Hi Kristi, Recap: I have a 1995 charge off from GMAC on my reports. After 3 months of requesting validation and being told there is no way to retrieve the info, I sent a final letter and got a phone call today. The person I spoke to said she retrieved my file, and the charge off date should be 1996 (thus buying me another year on my report and she is sending me a copy of an old letter stating the charge off date. She said there is absolutely no way to get the item off any sooner than 11/03. Is this possible? After taking their sweet time answering me,and making me wait three months, she says this constitutes validation,and no matter what I do, I cant say they didnt send me the info I requested. I havent gotten the letter yet of course, but can I demand deletion now since they took so long to get it to me? Can I dispute this old letter somehow? I dont want to think that I have gone to this length to disprove the information (wrong info re multiple 30 day late payments) only to have GMAC win this one. I told her I think it is past the time for this to suffice, but she says as long as she sends it, they are off the hook. I didnt get into a long conversation with her, because I wasnt sure what to do or say. ANy advice on what to do now? thanks for your help..
Re: what has she sent you Just because she claims they have a letter validating the debt means nothing. Tell her to read the FDCPA. She cannot demand payment if the debt isn't due. If the debt is due, the eronious 30 day lates have to be resolved. Constituting a debt means they have absolute proof that you owe it. If you do then tell them you will pay it when the history is accurately reflected and you both agree on a settlement. If they refuse, then just dont work with them anymore. Send a cease and desist and if she contacts you other than to file suit, she is in violation. It's highly unlikely they will sue. A great way to see if they are bluffing is to send a "Notice of claim". This is drawn up on a court document but not filed with the courts. Many collection agencies will assume you intend on suing for violation of the FDCPA and will stop bothering you. Of course, this is just my opinion and not legal advice Good Luck Kristi
Re: what has she sent you Thanks Kristi, I should clarify, this debt was paid in 1994. There is no current balance. GMAC are just being hard asses by refusing to remove it. I got the letter today, and it is basically a copy of a letter from 1995 saying the account would be placed in collections if it wasnt paid, and then a second letter avising me that everything was resolved. I cannot bear the thought of this charge off on my report until 11/2003! Please, please tell me where to get the form you are referring to! Is it available at the courthouse I would use to file suit? Also, do I have a leg to stand on if they cannot produce any signed documents by me? I am sure they were destroyed, all she seesm to have is copies of letters that they sent to me, nothing with my signature on it. thanks ever so much for your help...your advice hasnt failed me yet!
