I'm new & have ?s

Discussion in 'Credit Talk' started by fallon, Feb 20, 2004.

  1. fallon

    fallon Member

    Pardon me if too long, but I need advice quickly.

    First, history......Divorce 2000 I took credit card of husband, I opened to transfer debt and decrease interest rate from another credit card I was authorized user on. I handled all bills, check book etc in home with his approval. Credit card co. closed 1st acct in his name after divorce at his request and my approval. I signed new documents to open new acct transferring bal to new card with new #. I did this because I agreed in divorce to do so because he paid my car off before we were married. I wanted to be fair and emotions were high too. I thought if I cooperated, we could work things out.

    OK. I fell behind on bills (BAD) after divorce to say the least. I had two small children to care for and daycare very expensive, vehicle repossessed, couldn't even afford gas to heat the house (I know sob, sob) I made some payments I have proof somewhere in a box. I know I can find it if needed.

    It's been about 1 to 1 1/2 years since I have even talked to anyone regarding this acct.
    (can't remember name of CA at the moment) They kept calling me at work, I did not know I had the right to tell them no. I'm finding out knowledge truly is power. They wanted some unrealistic amt for settlement. I eventually left my job to stay home for my son's sake and partly because I couldn't handle the stress of CA calling me all the time. Besides I was working for less than 1/2 my paycheck after daycare paid & my son's emotional health was not worth it. I married again and we survived. : ) Hooray.

    That brings me to my questons.

    I received collection notice dated 1/16 postmarked 1/19 in OR. Company is located in FL. Couldn't find a listing for them in OR thought that was strange.
    So I received 1/24 I know this because it was my stepdaughter's birthday and I mark all my bills with rec'd date. Shortly thereafter started receiving phone calls, never answered, left messges just first name and call have appl # ready. Going to send partial C & D (now tht I know better), but is it too late to send validation of debt letter to CA who is collecting debt for another CA listed as current creditor (sherman) who "purchased" the debt from credit card OC? I could probaly priority mail cmrrr and get it there in two days, but tomorrow is Saturday so it would be Monday 23rd. How do they know when I received it anyway? It came US Mail, no cmrrr.

    Do I send validation letter if disputing amount? I want to know how they came up with $6000 and what gives them the right to collect in my state since I can't find them on my state website having a license. Still researching this and TN law. If they can't validate debt and I say OK delete, Can they go after ex since new acct opened in my name and old acct closed in his? I don't need him on my case. I finally got rid of him & new wife when he gave up rights to our son. I'm afraid if I let it go and not pay, he'll try to say ID theft because that's the kind of person he has become. Could he even do that since card closed at his request and transfered to me when we divorced? It's all about the money to him. By the way, I did sign his name on application, but I have all kinds of cancelled checks where I signed his name to pay bills, buy groceries etc with his approval even before we were married.

    Are they in violation by listing Sherman as current creditor rather than CA?

    I just started reading postings two weeks or so ago. I don't know how I even found this site or the other site, but glad I did. I have stayed up late 3AM this week reading til my eyes hurt. I will continue to read and learn but need answers so I will know to send letter by priority if needed to get there in time for 30 days.

    Thanks for patience and your responses. I know I have others to deal with to clean up this mess, but I am encouraged. 3 n 1 mid score 543 as of today.
     
  2. jam237

    jam237 Well-Known Member

    It's never too late to send validation... Now, some CAs may try to say that it is to late to request validation after the 30 day window... Thanks to a ninth circuit court ruling. I am sure Butch can direct you to the post where he made his feelings for that decision clear... :)

    But if a new CA is 'hired' guess what, even if the 30 day window was final -- and your rights would be terminated after the 30 day window, the new CA has to offer you the 30 day window for validation.

    The key part is what the statute says happens on the 31st day after you "RECEIVE" the validation notice... Nothing, except the fact that the CA can ASSUME that the debt is valid... And what has everyone always been taught that happens when they ASSUME...

    Also, a CA can not be the OC, in any way, shape, or form... Buying the alleged debt, does not make it their original account... They are still acting as a third-party collector, so your new CA is reporting incorrect information by saying that their client is the OC...
     
  3. fallon

    fallon Member

    .
     
  4. lbrown59

    lbrown59 Well-Known Member

    I have stayed up late 3AM this week reading til my eyes hurt.
    fallon
    ><- <>- ><- <>
    HAVE YOU READ THE FOLLOWING?
    It's The Place To Start !


    *****NEW MEMBER MUST READS*****

    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
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