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Discussion in 'Credit Talk' started by bkshedevil, Jul 1, 2001.
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Does anyone know if you send out a validation letter to a creditor for a dispute of an account that's not yours and they send you copies of billing statements. does that mean it's a valid debt since its just a copy of a bill and not a document bearing my signature
I'd say that a copy of a bill or billing statement is not a proof that you owe the debt. In some cases, where a signed contract between you and the creditor does not exist, it very well might be sufficient proof since no better exists, such as on an open account. But my thinking is that even with an open account such as at a store or a wholesaler, they would have to eventually prove that it was indeed you who opened the account. From there, it would be a simple matter to use nothing more than a billing statement to become a valid debt. I'd tend to think that when you demanded validation of the debt, you would be asking for proof that it was actually you who opened the account absent a contractual obligation. So for purposes of argument, I'd think that you could claim that a billing statement is not valid proof of obligation.
Hope that answers the question.
Thanks for all the help you two. I hope you read this again so that you can anser this for me please...
I have been disputing items left and right for about 3 years now. I am disputing accounts opened up in my name or me being the authorized user back in 95-97. Only thing I would have had back at that time was Educational Loans which are still in deferment since I still attend College.
I have been disputing thru the cra and they keep coming back verified. I have never disputed through the cra that they were fraud accounts just as not mine. I have disputed through the actual creditors and they send me some bills and stating there isn't any documentation bearing my signature is no longer available. I try to tell the creditors that it is fraud and they keep telling me that I waited to long to file fraud on these accounts since it have been 5 years.
What can I do to get these items off my credit report since they aren't mine I never opened them up. I would ride out the seven years since the accounts were opened back up in 95-97 but the write off date is being reported as 00-01.
email me and I'll see what I can figure out. Looks like I need a bit more info anyway to be able to offer some suggestions.
When you filed against TU did you actually file against them or Merchants or both? Merchants has refused to remove negative info from my profile that is totally inaccurate and I getting tired of their nonsense. I think its time to get tough and if it takes a lawsuit so be it.
Since your also from FL I figured you had to deal with Merchants as well. Your response would be greatly appreciated.
I can send you copies of billing statments,so does that mean you owe me the money?