Seems every time I try to clean up reports something pops up in the mail. Trying to get some answers as to what I can do with this. Got a letter in the mail from Sullivan, Cross & Davis for PNC Bank, Excalibur I,LLC as a successor In interest to PNC Bank (??? Can someone explain that to me) Looked over reports only list PNC bank on one of them. This was to come off 6/2003, figures. Report states Account charged off/ never late $4600. written off. $4330. past due as of 6/97. list as unknown open date, and these dates that I'm not sure what they are 5/96 (last day of activity?) 7/96, and 6/97. THen says charged off as of 6/97, 5/97, 3/97, 12/96, 11/96, 9/96, 8/96, 6/96. I asked my fiance what this was for and he wasn't sure just left it alone because it was to come off next year and now we get this letter from S,C&D. Turns out it was a loan with his ex-wife! Which I did find an old report from 9/00 (different from one listed now) with different account # and says account closed and open date of 10/00 and balance date of 7/94 with $0 balance due. This company says we owe them $9486.00. Letter says, this office will obtain verification of the debt or a copy of a judgement against you and a copy of such verification or judgement will be mailed to you by this office, this office will provide you with the name and address of the original creditor, if different from the current creditor. WHAT?? We never received anything for this in the last 7 years we have together. We never received anything for a judgement either. Can anyone help me understand this and if I should send for validation as noted in the letter or just act like never received this in the mail. HA Any ideas? What can they do if unable to pay? Can they garnish wages for this in DE? Thanks Momof5
Mom of 5, What is your SOL for Delaware? If the SOL is up, they can try collecting and they can try suing you, but they aren't going to get too far. Find how many years Delaware's SOL is. If it is up send them a cease and desist letter. They can still report this to the credit bureau for seven years from the date of first delinquency though. Dani
Thank you Dani, you have been a big help for I'm still learning about this credit report stuff. Ha Ok, checked the sol in DE is 6 years, which means it would make it 6/03 date up. However I don't understand is report says (experian finally up) that it was reported since 5/96, date of status is 7/96, last reported is 6/97, credit limit as N/A Monthly payment as N/A, high balance N/A. But I know for sure that nothing was paid to them since 11/95. I pay all bills and never paid a dime. BUT I did call PNC Bank because I found a paper on this that showed a balance due, PNC said they don't have such account or name of fiance on file for anything, I did do that around 1997. Can they use a phone call as last activity? Also can anybody answer why they have it listed 9 nine times as charged off. I thought that can only be done once. Thanks Again Dani Momof5
Mom of 5, Don't send the cease and desist letter because the account still falls under the SOL for Delaware. This will probably just tick them off. After reading your post is the collection agency reporting this account charged off 9 times?! If you spoke with PNC Bank and they don't have information on your fiance or his account I would probably send a validation letter to the collection agency. If PNC can't prove the account is your fiance's then how can the collection agency? Send it certified mail, return receipt. If they don't reply in 30 days send a 2nd validation letter. Give them another 30 days. If still no response send the estoppel letter. It is very important to keep a very good paper trail. They probably will try collecting, even though you have asked for validation of the account (violation #1). They will probably call you to discuss the account. Just make sure everything is in writing and don't communicate with them via phone. They need to prove this account is your fiance's. If they can't they must delete it and the nine TL associated with it. Hope everything works out for you and good luck. Dani PS I really have don't have a good knowledge of validation letters, etc. so I am hoping if I am wrong someone from the board will correct me. I'm not fond of giving out bad information.
You said your report is showing as a charge of as of 6/96. This means that your date of last activity had to of been prior to that. Probably several months. But, even if it is one month prior, the SOL would run out this month. If you can prove your last payment date, you are most likely already past the SOL.
Try this link open contract in del is 4 years http://www.edebtnetwork.com/content/collection_laws.asp
not to hi-jack this thread.. but do you know who reliable the numbers on this site are?? It has open accounts for CO at 3 years... everywhere else Ive seen says 6. Thanks
Sorry If I worded it wrong early a little upset about the whole thing. But PNC Bank is the only one listed on one report and not this agency. ???? So do I send validation to PNC and then to the agency to see what info they have? Or just PNC? Any info as to the charge off dates??? Thanks Momof5
Dani, LKH, or anyone justing wanted to know if doing this right, I'm sending validation letter to PNC who is the only one listed on report(1)but what should I do with with the CA stating if I don't respond in 30 days they would assume the debt is correct. Do I still send them the cease and desist letter wanting to deal with the OC only? I read many post about sol and ca's but seems the answers are different for each problem. Also again I do not remember anything about this account except finding a paper on it years ago, so I think I'm safe as far as sol, thank you LKH for pointing that out,didn't even notice that. What is up with it listed charged off 9 times like that, for future reference. Is that right? thanks, momof5
I would send the validation letter to the ca also. The reason for this is once they receive it, they must cease all collection activity, including reporting it to the cra's, until such time as they properly validate. By sending the validation letter now, you can hopefully stop them from reporting it.
