help! Will you guys please take the time to review the following and advise next steps. I will post a brief summary first. I sent a VR in July. They have responded with the following documents: a. Signed contract b. Copy of Title c. Copy of Complaint for Possession of Personal Property and for Damages (doesn't include case no., or signature(s) dated only for 1997)--- a copy of a judgement is not included. Plantiff is Lease Loan Servicing. 1. Credit report has Harvest Group reporting since 8/96 to present. Shows 53 (90) day lates, 8 (60) day lates and 17 (30) day lates. Shows DLA at 01/98. The account reports as open each month...not a charge off even though last payment made was on 03/98 (insurance) 2. Harvest Group assigned this debt to Finova Capital Corp (This is stamped on the contract; but bears no signatures or dates). 2b. Each month the account is reported under Harvest Group and not Capital Corp. If I am not mistaken this is illegal correct? Also, Harvest Group is out of business. 2c. The company that responded to the validation request is MSA Solutions. 2d. The company listed on the above mentioned Complaint is Lease Loan Servicing. 3. They list the name and address of creditor as the Harvest Group. 4. Insurance company forwarded a check for the amount of $9,031.22 -- leaving a balance on the account. Print out of ledger indicates the date of loss for the vehicle was 12-28-97. The last payment by debtor was 12/6/97. Check was forwarded on 03/98. Does this establish the DOLA? 5. I do not see the agreement with client that grants MSA authority to collect the debt as requested in the validation. 6. Copies of all statements while this account was open as requeated in the validation request is not attached. 7. Debtor is in the state of California. SOL is up (4yrs). The report each month. Strategy: Write letter invoking time barred accounts and collection activity in California. Can I sue for 1,000.00 for each month they have reported beyond the SOL? Demand proof they have a right to collec the debt. Demand proof they are indeed the Harvest Group and/or what gives them the right to report under the Harvest Group and use an invalid mailing address. Full accounting Anything more? Thanks in advance.
Response to Valid. PLEASE PLEASE ljones4521 | 127 posts since Dec 2001 172.167.62.200 | 07.31.2003 @ 17:02 bump =============== http://homepages.nildram.co.uk/~blagger/the_duel.html http://www.justsaywow.com/pages/flash/warm_bottle.cfm """""""""```~~~```'"""""""""
2*Can I sue for 1,000.00 for each month they have reported beyond the SOL? ljones4521 ~~~~~~~~~~~~~~~~~~ ````````````````````````````````````````` 2*No ALSO THEY CAN REPORT AFTER SOL IF THE 7 YEAR PERIOD TO REPORT IS NOT UP.
bump Anyone out there? Is there anyone who does phone consultations? I want to respond to this but don't want to take the wrong approach. Thanks
