Normally I would argue with Lbrown about the validaiton period being expired because they have been "collecting" for "years" as the poster suggested. BUT, this is an interesting case. If the courts have ruled the collection agency MERELY NEEDS TO SEND the validation rights notice, and the COURT ASSUMES it is received "shorty there after" as in the Mahon case.... Doesnt that fact that the collection agency has reported "cant find", take away this arguement???? In my mind, the effective validation period probably HAD ALREADY expired long ago. BUT FOR THEIR OWN COMMENT ABOUT NOT BEING ABLE TO LOCATE the consumer, the collection agency RE-SET the validation period themselves LOL The new 30 days starts from 04/13/04... READ THE NOTICE CAREFULLY. BECAUSE THIS IS the new INITIAL communication, they are required to include the validation rights notice contained in FDCPA 809. NOT JUST "this is an attempt to collect the debt" I can almost assure they did not, and they will probably continue to send collection notices after receipt of the validation request from the consumer WOW>..I agreed with Lbrown! LOL This is cool.. Yes, validation
So until they find me the sol comes to a stand still? So how can I determine what the SOL is? Please know that this company bought this debt AFTER it was charged off. So that means any OC or CA that wants to stop the sol can just report can not locate consumer and this buys them more time. This is confusing. Please explain
Re: Re: Settlement Offer /Asset Accepta 1*Doesnt that fact that the collection agency has reported "cant find", take away this arguement????In my mind, the effective validation period probably HAD ALREADY expired long ago. BUT FOR THEIR OWN COMMENT ABOUT NOT BEING ABLE TO LOCATE the consumer, the collection agency RE-SET the validation period themselves LOL 2*Normally I would argue with Lbrown about the validaiton period being expired Hiding 90. ```````````````'''''''''''''````````````````````````` 1*Good catch H-90 2*You can't argue with me when you agree with me : You just don't know it yet! LOL. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
Re: Re: Settlement Offer /Asset Accepta So let me ask you this I have another cc which was charged off by Direct Merchants and purchased by Portfolio Recovery. Account was opened 05/98 =Date of last of activity is 07/98 so SOL would be 01/99 (sol four years) No payments made before account was charged off. However stupidly I made a 50.00 payment to PRA I believe sometime in 99 or 2000. On my cr PRA shows dola a s 05/98 and was first reported by them in 2000. Does this affect the sol? Has anyone had dealings with PRA?
Re: Re: Settlement Offer /Asset Acceptance sending the validation letter forces them to provide documentation the the debt is mine right and they have to report this as being disputed right. Should I contact the CRA too?
Re: Re: Settlement Offer /Asset Acceptance you should first dispute this acct with the CRA b4 you pursue the furnisher you may get lucky and get a deletion.
Re: Re: Settlement Offer /Asset Acceptance Every time I've seen an AA trade line, it's almost always marked that they're unable to locate the consumer, even for consumers who haven't moved in more than 20 years. It seems that that notation is their standard initial posting.
Re: Re: Settlement Offer /Asset Acceptance 1*sending the validation letter forces them to provide documentation the the debt is mine right 2*they have to report this as being disputed right. 3*Should I contact the CRA too? terrinel ============= 1*They have to prove it to collect it. 2*$1000 if they don't. 3*afterCA signs the GC ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
