Need Help Quick Doc Help!!!!

Discussion in 'Credit Talk' started by BiJu, May 29, 2002.

  1. BiJu

    BiJu Member

    OK a CA called white wing finacial pulled a CR on me on may 25 and called me today may 29 saying i owe them 3100.00 from a circuit city account opened in 92 bayed on for 2years and charged off in late 94 last activity was 94 sol has expired Florida 5 years well they say im responsible for the account but i never had an account with them come to find out they say my ex-wife opened it using my name and social and making her self authoized user i told them to send me a copy of the contract with my sig on it they told me they counld'nt the dont have one any ways the owner is calling me back in 30 mins i just want them to remove the inquire which droped my fico score and allso to leave me the hell alone i would like to scare the shit out of him on phone first and if it dont work on the phone at least get a few violations and then i will start doing all the letters validation ect ect just give me some scary firepower shit to use against them on the phone when they called back... they all ready admitted they have no contract nor can they get one all so the my now ex-wife then wife was the one who opened account and says im responsible since we were married...... I just want them to get the hard inquirey off and to leave me alone
     
  2. BiJu

    BiJu Member

    BUMP PLZ ANYONE HELP
     
  3. uniondiva

    uniondiva Well-Known Member

    don't talk to them on the phone. Send out validation letters asap. you will never get violations on the phone anyway. In you letter you can add some statements about identity fraud. it doesn't count unless you put it in writing!
     
  4. PsychDoc

    PsychDoc Well-Known Member

    Sorry, BiJu, I've got zero knowledge regarding dealing with unpaid chargeoffs. I'll defer to uniondiva and others who can guide you expertly. That said, your biggest firepower is just what uniondiva suggests: refuse to talk to them on the phone -- just hang up. You might consider sending a letter in which you demand that they never telephone you again; this is considered a lawful variant of the "cease and desist" letter. Good luck!

    Doc :(
     
  5. Kiyi

    Kiyi Well-Known Member

    Wait wait wait, read what he wrote, the account can't even be put on his credit report. Its over 7 years old. Secondly, if that is the case the collection activity regarding the account is against the law.

    Am I mistaken or misread that?

    Take everyones advice and don't talk on the phone, always use the written word and always have proof you mailed it and they received it.
     
  6. Erica

    Erica Well-Known Member

    In addition to what Kiyi wrote, Send the CA a C&D letter. You can find a sample in the sample letters forum.
     
  7. LKH

    LKH Well-Known Member

    Attempting to collect on a debt that is past the sol and the 7 years for reporting is not illegal, as long as they don't attempt to report it to the cra's. If they try to sue, you have a valid defense with the sol.
     
  8. Kiyi

    Kiyi Well-Known Member

    Weird it was pass the 7 years and they put an inquiry on his report? thats not illegal? permissible purpose?
     
  9. LKH

    LKH Well-Known Member

    I missed that. duh. Yes, I believe that would be a no-no.
     

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