Hi All... Haven't posted in a while...busy cleaning CRs- only 2 derogs per report to go!!! (CA & OC for same acct.) Sent a VD to the CA & rec'd. the 'validation' : an 'Affadavit of destroyed property' along with a letter saying 'please call us to resolve this matter.' The affadavit states that the original contract from the OC was destroyed or lost & this sworn statement from the OC's employee & computer records is supposed to be proof that it's my acct. Both the OC & CA have validated with the CRA's The Debt will be SOL 8/04 & removed from my CR's 8/05 I think I'm going to send a copy of whychat's SOL letter to the CA & work on theCRA's Any other suggestions??
I wonder if you fill out an affadavit of "Not Mine" and that any original documentation you might have had is gone, so your Affadavit is a dispute of their affadavit. I'm not an expert, NOOB definitely, but I don't think their "affadavit" constitutes VALIDATION. I'd check with Butch on this one...
That's what I think too.....Kind of a 'john smith says that you owe & it's been notarized'- it must be true I think it's a scare tactic- 'official' court documents Thanks for the input S23
The affidavit is a lot of BS. Also check your state laws with regard to credit reporting. If they no longer have real proof of your obligation they are posting false and misleading info to your credit profile and there would be penalties. In my state what they just did to you is a consumer protection law violation and the fine can be up to $5,000 plus other penalties for wilful neglect, etc.
Wait until it is 100% in the SOL before sending the C&D. If you do the C&D even a day or so early, there is always the chance that they actually have the papers ready to go to the court, or in the case of magistrate or small claims court, the paperwork could be simple enough that it'ld only take a few minutes for them to complete them.
After you do the C&D, you shouldn't *HAVE* to work on the CRA's... Keep watching in a few days... To see a detailed explaination of why...
