An Orchard Bank acct that I had was sent to Household. They in turn sold it to RJM Acq. The have an open date of 1/98. I was 17 at the time. The account was actually opened in late 98 when I turned 18 but they don't show this in their records. I sent RJM a copy of my birth certificate showing my age. They responded with a letter saying even though the account was opened before I was 18 I paid last in 2000 so I'm liable. I responded with a validation letter. Yesterday I got a letter from them stating the same thing saying the acct was opened in 1998 and they included a copy of a letter from Household to them saying the account was sold to RJM. They've sent no proof of debt, yet in their second letter they state that I owe money and to pay with the enclosed envelope. Do I have them on the hook for violating the FDCPA for not validating but still attempting to collect? Or should I go after them for an account that was "established" before I was 18? Does anyone know where the laws are that show the "under 18" law info I need to send to them in a letter? Help would be appreciated. They added this acct to my Experian report after I disputed it. Thanks. LB
i am having a problem with this same company i have sent out a validation letter to them and in return all i got was another bill. cant get them to delete their company from my creedit report
Jeff - Actually that is good for you. They violated the FDCPA by not ceasing collection activity after receiving your validation. They most likely didn't post an "in dispute" notice on the acct with the cra's. So you've already got them on 2 violations. Send the estoppel or an intent to sue at 30 days.
