A CA attempting to extort 2k out of a credit card with a 400 dollar credit limit out of me has been hasseling me for more then a year or two now about an account. To make a long story short, i brought to their attention that this account wasnt on my credit report which they claimed it was. First they told me it was a credit card I owed money on, then when I pointed out it wasnt on my credit report they tried to pass it as somethign that is on my credit report, which is a cell phone bill. I told them they werent trying to collect a phone bill they insisted they were. Aside from a long list of FCDPA violations which includes talking to 3rd parties about my debt with neither my knowdlege or approval, they sent me a letter today after a few months of being silent. it says "here is an affidavit from the orginal creditor" enclosed is a photocopied half torn piece of paper which reads " Some woman in missouri is licenced to sign papers for citibank. Attached is a record of when the aco**** was oopened and how much is trying to be collected. i doesnt give me any history of why a 400 dollar cc is at 1800, which is a number smaller then the CA is tring to collect. in the end it says "further affiant sayeth not". which i dont understand. Basically, my question is what are these affidavits, are they ligitimate validation of debt? The affidavit states missouri, the CC states it's based in delaware, which SOL woudl apply? the account is from 2001 so accourding to delaware the SOL has already expired. Are these affidavit standard practises or has the CA only tried to pull another trick? and how would I go about confirming this information if true? thanks for you help
One step at a time. The fact that a collection account isn't listed on your credit report doesn't mean that it's illegitimate debt. A $400 credit limit credit card could accrue interest above the cc limit while in collections. Validation and verification of debt is covered under federal law (see FDCPA etc. etc.) and "affadavits" are meaningless nonsense. The applicable SOL is your state residence. What's in dispute? The cc or the phone bill? Just a suggestion, stay off the telephone with them.
thanks for your reponse. To answer you questions, they are trying to collect a cc debt. They tried to pass the cc bill as a phone bill that is on my credit report. I was under the belief the applicable sol was to the state in which the contract originted from. The card itself says it's based out of delaware so I was under the impression it would be under delaware sol. I will definately stay of the phone with these guys, they dont seem to be operating legitimately and have either pushed the line or cross it all together when it comes to FDCPA. I would like to know more about what is considered legitimate validation and that proccess so that I can stand up to these guys if they try to con me again. Thanks for your help
Do you have old credit reports from a few years ago? Get your most current *paper* credit reports from the major CRAs to see how this cc debt is listed. Is this the first CA attempting to "collect" the debt? Stay off the telephone with them and gather any records you may have to provide the evidence of FDCPA violations. If this is the first CA attempting to collect the debt, did you dispute it within 30 days of initial contact? You need to review your records.
