I just received my response from the Ca after I sent them a validation letter. On the CA letter head they gave me the amount due, OC, Type of account, charge off- date. They also said they purchased this account. They told me if I wanted to verify this account I should contact the OC. As for the documents they said the documents are no longer available. CAN YOU SAY DELETION!!! What letter should I send next? A 2nd validation letter with the opinion letter?? Or a letter for them to delete because of lack of documents.
That isn't a validation. So they did not validate at all. So what? So much the worse for them That is not your job, that is their job and they are required to do it by law. They failed, they broke the law, now its their problem. Great! CAN YOU SAY DELETION!!![/quote]Well yes, but don't get all that happy yet. There may still be a bit of work to do. Oh good heavens no! Send them the estoppel letter and give them 15 days to respond and if they don't respond within 15 days after their receipt of the estoppel be ready for the next step. Actually it makes no silly difference what they do with estoppel other than throw up their hands and refuse to collect in writing move on with the next step anyway. Deletion isn't your only worry. They can delete and still sue you for the debt. You have to go after both a deletion and a refusal to collect statement from them.
Ok thanks for the advice. This debt was charge-off in 1997 could they still sue? The contract was signed in PA the sol for PA is 4 yrs. But I live in NJ now the sol of NJ is 6 yrs. After the estoppel whats the next step???
I really can't answer that question and be sure. I could only guess. It would depend on NJ law since they would have to sue you in NJ so I would imagine that NJ law would apply and it is 6 years now. I also have heard that NJ is not a very debtor friendly state. You would have to contact me by email to get that info. You can click on the link below.
I'm just answering on the spur of the moment so forgive me if I'm not right on target. If they can't validate they can't keep it on your credit bureau history. If they did sue you and you demanded proof of the debt the judge may make them bring their proof or get the case dismissed. I've seen the rulings go both ways. I've got a sneaky suspicion I'm still not on target for your particular situation but I've got some other problems going on here at the house right now and so I'm just kinda answering you because I happen to have just a bit of spare time.
quote: -------------------------------------------------------------------------------- They also said they purchased this account. -------------------------------------------------------------------------------- So what? So much the worse for them Bill Bauer ================ LOL The END ************************* LB 59
1*This debt was charge-off in 1997 could they still sue? 2*the sol for PA is 4 yrs. But I live in NJ now the sol of NJ is 6 yrs. bigship2 ================== 1*Sure,but what good would it do them.How they gonna prove it in court without any proof? 2* Why worry about that when The SOL on an un provable debt is about 7 seconds? The END ************************* LB 59
they were not able to validate then. pink ===================== NO Proof = NO Debt Sol does not apply on a non debt The END ************************* LB 59
