed from the orginal creditor and the bank that bought them out on my report so it looks like there are two repos, I sent the validation letters but they sent me back a nasty letter and I am afaid to mess with it until the sol is up in a few months.
Call Experian and tell them that these are duplicate accounts and 1 must be deleted. Who did you send the validation letter to and what did they say?
I sent it to wells fargo. It said I am in receipt of your letter of dispute regarding you bad debt with our company, your former Flagship account is now owned by our company. I mailed a copy of your orginal contract to Central Credit yesterday { this is dated 10/01} when it arrives at their office they will forward it to you,Once you receive the copy of your contract your debt will be fully validated. When I mailed them the copy I informed them that we no longer needed them to provide collection services regarding your debt. Your behavior has caused me to conclude that you are refusing to pay voluntarily, therefore I have referred this to our Lawsuit Referral dept. were they are making arrangements to proceed against you in court. if you contact our office immdeiately and make voluntary arrangements to pay we may be interested in stopping legal action against you.
So, am I to assume they never did mail a copy to you? Also, making threats of legal action in order to force payment is a violation of the FDCPA. How old is this debt? Is it past the sol for your state?
No they have never sent anything. The repo was 2/98 sol is 4 years thats why I was afraid to push it to much . the sol will be up in a few months
The threat was probably just a last gasp effort to try and collect. I would wait quietly until the sol is up. Then you can send a copy of your validation and copy of the certified mail receipt to the cra and ask for deletion. Also, at that point, you can then send a threatening letter back to wells fargo advising them that they violated the FDCPA by threatening legal action and then not following through. You can advise them you will not pursue any legal action against them if they remove any and all derogs from your report. But wait til the sol has run.
LHK, received another letter today from a different ca. called Creditors Financial, well send them the validation letter or should I wait I dont think wf can validate I still have not received anything from them but they are still verifing on my reports what should i do at this point besides sending the new ca a validation letter? Thanks for all your help ps they say they are working for wf
It is not a violation of the FDCPA to threaten to sue if the creditor follows through with the threat. Wells Fargo also probably can build a case that the FDCPA doesn't apply to it since it is not a third-party collector. It's unlikely, though possible, they'll file suit before the SOL is up. If they do not sue before the SOL is up but sue later, you must enter an affirmative defense -- namely, that the SOL is up. This might be enough to prevent them from getting a judgment. Even so, you have to enter the defense. The economy is in the tank. Banks are taking big hits, so collection tactics from both original creditors and CA's will be particularly tough. Even if the CRA has said it will ignore any additional correspondence from you, it might be a good idea to re-dispute the account as a duplicate. Send a polite, reasonable, nonthreatening letter saying one of the entries has to be removed because it is a duplicate. If you have the means, consult with a lawyer. Find out how much it will cost you to have him/her send a letter that cites the law pertaining to duplicates and demanding the deletion. Sorry I can't be of more help. Good luck
Yes. Definitely send them a validation. If you got the letter today, I would wait until Dec. 30th and then send it. My reasoning for this is that the sol is up in Feb. That means you have 1 1/2 months to go. If you send the validation within 30 days of receiving their initial letter, they cannot continue efforts to collect until they have validated it. If you wait until the end of the month, you only have a few weeks to go until the statute runs and it will probably take them a little bit of time to validate. Just try to drag it out for a little while to eat up time.
Thanks LKH, I will wait until then, it went late 12/97 was repo 2/98, What is the difference from a ca and a ca working for the creditor, the first ca they sent it to backed off after I sent the validation letter and then WF said they would handle it themselves.
What do you mean by "it went late 12/97"? Also, you say it was repoed in 2/98. When did you make your last payment? The date of last activity for purposes of statute of limitations starts at the time you became delinquent and never paid again.
11/97 was my last payment it was repo in 2/98 they have on my credit report 30 days 12/97 repo as of 2/98 3/98 4/98
If they are saying you were 30 days late in 12/97 and never made another payment, then the sol would be up 12/01. If you were 30days late in 12/97 that means you made your last payment approx. 11/97. The sol would start 30 days after the last payment you made. So, the sol should expire this month, or next at the latest.
Cool but what about that 180 day thing people talk about?And it is confusing because my credit report says repo 2/98 3/98 4/98
