Original Letter of validation responded to by C.A. Missing valid and accurate information. States only the name of the original creditor (no mailing address,or contact numbers). No itemization to prove purchases of said credit card. No copies of payments or statements. The account was listed as:Charge Off date: 06/06/89.Last date of payment: 01/24/90. No contract or receipt showing I am the barer of this account. Balance in question is listed along with interest Balance. States account number and date it was first opened. C.A. deemed this as the final letter of validation and demands settlement. Can they ask this after the S.O.L for my state is 6 years ? This account recently showed itself on my credit reports. Causing reprecussions with establishing a new loan /line of credit. The CA in question has yet to validate if they are the purchaser of this debt..etc. Any imput on what I should do at this point?
Charged off in 1989??? Sheesh!! Send the C&D letter, tell them this debt is STALE. and tell them they can waste their time taking you to court if they want to, but you will be there, and they will not win. Keep their letter with the charge off date on it - that will be part of your proof. They don't have a leg to stand on.
They must have re-aged the account to get it back on your credit report. Dispute that entry with the CRA as "out of date - past the 7 year reporting period." And see David Szwak's post on here about a class action lawsuit for this kind of re-aging - he's looking for people, so he can put a stop to this practice.
You crammed a lot of questions into one paragraph. I think you are mixing up collection questions with CRA reporting questions. To answer one of your questions... Yes. A CA can demand payment for a debt that is past the SOL. A CA can demand payment for the rest of your life if you let them. To shut a CA up, exercise your rights under the FDCPA and send a C&D. Then the only nagging they can do is to sue. Which leads us to the second part.... They can even sue you for payment when past SOL. You will have to use the SOL to have their suit dismissed. If you fail to exercise the SOL, then they can win the suit and proceed with wage garnishments and other fun stuff. The SOL has NOTHING to do with the FCRA or the FDCPA. It is part of your state cival code governing contract law.
Thank you Cable666 and Breeze for the speedy responses! Documentations and follow ups are definitely in order. Your suggestions are appreciated.A C&D Letter shall go out soon. !
Is this showing up on your credit reports? If so, what is the date of last activity? The other advice above is good - do the C&D. they will keep trying until they know you know your rights.
Thomas, date of last activity states 06/28/01. No contact from original creditor or current C.A was made during that time to my being , so how can they add an activity? Can an activity simply mean an update of information? My first contact with anyone about this "charged off" account occurred this past July. Did the validation letter and followed with a C&D since they didnt supply full information as required.
Gib, they didnt re-age it. As is per the law they <meaning the C.A>can make comments on a charged off account til doomsday if they want. I was told this by my lawyer. What they cant do is add false information given to them either by the original creditor or a third party.In which case yes I would challenge it. The original premise to this posting was that I sincerely do NOT have enough information to even lay claim that this account is even mine. The C.A was given ONE chance to supply proper documentation and failed. I refuse to deal with an inept company that cant even turn over enough information to confirm this! Even my lawyer said the information sent was "Non Compliance" material in debt validation.
