Got Experian response, need help.

Discussion in 'Credit Talk' started by willtite, Apr 12, 2005.

  1. willtite

    willtite Well-Known Member

    I got some questions. I just got my updated report from and Experian and I'm very confused.

    On the Experian CR where is the date that is the point where the account is closed. For example, I have a Cap One account, it says

    Date opened/Reported since 10-2001/10-2001
    Date of status/Last reported 01-2003/03-2005

    Status Details CO as of 03-2005, 01-2003
    150 days as of 12-2002
    90 days as of 10-2002
    60 days as of 09-2002

    What is the exact date from which the SOL should take effect? When I talked to the guy from Cap 1 collections he told me I never made a payment on the account ever. I asked Experian to verify the debt but there is just a list of dates and balances on the back of my report. And I don't understand that, because if I never paid on the account it should have been closed years ago. But between 4-2004 and 12-2004 the balance on the account goes from $1125 to $1245.

    What's going on with that? If anyone can help it would be much appreciated.
     
  2. jenz123

    jenz123 Well-Known Member

    if you never made a payment the DOLA would be 10/01. and the only way they can continue to accrue interest and fees is to send you an invoice each month which is required per the Fair Credit Billing Act.
     
  3. willtite

    willtite Well-Known Member

    I haven't received anything from them in years. In fact the first time I spoke to someone was in March when I was trying to get a settlement.

    So what should I do now send a DV letter directly to Cap 1? I feel like Cap 1 is giving me the shaft. My account limit was only $500 when I got the card but the Experian report I just received says I have a balance of $1301.

    Under Status Details it says:

    Status: Account charged off/Past due 150 days. $905 written off. $1301 past due as of 03-2005.
    Account history:
    Charge Off as of 03-2005, 01-2003
    150 days as of 12-2002
    90 days as of 10-2002
    60 days as of 09-2002
    30 days as of 08-2002
    Creditor's Statement "Account closed at credit grantor's request."

    This makes no sense to me. Like I wrote earlier the guy I spoke to from the CA said I never made any payments on the account. So for this account to be "closed" but some how the balance is still going up something is wrong.

    I don't know what to do. I need help. Anyone have any ideas?
     
  4. jenz123

    jenz123 Well-Known Member

    i found this letter from www.creditboards.com - i have a letter i use but it is on my disks at work. it is similar to the letter i have used. the point of this is to have them account or everything in regards to your account. apologies to CB for borrowing it.




    To Whom It May Concern:

    This letter is being sent to you in response to a notice sent to me on (Date) or in response to a listing on my credit report (Choose Which Sentence Best Represents Your Situation). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested.

    This is NOT a request for â??verificationâ? or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

    At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureauâ??s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following:

    · Violation of the Fair Credit Reporting Act

    · Violation of the Fair Debt Collection Practices Act

    · Defamation of Character

    If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

    (OPTIONAL CEASE & DESIST) I would also like to request, in writing, that no further telephone contact be made by your offices to my home or to my place of employment. If your offices continue to attempt telephone communication with me it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter.

    It would be advisable that you and your client assure that your records are in order before I am forced to take legal action..

    Best Regards



    Your Name




    CREDITOR/DEBT COLLECTOR DECLARATION

    Please provide all of the following information and submit the appropriate forms and paperwork within 30 days from the date of your receipt of this request for validation.

    Name and Address of Alleged Creditor:______________________________________________________

    Name on File of Alleged Debtor: _____________________________________________________________

    Alleged Account #: _____________________________________________________________

    Address on File for Alleged Debtor: ____________________________________________________________

    Amount of alleged debt: _____________________________________________________________

    Date that this alleged debt became payable: _____________________________________________________

    Date of original charge off or delinquency:___________________________________________________

    Was this debt assigned to debt collector or purchased? ____________________________________________

    Amount paid if debt was purchased: ___________________________________________________________

    Commission for debt collector if collection efforts are successful: ____________________________________

    · Please attach a copy of the agreement with your client that grants (Collection Agency Name) the authority to collect this alleged debt.

    · Please attach a copy of any signed agreement debtor has made with debt collector, or other verifiable proof that debtor has a contractual obligation to pay debt collector.

    · Please attach a copy of any agreement that bears the signature of debtor, wherein he/she agreed to pay creditor.

    · Please attach copies of all statements while this account was open.

    Have any insurance claims been made by any creditor regarding this account? YES NO

    Have any judgments been obtained by any creditor regarding this account? YES NO

    Please provide the name and address of the bonding agent for (Name Of Debt Collector), in case legal action becomes necessary: _____________________________________________________________



    ______________________________
    Authorized Signature For Creditor

    ______________________________
    Date

    You must return this completed form along with copies of all requested information, assignments or other transfer agreements, which would establish your right to collect this alleged debt within 30 days from the date of your receipt of this letter. Your claim cannot and WILL NOT be considered if any portion of this form is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information back.
     
  5. willtite

    willtite Well-Known Member

    Thanks for the help jenz123, I mailed out the letter yesterday. I'll let you know what happens.
     

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