I have an unpaid charge off that I've been able to get successfully deleted from EQ and TU. Now that Kohl's is reporting to EX, however, my mess starts anew. They've assigned the account to RMA. On 9/15, RMA signed for (CMRRR) my request for validation. I've received nothing from RMA regarding my request. Five days ago the Kohl's account pops up on Experian, w/o any notation that the account is in dispute. I've learned on this board so far that the CA has to get the validation information from the OC, so doesn't it stand to reason that Kohl's has broken the law by reporting this within the time frame that I've asked for validation? The account was opened 11/96, date of last activity 10/98, SOL for my state is up next month. Can anyone give me any advise on this, please? What should my next move be? I think I know (ITS?), but I want to be sure.
If Kohl's is reporting it as the OC, then, unfortunately no. They aren't bound by the FDCPA. I would doublecheck though and make sure it is not RMA reporting on behalf of Kohl's. Also might check your state's laws to see if they offer any restrictions on the OC.
Thanks, Jlynn, I appreciate the input! I'm just thinking out loud here . . . the SOL is up next month, I believe. So they can't come after me - judgment-wise - for the balance, right? But now I have to figure out how to get them off my report. RMA can't validate, so that's a bonus. The 30 days has come and gone. Oh, and RMA isn't reporting on any of my reports (knock on wood!), only Kohls on my Experian. I've used lots of the sample letters here on Creditnet w/ great success, tweaking them for each specific instance, but this is my first unpaid account I'm trying to get rid of. Do you have any suggestions for me insofar as what kind of letter I might send to Kohl's to make them GO AWAY?
