Okay, after reading so much about Sherman and Alegis reaging debts, I decided to go back through my records. Finally, I have come across an old TU report of mine from 7/2002, back when I first started my credit repair journey. Make a long story short, this account that Sherman is trying to collect on was previously on my TU report in 2002 - however, at that time, there were two entries on my report. They were as follows: Anderson Fin Acct #XXXXXXXXX Updated 10/1998 Placed 11/1996 Balance: $127 Most Owed: $127 Sprint 2nd OSI Acct #XXXXXXXXX Updated 6/2002 Placed 10/2000 Balance: $127 Most Owed: $127 Sprint Communications Company Looking at the notes I jotted down on the report at the time, I'd disputed these as duplicate accounts and TU deleted them both. Never heard or saw account again, until getting letter from Sherman in January. Now what? Would this constitute the CRA reinserting (if account shows up on reports), or does it have to be for the same CA? Also looking at the 11/1996 date that the account was originally placed with Anderson would make it pass the SOL, correct? Now what should my strategy be with Sherman / Alegis?
Someone help me out here, but what I am thinking is this: I respond to Sherman's follow-up letter stating that they have failed to validate and that it is a violation of FDCPA to continue collection activities, including placing a collection account on reports if they have not validated. Hopefully, this will buy me some time (at least another 30 or so days until pulling reports for the mortgage). If, in the event, Sherman still fails to validate and then unlawfully reports the collection to the CRAs, would I then be able to provide the CRA's a copy of this 7/2002 TU report as proof that the account was originally placed in collection by Sprint in 11/1996 -way past SOL? thus justifying deletion by the CRAs?
This sounds like a good plan to me. It is very good that you kept your old records so that you will have the evidence to prove them wrong
pd11604, thanks for the input. Do you also think I should just proceed for now as if I don't have the evidence (old TU report) to back up the date being beyond SOL? Just send validation #2 letter and see how Sherman responds?
Re: Re: Please help! Make your validation letter #2 a request for all information related to the account pertinent to determining whether it is actually yours, past SOL, past reporting, etc. Name on account, Sprint account number, sprint phone number, when opened, date when delinquent, date of last payment, address at which account was opened, copy of last Sprint statement, etc. Include in your letter that your first request for validation was in response to their letter which was their first communication with you, and that therefore their letter is a direct violation of the FDCPA, since it threatens to continue collection by reporting while they are still awaiting validation. You may find yourself having to build a case to sue them for actual damages. You want the paper trail to show that those damages are a result of their negligent or willfull violations of law. They may never actually validate, but only pretend to. Their usual response seems to be "This is all we have to give you" with just the original creditor and amount, yet you know if they correctly report the delinquency date, if this is even your account, nothing should be on your report. They know they are collecting on old debt, so they will probably avoid providing an accurate date of first delinquency.
Re: Re: Please help! See the following: http://www.ripoffreport.com/reports/ripoff89315.htm http://www.ripoffreport.com/reports/ripoff124683.htm http://www.ripoffreport.com/reports/ripoff119092.htm http://www.ripoffreport.com/reports/ripoff108696.htm http://www.ripoffreport.com/reports/ripoff94332.htm
Re: Re: Please help! Do any of the account numbers for the older CA listings tie these tradelines to an account you know is yours? Does any account information from Sherman tie it to any of the old accounts?
Re: Re: Please help! Did you recently have your credit reports pulled by a lender for pre-approval on a mortgage? Do your credit reports show unexpected recent PRM inquiries, from non-credit card issuers, or for companies you did not actually get an offer of credit from?
Re: Re: Please help! If you are preparing to get a mortgage soon, get copies of each of your 3 reports, as well as FICO scores on each. This will help you know what you can expect a lender to see, and if anyone places something on your report later, you can determine what effect that had, to determine damages.
