***I am missing SOME of my credit card statements and currently need them*** I searched for an answer using the search function, but couldn't find any threads that directly related to my question. I am in default with a number of different credit card companies. My accounts have been turned over to several collection agencies. I have also had a judgment rendered against me for one of the accounts. I mailed a written request to each credit card company on 12/10/10 asking for copies of the missing statements. So far, I have heard nothing. Has anyone in a similar situation been successful at obtaining their past statements? How did you do so?
This may be a stupid question....but why do you need your old credit card statements? It has been my experience that getting a OC to give you just about anything once you have defaulted is basically like tyring to get blood from a stone.....
Have you made the request from the CA's ? You need to send a validation letter to whichever CA has the cc accounts, and send it certified return receipt. According to the FDCPA which governs CA's, they are required to give information to the consumer when asked. If they don't it's basically their word against yours. Your not stating that it isn't yours, you are just asking for statements to verify the balance owed. If they can't provide this information, and most CA's can't, then they need to remove it from the report.
There is nothing in the FDCPA which says they have to provide copies of statements. They have to provide information from the OC as to the amount, account number, name and address and a that's about it. If you are in court and asking for proof, you would do this in the discovery phase. But barring that I doubt that you'll get copies. And even in court, if there's what the judge deems to be "enough evidence" then you still may not get the copies. That's why I always keep copies of my statement for at least several years. Now you can get a scanner and scan them or download from the creditor's web site every month. Keep those files--don't delete them after a period of time.
Hedwig nailed it. To reiterate, there is no law that compels an OC or CA to provide copies of account statements (unless you're going to court and getting into discovery). Regarding the validation letter, those are only binding if sent within 30 days of the CA's initial contact. If you have only heard from the CA for the first time within the last 30 days then by all means send a DV ASAP via CMRR, but otherwise they are at best a shot in the dark.
