I got a letter from a CA after disputing with the CRAs - never heard of them. It IS my account. I sent a letter to them and indicated it was part of a BK in 1995 although after going through my paperwork I see that it was in the BK papwerwork but marked as "reaffirm". My question is this: since I acknowledged the account as being in my BK from 1995 when I sent that letter, did I waive my rights to request validation from the CA?? I could still ask for validation based on an incorrect DOLA or the sum being requested, etc. couldn't I? Thank you!!
This is a tricky one but I would say that you havenot waived your right to validation. Simply admitting knowledge of the account in no way diminishes your right to request validation. You can be requesting validation for any number of things: ie to verify true and correct balance of the account. I think you are still within your rights to request validation however, I would check further with others on the board to be sure.
Just because the BK papers have the account marked as "reaffirm", does not mean that you actually reaffirned the account. Did you file any papers with the BK court and the OC that you were reaffirming then account? I'd play dumb and tell them to prove it. If you email me your name and the BK courts name, I have a PACER account and will look up the imformation for you.
I filed papers ONLY with the BK that indicated that I would "redeem/reaffirm" the account. However, that was on the condition that they kept the acct. open, which they not suprisingly did not. I never signed anything with Mobil - in fact, I have a letter from Mobil dated 9/5/1995 indicating they were advised I was filing a BK and the card could no longer be used and to send it back in a postage paid envelope. Seems like that letter itself could be used to prove how old this is and should be deleted. But, perhaps validation is the best way to go and make them prove it. I am surprised this showed up as a collection account on my reports after disputing it considering how old it is. Enigma: I sent email to you about this with additional detail. Any insight is appreciated! Thx....
1*I got a letter from a CA after disputing with the CRAs - never heard of them. I sent a letter to them and indicated it was part of a BK in 1995 . 2* My question is this: since I acknowledged the account as being in my BK from 1995 when I sent that letter, did I waive my rights to request validation from the CA?? couldn't I? Thank you!! -------------------------- 1*You should not have sent the letter you should have demanded validation instead. 2*You did not waive the right to demand validation. So you made a mistake and acknowledged the account it in BK.People make mistakes look at CA s & OCs & CRAs. LB 59
