Once an account is past the SOL and the 7.5YR reporting time, is it still advised to refer to the debt as 'alleged debt' with respect to written contact with a JDB? JDB acknowledges compliance date of 7.5 years ago, agrees (and already has) deleted from all bureaus, but I'm just not ready to be done with them yet. I want some $ out of this especially considering a ridiculous re-aging to the tune of 6 years they did on one of the reports.
I would always use alleged debt. Until proven otherwise, it's just an allegation. And you don't run the risk of resetting the SOL if you are living in an area where acknowledging the debt can reset the SOL.
Thanks jam. I'm excited on this one -- CA contacted me in Nov, sent two DV LTRs, no response either. JDB is reporting, since when, IDK. Sent DV LTR in Dec, responded with two different LTR's. One they 'validated' with account summary statements -- I really must thank them on this, this was the evidence that DoFD was 7.5 years ago, and not some time in 2011 as reporting on one report, and a totally different date on another. The other LTR advised they're deleting account -- checked CB's and already gone. In my DV LTR TO JDB I said delete or I sue. They deleted. My question: can I still sue for violations even though my initial LTR/request was granted. It's not as though I was 'under contract' to be okay with them just deleting, correct?
I would (hate to say it) say yes. The key is do this OR I will that. They did this, unfortunately now you need to continue doing that. We want to CAs to keep their word, we have to keep ours too. Now, if you want to keep that option in the future, do this AND I WILL CONSIDER that. You are only promising the consideration, but they way only consider doing what you are asking as well.
Thanks again Jam. Guess JDB gets a pass this time. ....I'm still going after the CA though. Their collection LTR didn't contain any statements about the debts true legal status... 15 USC 1692e (2)(A) [thanks to your guidance on this] and they've failed to respond to both DV LTR's requesting Val or write me saying you agree to close account permanently. Oh and they're the ones that put a soft on my CR a month before contacting me...having the account subbed to them may have given them a permissible purpose however knowing the account the 2x out of SOL, AND compliance date was middle of '05 should of made them turn the account down.
