Can somebody guide me?

None delete earlier than the others...contrary to individual opinions, when you read enough about each of the 3, they all just about suck at that.

I began by disputing with the CRA's. Validation is for 3rd party collectors (yours all appear to be listings for OC's), and is a more process oriented so you need to be a bit more careful and more informed before doing any validation. So begining with simple disputes is a good idea. Read the FAQ. It contains information about how many disputes to send, sending CRRR, where to find sample letters, and more about disputes. I would begin disputing from oldest to most recent, and 4 or 5 at a time. Start by disputing with the CRA's the listings that are out of SOL.

The Texas SOL is 4 years (I am not certain you are in Texas, but your IP is). So it looks as if most of these are out of, or nearly out of SOL.

Good Luck, and welcome aboard.

-Peace, Dave

 

I would first dispute everything with the CRA's to see how many are deleted. After I would send out validation letters to the rest. If sending validation to the OC exclude all references of FDCPA. In fact in sending validation to the OC you are only really trying to establish you have disputed the account and wait to see if they report it as such with the cra's. If not this is a violation and is worth $1000 in court. Next follow up with the estoppel if you haven't heard back from them. Lastly send the intent to sue stating that you will be seeking penalties for violation and offer them a last ditch effort to settle the matter for deletion. Also a shorter course would be to offer to pay for deletion from the outset. This too may be effective. Hope this helps.

 

Nave,
I am kinda confused about the SOL. I know the SOL is 4 years for TX but, an item can stay on your report for 7years.....so, what is the point of the SOL.???????????? The only thing is that they can not sue you..what else??????//

I have disputed items as being outdated. Does outdated mean past the 7 year mark or past the SOL?? (I am in Texas.)


Can you elaborate just a little bit more??

 

When you say "The only thing is that they can not sue you..what else??????" it sounds as if you feel that is not a big thing...I think that is a HUGE thing. That means that no matter what the OC or CA do, they can NOT win a law suit against you for the amount they claim you owe, as long as you raise the SOL as your defense. After the SOL, you are in essense, free and clear of the debt portion of the burden...the burden of carrying bad credit from the item being listed on your report is another thing entirely.

The 7 year reporting period is a limitation on the time you are subject to bear the second burden. That is, the 7 years is a restriction (in the FCRA) placed on the CRA's that says they can ONLY list bad things on your report for a maximum of 7 years (some BKs can be reported 10 and items like student loans and tax liens can be reported forever).

"Outdated" in that sense would mean past the 7 year reporting period.

-Peace, Dave

 

Listen to N/Dave student loans are depressing. Most of my derogs are Student loans and the only way they are going away is to pay them. Which by the way I am in rehab now, only 11 more months to go.

P.s. not to selfish and plug my own thread, but I gotta, please everyone read the thread AU question please read & respond, really need a lot of expert attention on this one.

 

Nave,

What date determines the SOL. Is it four years from the date of last activity?

 

Each state is different. Do a search, you can find TONS of great information.
I found this post from Breeze for you.

-Peace, Dave

 

Nave....It is a big thing not to sound as if I were blowing it off. I just did not understand how it was leverage for me. Especially, if the debt was still listed on my CR (you explained that part ..and I understand that).

Nave.....(scenario)....calling c/a to settle a debt that is past SOL....how should I approach and what is my leverage?? Also, if the debt is past and it is listed on my CR isn't that called collection activity...Is that a violation????


Hope I am not rambling tooooo much.

 

tea,

I love your tags

 

That is exactly the "leverage". For instance "Dear Mr. OC, this alleged debt which you claim I owe you is uncollectable and since it is past the SOL in my state I am judgement proof. However, I would like to settle this amicably. I offer to pay you X dollars for the debt in return for deletion of the item from my reports." (just an example of how the leverage could be used, not a word for word letter)

Be extremely careful when offering to settle a debt that is out of SOL. I have read (not sure about this) that some states laws allow the SOL to re-start from a partial payment. The OC could try and trick you into a law suit if you are not careful. How old is this debt? If it is past the SOL, it may be close to the reporting limit, and you could just "wait it off".

(others will comment and correct me about this I am sure)

Yes it is collection activity. No it is not a violation. The SOL has nothing to do with the amount of time a derogatory item can be listed on your report. MOST can be listed on your report for 7 years.

 

After the SOL, you are in essense, free and clear of the debt portion of the burden...the burden of carrying bad credit from the item being listed on your report is another thing entirely.

The 7 year reporting period is a limitation on the time you are subject to bear the second burden.
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After the SOL has been reached wouldn't the way it's reported have to be changed in order that the requirement to report only complete and accurate information be met?


LB 59