On January 5th I received a collection letter from an attorney affiliated with a national collection agency in regards to a debt from 1991. First of all, the account has been in collections since 1992 with zero activity occuring since then. They never took me to court and they have not attempted to collect for the last 11 years. So obviously I have the SOL on my side, but still, I don't want this to go on my credit report. The letter gave the usual statement that I had 30 days to dispute and so on. The day after I received it I typed up my dispute/request for validation letter. When I went to input the date the collection letter was dated, it said December 4th! An entire month had gone by before I even received it. I had luckily saved the envelope and saw that it had not been mailed until January 2nd. I noted this in the letter and enclosed a copy of the postmarked envelope. I then sent everything certified along with a green card. Can they claim I waited longer than 30 days to dispute?
Hi, Nothing really matters at this point because its past the 7 years for credit reporting, and I'm sure its past the SOL for collecting it in the first place. Sounds like this attorney is an idiot!! Good luck, Sal
You can Dispute/Validate at any time not just within 30 days. The only thing that the 30 days does is it allows the CA to assume the debt is valid since you did not dispute it. Follow the tried and true steps others have posted here, and you may be able to collect $$ once the CA trips up.
Will they claim that? Most probably yes. Will any judge agree with them? Not as long as you have the envelope with its postmark. Even if you have waited longer than 30 days to dispute, you DO NOT lose your right to dispute. Once you started the dispute, the CA must provide full validation before they can make any more attempts to collect. You should not have alerted the CA that you are wise to their tricks. You should have used it as ammunition in court to sway a judge's opinion, should it ever come to that.
This leads me to ask the main question that has been exasparating me for several years and why I am concerned about this account going on my CR. I have one other account that is also from 1991 and has also been in collections since 1992. Again, I didn't even know it was in collections until 1995 when I pulled my credit report and saw it. It was from a school I attended and I disputed it with the CA because I am certain that the money they say I owe has been paid through student loans that I then repaid to the lender. Anyway, what has happened is that I dispute the account and ask for verification. Even though I send everything certified with a green card, they act like they never got it and keep on sending collection letters and I keep on responding with 2nd & 3rd requests for verification and so on. After the 2nd or 3rd time, they drop it and then it lies dormant for awhile until it goes off to a new CA. However, the account keeps on getting re-aged on my CR to a date within the 7 year time frame and I can never get it off. I don't have documentation to prove when the account was actually opened and to disprove that there has been current activity. And every time it goes to a new CA, the date on the account gets completely reset. How can I stop this from happening? Nadine
The 30 days applies to them not you. You have a lot to learn. Here is a good starting point. *****NEW MEMBER MUST READS***** 12-25-3 What is Validation http://consumers.creditnet.com/stra....php?s=&threadid=42188&highlight= validation *** Victims of Credit Reporting *** http://members.aol.com/victcrdrpt/Score.html Rule of 72 http://consumers.creditnet.com/stra...=&threadid=39313&highlight=rule+AND+of+AND+72 Must SEE--------------------------- http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=350770#post350770 http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=314910#post314910 http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=352826#post352826 """""""""""""""""""""""""""""""""" FixYourOwnCredit! http://consumers.creditnet.com/stra...848&highlight=fix+AND+your+AND+own+AND+credit """"""""""""""""""""""""""""""""""""""""""" '''''''''' `````````` '''''''''' Sample letters http://consumers.creditnet.com/straighttalk/board/index.php?s=WhyChats statute of limitations http://community-2.webtv.net/Y-chat...ity-2.webtv.net/Y-chat/WhyChatsCredit/statute of limitations http://www.edebtnetwork.com/content/collection_laws.asp""""```--~~~~~~~~~--```'""''' THE END ** *** ** LB 59""""```--~~~~~~~~~--```'""'''
The only thing u should have sent them is the validation letter. When it comes to a CA you don't give info you gather.
Re: Re: Dirty Trick by CA Learn your rights and enforce them . You have come to a good place to do that.
They can claim whatever they want, when push comes to shove the debt cannot nbe put on a CRA file since it is way past the 7 year FCRA limit and (probably) there is little the lawyer can except make threats since the debt is also past SOL for suit. So.... if it shows up on your CRA file, sue the CRA for posting a time-barred trade line and sue the CA/Attorney for re-aging. If they sue you first, interposte a defense of time barred by SOL then inerpose counterclaims for any FCRA pr FDCPA violations that may have occurred. Now, who CARES what they claim????
