Thanks to all credit guru!!

Are they still within SOL?

Dancer

 

SOL = Statute of limitations. It's the amount of time a creditor has before they are no longer allowed to sue you for a debt. Each state has it's own SOL.
One thing though, if you have moved since you incurred the debt, the collector can use either state to sue you in, and they usually use the state with the longer SOL.
Here's a link to a site that can tell you what your states SOL is.

http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml

 

akm,

For fully paid items, there's little leverage for you. I.E. The creditor/collector got their money from you and they don't want to deal with you anymore. However, doc did write up a great letter called the "litigious nutcase" letter. Basically (from what I can recall of the letter don't have it in front of me) it says you're an old paid-up customer but you're demanding validation of the late pays and if you don't receive it you'll sue.

As far as collection items goes, $200-$300 per collection account is not high at all. Even if you're within the SOL time frame, it's unlikely the collectors would sue you over it (they could, however it'd doubtful) You could start with one at a time ( to see how the CA reacts ), and send a valdiation letter. Now, if they do not place the account on your report(s) as "in dispute" or something similar to that, that's 1 violation. In the meantime, (after you get the signed green card back) you could dispute the account through the CRA and if the CA verifies with the CRA before they provide you with validation (that is, validate proof that this is your account and you owe the money) that's ANOTHER violation. So far you're at potentially $2000 in damages. Allow the CA 30 days to respond. If they don't or if they say they'll try to get "the documention you requested" but never do, send the estoppel letter. Basically, you want to create a paper trail of violations on their part, that way, what they'll owe you in a suit will be so much more than what the debt is they'll want to just close your file and wipe out the debt.

 

akm,

You're welcome.

As far as AU accounts go, you have a couple of options.

1. You could contact the CRA and tell them it's simply not your account, you never requested to be an AU, please remove. (I recommend this first)

2. You may be able to contact the original creditor and advise them you never requested to be an AU on this account, never used the card, heck, you never even got a card!... and you want them to remove the tradeline from your reports. However, as I said above, I suggest contacting the CRA and telling them you never authorized anyone to make you an AU on their account, you never used the account, so please delete. Contacting the OC could get tricky because you don't want any flags going up with the person who made you an AU in the first place.

 

akm,

Here's the validation letter I've used:

Bad Collection Company
123 We don't Validate St.
Unlawfultown, my state 11111

Jan 1, 2002

RE: Acct. #

Dear Sir or Madam:

Thank you for your recent inquiry. This is a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form.

Be advised that I am not requesting a â??verificationâ? that you have my mailing address, I am requesting a â??validationâ?; that is, competent evidence that I have some contractual obligation to pay you.

Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tactic agreement to compensate me for costs and attorney fees.


Sincerely,

mindcrime






Enclosure

__________________________________________________


CREDITOR DISCLOSURE STATEMENT

Name and Address of Collector (assignee): _________________________

Name and Address of Debtor: ____________________________________

Account Number(s): ____________________________________________

What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms.

Has any creditor or assignee regarding this account made any insurance claims? YES/NO

Has the purported balance of this account been used in any tax deduction claim? YES/NO

Please attach a copy of the agreement with your client that grants you the authority to collect on this alleged debt.

Please list the particular products or services sold by the collector to the debtor and the dollar amount of each:

Please provide the name and address of the bonding agent for your company, in the event legal action against your company becomes necessary.

Provide copy of agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor.

Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action.


________________________________ ___/___/___
Authorized signature for Collector Date


Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts.



Good luck!