Hello All, I am really counting on you for advice regarding this matter: I received a letter from a law firm representing Rushmore Recoveries asking me to pay to prevent further action. So I sent a validation letter. The lawyers office has sent me statements from the original creditor. These statements are only showing what I owed, no payment history or anything. Is this valid? What should my response be to this? Can just a statement be considered as validation? Does this mean that they can win in court over this? I am really worried that they will sue me and win!! Please respond and help me write a response. Thanks a bunch!!!! Joe
This stuff can get complicated Joe. There are sometimes no easy answers. Moreover, you'll usually not find anyone to tell you what you need to do next, which is a frequent, understandable question. This atty. may have a pretty good idea of what he's doing, not a frequent occurence. But whether or not this response is "responsive" to your DV is the question. So it depends on what you asked for in your DV. Turn ON your email Joe. : )
Butch, I stopped paying this card in 99. The credit report entries have also fallen off from ALL three agencies. The first letter from the lawyer in April 2005 stated: --------- " Please be adivsed that we are the attorneys for the above. Our client advises that you are indebted to it in the sum stated. Our client further advises that this debt is long past due and owing. Demand is hereby made upon you for payment of this outstanding indebtedness. Should you wish to discuss this matter with a view towards reaching an amicable settlement, please do not hesitate to communicate with this office" --------- I sent the validation letter in response to the above letter asking for 1. Original Creditor Information 2. Copy of original contract with the original creditor. 3. License in NYC 4. How they calculated the amount. The second letter from the attorney/CA simply said: "Enclosed herewith are copies of documentation regarding this matter." Thats all. Please guide me further. Are they supposed to produce a contract between me and the original creditor? How do I find out whether they are licensed by NYC Department of Consumer affairs? What can I do if they decide to sue? I dont want to pay these people as this will further ruin my credit history, which is currently spotless. Thanks for all your generous help!! Joe
Since the second letter claims to have provided documentation, presumably in response to your request for validation, what documentation was provided? Did they provide the name of the original creditor, and did they provide a statement showing the last payment made, as well as an accounting for how they arrived at the amount they are claiming, starting at that statement? What is the SOL for this debt in your state? Based on your information on when this debt first went delinquent, and when your last payment was made, has this debt passed that SOL period?
Yes, they have provided me with 3 months of credit card billing statements from the OC dated 2000. But these statements do not show any payment history from me, there is no usage information. Just late fees and total amount. Also, I stopped paying this card in mid-99. So the SOL has passed in NY, which is 6 yrs. Although, I do not have the records to prove i stopped paying in 99. I dont know if the burden of proof will come on me in the court. There is no accounting of how the CA arrived at this amount. Thanks again!! Joe
Did you have credit reports indicating when the last payment was made? Perhaps showing a charge off date, where the last payment was likely 6 months earlier?
The derogatory line has dropped off from my credit report. I will check my old reports to see if I can find anything. Also, the SOL is calculated from the last payment date or charge-off date? Thanks, Joe
I believe SOL for legal action is calculated from last payment, unless the debt is specifically reacknowledged. It might possibly be affected by, say, leaving the state, which might "toll", or suspend the clock. This would be governed by state law. And no, I am not an attorney.
I just checked here is what i found: Date of Last Activity: 11/1999 Date of Last payment : No Data for this field. Date reported: 10/2001 Can I take the last activity date as the last payment date? Thanks, Joe
You could call the CRA, and ask. It might still be in their system, yet cloaked to comply with NY law, which I've heard only allows 5 years reporting. You probably want to know you are right, before asserting it is past SOL, in case they come up with a statement showing it is not. Unless, of course, they file suit, in which case you want them to prove it. At this point, you think you might be several months past SOL, or maybe you are just on the edge. See if you can get more information, either from the CRA, or from the OC, since it shows you how strong a hand you have, and whether the lawyer may be violating FDCPA if he threatens suit on an out of statute debt. He may be carefully not sending you statements back to last payment, or no complete accounting, to avoid tipping you to this date.
ontrack, The credit report I have is from October 2005. And the record is in there. I can always print that out and take to court. I am sending a letter in response and asking them for ALL the statements while the account was open, contracts, license number etc. Also, in order to collect in NYC, the collection agency must be licensed by the Department of Consumer Affairs. Now, this lawyer is representing the collection agency. Does the collection agency have to provide me with the license in this case or are they exepmt since they are going through collections attorney? Thanks, Joe
I contacted the OC and asked for info. They said that they do not have any more information. They gave me the phone number for the CA the account was sold to. I do not want to call this CA and wake-up sleeping giants. Thanks, Joe
Have you called the CRA and asked what date of first delinquency they are reporting? The TL may be blocked for compliance with NY reporting law, but if it is under 7 years, it is likely still there. Regarding the OC not having the information, if that were true, the CA would not be able to validate. The CA got the statement records from the OC.
