Account is charged off (Cross Country Bank) for almost 4 years. Dola on equifax is 9/2002. For the first 2 1/2 years I was harrassed by 3 different collection agencies - none of which ever validated this account. In desperation, and before I found these boards, I went with the now defunct Ameridebt (I know, I know, no verbal assaults please, I was naive and very stupid). I paid for about 5 months and then stopped and never paid another cent on that account. THe total amassed at $3,009 and even with the 5 payments made thru Ameridebt the amount never changed from that figure. Haven't heard anything else in all this time. All of a sudden I get a letter from Applied Card Bank addressed to my estate and asking my next of kin to please supply the name of the executor of my will so that they can collect on this debt. I figure they are just fishing since they probably have seen recent activity on my credit reports, but not quite sure what to do next. I figured I'd just wait it out and see what they do next. What I am curious about is how and why did they get the acount back after all the collection agencies had no luck with me. Also, do those 5 payments made thru Ameridebt restart my sol. Equifax has dola as 9/02, Experian has 1/03 and Trans Union has 12/03!!! Any advice will be most appreciated.
Maybe Ameridebt told your creditors you had died, and kept your money? If the Ameridebt payments never reached the creditor, or even a CA, how could it restart anything? If they did, then why aren't they reflected in the balance? Did Ameridebt provide any statements showing payments made to your creditors?
Yes, they used to have an online site where you could see the amounts posted but since they are involved in a lawsuit and have been shut down, they no longer have a site that posts this info. Plus, I had stopped using them well over a year or so before they collapsed. It shows on my credit report on the payment schedule (Equifax I think) that for 4 or 5 mos. they were paid. This fishing letter sending condolences for my death to my "estate" is just that, I'm sure, in order to get info on me as I recently disputed items on my credit report and disputed them once again. That must be what awakened them (regretably for me). I guess I'll just sit tight and see what happens. Just hope they contact me again so that if I have to settle to avoid being sued, I will be able to. Just don't want a summons and complaint delivered to me once they guess that I am alive!!!!
The key question is whether or not the CAs were assigned, or whether they 'purchased' the debt. If the CAs were only assigned, technically the OC was sent the account between CAs, only they went to the next CA in their address book. Check out whether your state was one of the many who sued ACB/CCB for gross violations of state consumer protection laws, you may find something in those suits to help you. Now, you do have a neat little 'trick' which you can use. 15 U.S.C § 1692e(6)(b) provides that "the false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to become subject to any practice prohibited by the Fair Debt Collection Practices Act" is a violation. The FTC Commentary includes a reference that this includes referral back to the creditor. Unless the OC can provide something which would provide them with a good faith belief that you had died (like Ameridebt trying to claim you had died) the 'fishing' letter would be a violation of 15 U.S.C. § 1692e(10) and 15 U.S.C. § 1692f. (General false and misleading representation; and general unfair and deceptive practices.) Not to mention the fact that finding out that you had supposedly died would be distressing (GEE, who wouldn't get upset by finding out that they had supposedly died).
I just remembered of one case which strengthens the durability arguement under 15 U.S.C § 1692e(6)(b); including for a validation request, and inconvenient times clause. The best part, the case is THEIR case. The basics of the case was that only one validation notice is required per account (no matter how many CAs the account passes through). A subsequent CA was being sued for not providing their own validation notice. Now, if validation notices are durable, validation requests, dispute notifications, and inconvenient times and places notifications would likewise be durable. Of course, the thread which had the case cite listed is on a different board, and that board has been down for a long while.
