I have received some great help from some friends at CreditBoards.com on this subject but there is wisdom in the counsel of many. In short, I have 13 days left to respond to a demand letter from Alegis Group demanding $2,500 on behalf of Sherman Acquisition who purchased an account from OSI\Gulf State (listed as original creditor on the letter) who was the original CA for a charged off FUSA account. The FUSA account was charged off 10/1997 which according to Floridaâ??s SOL it is uncollectible. I had paid down the account from $7,500 to $700 through FAMS (another CA for OSI\Gulf State). FAMS stated that the account was recalled from them last October but pre-deposited a post-dated check the day before the â??recallâ?. In priority I need: 1. All of OSI\Gulf State\Sherman's entries removed from my mine and my wifeâ??s credit to help improve our scores to ensure qualification of a mortgage within the next 30-60 days. 2. All of FUSA (OC) entries removed from our CR for added points. 3. The Sherman collection efforts to stop. (I am 18 days into the validation letter of their demand) 4. The debt to be wiped to $0 5. A method of collecting $1,000 from FAMS for depositing a post-dated check 15 days before the date on the physical check. What is the best solution? Solution A: Send Why Chat's SOL letter to Sherman and follow-up with the SOL letter to the CRAs. I assume that by sending the SOL letter I would be self validated and could not use the validation as a backup. (Even though from what I have read the SOL method is very successful). Solution B: Send a validation letter to Sherman (CA) and a dispute to the CRA's. Then use the SOL as a backup or as the final nail in the coffin after the credit entries are removed. Thanks again for any advice - 13 days left to validate on the demand letter. TakingItBack !!!
HI, I'm a newbie here .... so my "advice" may not be worth anything .... BUT, if you were to follow A, when you send out a letter about SOL to CRAs, aren't you automatically admitting to CRAs that this entry belongs to you? CRAs don't have to follow SOLs, only FCRA, so if you implicitly admit this entry, it will remain on your reports for 7 years! -- lakpr
That's not necessarily true. WhyChat's reasoning on this: - A debt past the SOL is basically an invalid debt - As an invalid debt, reporting it is inaccurate information - Reporting inaccurate information is a violation of the FCRA and, as such, should be removed. I believe I got that right, if not I'm sure WhyChat will correct me As for the issue of implicitly admitting the debt via an SOL letter, you don't. You NEVER admit the debt is yours ! Your point with the SOL letter is - regardless of whether the debt is mine or not, the SOL has expired and is time-barred. You're disputing it, making NO acknowledgments or admissions.
Re: Re: Gulfstate and Sherman Demand Advice LadynRed, Thanks for clearing that up for me .... makes more sense now. I'm afraid we are getting side tracked from TaknItBack's main question about which course of action is better ... -- lakpr
Re: Re: Gulfstate and Sherman Demand Advice lakpr, Thanks for the redirect back to my dilemma. I appreciate all of the other input as well. Iâ??m a learning sponge. This is great. TaknItBack!!!
Re: Re: Gulfstate and Sherman Demand Advice I would still call the guy I gave you the number for...if you begin talking about the violations they have accrued...they will delete the info...worked for me and some others...just try it. Marine
Re: Re: Gulfstate and Sherman Demand Advice 1*In short, I have 13 days left to respond to a demand letter from Alegis Group 2*OSI\Gulf State (listed as original creditor on the letter) 3*I had paid down the account from $7,500 to $700 through FAMS ( TaknItBack ~~~~~~~~~~~~~ ``````````````````````````` 1*What do you mean 13 days? 2*This is an out right lie as they aren't the OC. 3*W@hy in the world did you pay this CA 6800 bucks that you did not owe and is beyond the SOL? Solution B: The END ************************* LB 59
Re: Re: Gulfstate and Sherman Demand Advice I love it... hit straight, hit hard. Pibb26\Marine, I will probably give him a call tomorrow. Can he take action on behalf of OSI, Gulf State, Sherman and Alegis? Do you think it would be detrimental to mention that the SOL has expired? Or would that show too much of my cards? I have not sent a validation letter nor do I really have a stack of violations or really any that I know of against them other than with FAMS for the pre-deposit of the check. I could imply that there are some I guess. LB 59, 1*What do you mean 13 days? 2*This is an out right lie as they aren't the OC. 3*W@hy in the world did you pay this CA 6800 bucks that you did not owe and is beyond the SOL? 1* Alegis Group (CA for Sherman) sent me an initial demand letter on 1/31/03 with the 30 day window to request validation. 2*A lie it is but is it usable in my pursuit? 3*Young, innocent, honest, and did not know any better. I was just telling a friend tonight that I would have been out of debt with a clean credit report in 1999 if I had known my rights then. I have only been attending the internet school of credit for about a month now. It is true that people parish due to lack of knowledge. Solution B is sounding like a safer plan and leave a back door open via the SOL route. Any suggestions on what flavor of a validation letter to send if I need to? Thanks! Imagine, the cell door has been unlocked this whole time. ) TaknItBack!!!
Hi TaknItBack, I've been following your case with interest. The first thing you should do is send a validation right away, as you're still in your first 30 days. This should freeze their collection activity and hopefully prevent them from reporting. Assuming you have proof that you've paid this $7500, down to $700, ask yourself this question; How did it come about that Alegis is billing me for $2500 on a $700 debt, when they only received it last October. (meaning sufficient time has not expired to accrue interest to equal that amount.) § 807. False or misleading representations [15 USC 1962e] A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. ... the following conduct is a violation of this section: (2) The false representation of -- (A) the character, amount, or legal status of any debt; or (B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. When you send your validation FOCUS on the question above. I would tell them, I want this question answered in extraordinary detail. Recognizing that they "padded" the bill they almost certainly will NOT respond to your validation at all because if they did violate, they'd be babbling idiots to prove it in writing. Keep your SOL argument to yourself for now, unless you can link me to the FL code that states that SOL's are not extended when payments are made. Although I'm not an SOL expert, I'm not so sure that the SOL time isn't "tolled" when activity is created. This is too important, WE HAVE TO BE RIGHT! My assumption is you've gone and looked but let us help you by telling us where that is so we can go read it too. A few states do provide protection in this area. I'm just wondering if FA is one of them. Once you've done this we can work backwards, back to the OC to see what's going on. OK? Edit: Oh - also ask them who they claim is the original creditor. Maybe they'll be dumb enough to say it's OSI. Once you request same in writing they must divulge the name of the OC if different from the current creditor. LOL
Has the letter from Alegis complied PERFECTLY with these 5 requirements?? § 809. Validation of debts [15 USC 1692g] (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
Re: Re: Re: Gulfstate and Sherman Demand Advice Don't let on that you know anything right now. Alerting them that you know the law will dramatically reduce the likelyhood that they'll continue to violate. Play dumb. In fact, let them know that you know anything at all and they will extrapolate that you probably know a lot more than you're letting on. Play double dumb. It's just not time to "wise up" yet. I think we read the same book. Is that the one that also says "there's a time to fight and a time to win!?!?"
TaknItBack | 3 posts since Feb 2003 24.94.102.66 | 02.18.2003 @ 01:23 Thanks again for any advice - 13 days left to validate on the demand letter. TakingItBack !!! ================== I like plan C. Send each one of the CAs a validation letter. When they screw up sue the ones that violated. Get what you want and some cash for your efforts. The END ************************* LB 59
Re: Re: Re: Gulfstate and Sherman Demand Advice No, that's why they go to the parish to gain knowledge. They may perish due to lack of knowledge however. (LOL)
Re: Re: Re: Gulfstate and Sherman Demand Advice In fact, the recent disaster of the space shuttle is a prime example of that. They didn't know the ship was damaged so they perished. Had they known they could possibly have been rescued by the Russians.
Bill, Nice catch and a very impressive use of truth in the correction. ;o) Also, thank you for your â??parishâ? of credit homilies. They have helped my crusades greatly. TakingItBack!!!
