Anything I can do here? I gave the CA 30 days in my validation letter...(I should have followed up immediately after the 30 days, I know). They did send validation of the debt, but it was 2 months later and they sent it to my old mailing address (my mom's) instead of the address I sent in the validation letter. It also was not certified, so technically, they have no proof of my getting the info. What should be my next step? It's a $7,000+ repo from 2000.
There is no requirement that a CA even respond to a validation request. They only must stop collection activity until they do.
They don't NEED proof that you RECEIVED ANYTHING. They only NEED proof that they've MAILED SOMETHING. In order to protect our rights, WE MUST HAVE PROOF THAT THEY HAVE RECEIVED OUR COMMUNICATIONS. All they need to have proof of is that they've sent something out. They could mail all the communications they want to every address which is listed in your credit file EXCEPT for your current address, and THEY STILL SENT the required notices, regardless of whether you received them or not. -- Now, the first thing you need to find out, is what the SOL is for your state, if its four years, or less you may be outside of the SOL (or will be shortly).
What do you do if you can prove that they received it two months ago. I'm in a similar situation and they just sent me a letter saying they'd cease collection.
I live in Florida - the SOL for written contract is 5 yrs. I did send the first validation request CRRR, but it took them 2 months to repond. I thought this would be a reason to possibly have it deleted since they went well over the 30 days I gave them to respond in the letter.
I live in Florida - the SOL for written contract is 5 yrs. I did send the first validation request CRRR, but it took them 2 months to repond. I thought this would be a reason to possibly have it deleted since they went well over the 30 days I gave them to respond in the letter. Caglehead =============== DID YOU CHECK YOUR STATES REPO LAWS>? Many states have a 2 year SOL on collecting on a deficiency after the repo. NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ************************************************************
I found that in another post somewhere (after I posted this). Someone said FL is 2 yrs....so, basically, if the OC couldnt collect in 2 yrs, then they sold it to Calvary, that means that Calvary can't collect either? If that's the case, should I send them a letter about our SOL deficiency laws on repos and ask them to cease collection activity?
Just thought of something else too...if the CA validated the debt (meaning they have the info now)...can I dispute the OC's info on my credit report since the SOL has run out? If so, what is my reason for dispute? The CA's stuff isn't showing...but I'm trying to keep them from suing me for it - hence the reason for the 2 yr question above as to their collectibility.
Are you sure it was correct and complete validation.? *Did it include a cpoy of the signed contract.? *Very important question
NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ************************************************************
They did send a copy of the signed contract plus a whole envelope full of documents. I think I've read so much on this site, I'm confuzzeled! LOL! If the SOL for a deficiency is 2 yrs - the OC sold it to the CA (dunno when) but it's been about 3 1/2 yrs since last pmt which would mean original SOL has occured - does that mean the CA can't sue me for it, they can only try to collect or does their 2 yrs start over when they buy it from OC?
Re: Re: Validation late & not certified You might but I have my doubts about the boards hang up glitch. NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 --------------------------- You might but I have my doubts about the boards hang up glitch.
Re: Re: Validation late & not certified The reason I inquired about the contract is I'm not sure what they tried to validate. I.E. the original agreement or the Repo.They are 2 seperate matters.
Re: Re: Validation late & not certified It's got a copy of the original contract, the info on the repo, who it was resold to w/the amount & papers on that...it's got about 30 pgs worth of stuff.
Re: Re: Validation late & not certified Regarding the Florida Repo: In Florida, you have the right to show up at the auction with money and redeem your car. When the creditor fails to notify you of the time,date and place of sale, they may lose their rights to a deficiency judgment. That is why you see very few attempts in the florida court system regarding this activity. They know this. Also, FL Case law Barnett Recovery Corp, vs Johanessen, Fl 6th Circuit Court, Case # 95-6952 the Judge ruled that because the vehicle was sold at a DEALERS ONLY AUCTION, the consumer was deprived of FAIR MARKET VALUE. Therefore the amount recieved at auction, constituted payment in full. We have seen this many times. The possiblity exists that a collector is attempting to utilize the US Mail over State lines to collect on a debt that might not exist. You know what that means. Possible RICO violation. Incidentally, FL SOL is (4) years on open end debt.
Re: Re: Validation late & not certified Interesting you mention the DEALERS ONLY auction...I'm wondering if that happened here - Mike Shad (a HUGE dealership in Jacksonville) is the one that ended up buying it. I don't recall if I got a letter or not about with the option to buy it from an auction - should this be in the validation info they sent me if I did?
Re: Re: Validation late & not certified Incidentally, FL SOL is (4) years on open end debt. Regisp =============== But isn't the SOL on a repo deficiency just 2 years? Also isn't it once a car is repoed the original contract is voided or terminated and is no longer in effect.? NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ************************************************************
