northland offered me a settlement for 1/2 of amount owed. They state that once the account is paid they will consider this account paid and will than issue a release letter stating that the account is settled. They gave me till the July 7 th to pay. My husband wants me to just pay but I told him that he should send the CA a counter offer to pay with a deletion of tradeline. He is afraid that if we dont accept their offer they may change their mind and try to granish his wages. We are talking about ony $325.00(half of 752). Any suggestions? Jess
Please tell your husband they won't sue, Did you validate this debt with them? Is this your first letter from them? Please don't do a thing, there is a ton of things you should do before you pay one red cent. Do you owe this debt? Do you know what it is for?
IT'S A VAILD DEBT FROM 10/94. IT WAS IN BK13 ON 11/96 BUT THEN DISMISSED IN 08/98. NO I HAVE NOT VALIDATED, CAN YOU BELEIVE I WAS JUST ABOUT TO SEND A DISPUTE TO THE CRA'S TOMARROW. JESS
Wait, 94??? Um thats way way past the SOL, they can't touch you. Don't pay jack that debt is no longer even collectible. Tell them to take a hike, is this on your credit reports? Dispute it.
Dear Jess, Stick to your guns dear. DEMAND a deletion in exchange for pmt. Be prepared for the CA to refuse and say if you don't agree the deal is off. Don't forget that the debt is not even worth 10% at this point because of age. Be patient and persistant. What is the SOL in your state?
KIYI, YES, I PULLED ALL REPORTS FROM ALL THREE CRA'S. THEY ARE SHOWING UP UNDER THE NAME OF A NEW CA- ONE THAT PURCHASED MY ACCOUNT. BUT THE DATES ARE NOTED AS IN 5/00. IT WAS ORGINALLY AN MWARDS CC. BUT EVEN THOUGH BK13 WAS DISMISSED IN 08/98 THE SOL STAYS THE SAME, RIGHT? DAVE MENTIONED THAT THE SOL IS FROM DATE I TOOK ACTION WHICH THIS CASE IS 11/96 BK13 DATE. THAT WOULD MEAN THAT IT DOES NOT MEET SOL TILL 11/03(7YRS). BUTCH, I'M IN TEXAS, I BELIEVE SOL IS 7 YEARS. ADVISE JESS
7 years to delete the tradeline. SOL is 4 years in TX! tell them to take a hike! Oh and send them a validation letter. Tell your husband to use the money to go out for a nice weekend together
SO IN TEXAS THE SOL IS 4YEARS TO COLLECT A DEBT? WHEN I SEND A VALIDATION LETTER HOW DO ARGUE IT? JESS
First, try for the deletion. You'll never know until you ask... Then, if the refuse, kindly tell them that you decline to pay for this at this time, because you have reason to believe it isn't yours and HANG UP!!! 1) Write the letter. Use the standard validation letter in the sample letter section and change it just a little so that it doesn't look so "formish". Make it short and sweet. 2) Give em thirty days? Have the noted the item in dispute with the CRAs? VIOLATION 1 2) Wait for validation. Do they fully validate? Heck no. MWards went out of business, didn't it? And even if the business is still in business, they will never be able to properly validate anyway. 3) Send letter 2. Also found in sample section. State that they haven't properly validated this debt. Try to get them on another violation. They break the law left and right. All you have to do is read the FDCPA, look for a violation, and 9 times out of ten, the CA has done it. 3) Dispute with the CRA then. See what comes of it with that. Does it come off? No... Start piling all your evidence together, send an estoppel. Then an intent to sue. Tell them that you'll fry them for their violations if they don't delete this account that they can't even verify. Some people will settle at this point. Some just sue. It just depends on what road you want to take and how far you want to go.
I agree with the validation route, but I disagree about calling the CA. I don't think you should ever talk to these people, if you can at all help it. You may say something you'll regret later. I would send the validation letter, and in a couple of weeks, still try to dispute off your CR. About the reaging of the debt though, someone else needs to address this. I don't understand how they can legally do that. Good luck!
You have a copy of your credit report which shows 94?? I strongly suggest you simply send a validation letter. TX is 4 years, that is correct so no need to worry (I'm in TX). I wouldn't call...that'll mess you up. Keep it all in writing. Do not give them info, use a validation here, they have to prove, not you.
Dear Jess, Reageing an account is illegal. It is meant as a vindictive punishment and is designed to leave a negative remark on your file for longer than the federally mandated 7 years.
Jess you have asked this question and it has been answered on AT LEAST 2 other threads. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=196200#post196200 and http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=197847#post197847 Those are of course pointers to the question, you will have to scroll through the thread for the answer. Will you NOT believe the answers? If you will not, why do you keep asking the question? -Peace, Dave
Just so there is no confusion this time. The answer is no. They can not re-age the account, extend the SOL, or begin the SOL period over, for selling the account to a 3rd party to collect on the account (CA)...nor does the selling of the account from 1 CA to another CA, allow them to reage the account, extend the SOL, or begin the SOL period over again. So we are clear, that would be no, they can not re-age the account. -Peace, Dave
No Jessy they can't. There ARE certain circumstances whereby an account's DLA (date of last activity) can cause the 7 year obsolescence period to restart, but you have not broached that circumstance. Contrary to some opinions on CN there are some circumstances that can restart the SOL. That's not to say that Dave isn't right because he is. But merely transferring or selling a debt to another CA is NOT one of them. Hope that clarfies.
I live in TX and everything said here is true. SOl is 4 years, they will attempt collection in court, they can not do business in TX without a surety bond on file in TX, they are violating bancrupcy laws, and the FCRA by attempting to collect a debt over 8 years old and reaging account. You have multiple violations. Send validation, C&D, estoppel. Shoot, tell your husband they owe him about 5K right now.
