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river



Joined: 24 Feb 2007
river's page
Posts: 7



385 Magic Points

Subject: illegal entry on CR
 
Posted on Sat Feb 24, 2007 5:42 pm  

Anyone heard about First American Investment CA ? They reported incorrect data on my CR. I VD and they send me Affidavit and funny excel sheet that saying I owe them huge money. I found the website that they are doing illigal data entry on CR to correct old debt. What is my choice ? I disputed with experian and it was verified accurate which I don't agree. : ( And it is schedual to go positive on my CR next year.
stanley
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stanley

Joined: 23 Feb 2007
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Posts: 54



3357 Magic Points

 
Posted on Tue Feb 27, 2007 5:03 am  

Who is the Original Creditor and how old the debt is?
Is it appearing in all your credit reports?
I read somewhere that it is better to dispute the responsibility of the debt rather than the amount, then it becomes tough to verify for them Wink
river



Joined: 24 Feb 2007
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Posts: 7



385 Magic Points

Subject: Re:illegal entry on CR
 
Posted on Wed Feb 28, 2007 5:57 am  

thanks for answering my message.
Original Creditor is CITIBANK. And it is 6 years old, and it is only appearing in Experian. I don't know why it only appears in Experian.
stanley
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stanley

Joined: 23 Feb 2007
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3357 Magic Points

 
Posted on Fri Mar 02, 2007 7:41 am  

Probably they reported to Experian only! Do you know if the account was declared as charged off by CITIBANK? And what is the status of the account? Please share all the details like date of reporting, date of last activity etc.
_________________
Stan
BTW, I am not a lawyer, I am here to share what Life has taught me.
river



Joined: 24 Feb 2007
river's page
Posts: 7



385 Magic Points

Subject: Re:illegal entry on CR
 
Posted on Sun Mar 04, 2007 6:56 pm  

I am sorry, I wasn't able to use internet for few days. Thank you for replying my message. I believe citibank declared as charged off. Right now, the account type is Collection, and it has incorrect data such as date opened.

I will copy and paste account detail below.

FIRST AMERICAN INVESTMEN

Address:
2805 WEHRLE DR STE 11
WILLIAMSVILLE, NY 14221
No phone number available Account Number:
542418043596873 Original Creditor:
CITIBANK



Status:
Creditor recently located individual/Collection account. $8,469 past due as of Feb 2007.

(they were unable to locate this account until last month, they recently updated it)

Status Details:
This account is scheduled to continue on record until Jul 2008.
(it will be 7 years next jul 2008)
This item was verified on Feb 2007 and remained unchanged.



Date Opened:
06/2006
(i opened this account back in 2001 they reported it as is opened in 2006)
Type:
Collection
Credit Limit:
$4,568
(i don't think my credit limit was this high, i believe the credit limit was around 1800)

Date of Status:
02/2007 Terms:
1 Months High Balance:
NA

Reported Since:
09/2005 Monthly Payment:
$0 Recent Balance:
$8,469
(the recent balance was up about $4000 in 1 years, I don't know how they came up with this balance)

Last Reported Date:
02/2007 Responsibility:
Individual Recent Payment:
$0



Your Statement:
NA



Account History:
Collection as of Feb 2007, Jan 2007, Nov 2006, Sep 2006, Aug 2006, Sep 2005
Creditor recently located individual from Sept 14, 2005 to Jan 26, 2007

Basically this is all the informaion on my CR. And this account is reported only on Experian.

Thank you very much. : )
Emmy

Emmy

Joined: 02 Mar 2007
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Posts: 15
Location: Show-Me


1351 Magic Points

 
Posted on Mon Mar 05, 2007 5:01 am  

Quote:
river Posted: 04 Mar 2007 12:56 Post subject: Re:illegal entry on CR

---------------------------------------------------------------------- ----------

I am sorry, I wasn't able to use internet for few days. Thank you for replying my message. I believe citibank declared as charged off. Right now, the account type is Collection, and it has incorrect data such as date opened.

I will copy and paste account detail below.

FIRST AMERICAN INVESTMEN

Address:
2805 WEHRLE DR STE 11
WILLIAMSVILLE, NY 14221
No phone number available Account Number: Edit original post if possible and remove account numbers Original Creditor:
CITIBANK



Status:
Creditor recently located individual/Collection account. $8,469 past due as of Feb 2007. <---FCRA violation. Collection accounts cannot be reported as past due

(they were unable to locate this account until last month, they recently updated it) Remarks are not referring as not being about to locate the account. It's a skip tracing/poisoning remark regarding being unable to locate the alleged debtor

Status Details:
This account is scheduled to continue on record until Jul 2008.
(it will be 7 years next jul 2008)
This item was verified on Feb 2007 and remained unchanged.



Date Opened:
06/2006 <---call CRA and request the First date of delinquency. This will be the date that determines the reporting limitations of this account
(i opened this account back in 2001 they reported it as is opened in 2006)
Type:
Collection
Credit Limit:
$4,568 <---violation
(i don't think my credit limit was this high, i believe the credit limit was around 1800)

Date of Status:
02/2007
Terms:
1 Months <---violation
High Balance:
NA

Reported Since:
09/2005 Monthly Payment:
$0 Recent Balance:
$8,469
(the recent balance was up about $4000 in 1 years, I don't know how they came up with this balance)

Last Reported Date:
02/2007 Responsibility:
Individual Recent Payment:
$0



Your Statement:
NA



Account History:
Collection as of Feb 2007, Jan 2007, Nov 2006, Sep 2006, Aug 2006, Sep 2005
Creditor recently located individual from Sept 14, 2005 to Jan 26, 2007

Basically this is all the informaion on my CR. And this account is reported only on Experian.

Thank you very much. : )


River, What state are you in? This account is 6 years old and more than likely the statute of limitations has expired on this account. With that amount of money, you could potentially be at risk for suing. However, if it is SOL then you will have an affirmative defense. Now, I would send a debt validation letter, certified mail return receipt requested, asap. Start your paper trail now, if you haven't already, should you need it in the future.

They need to validate these amounts. The 7th circuit ruled that you are entitled to itemization of charges. I beleive there are FTC opinion letters to support what constitutes as proper validation as well.
river



Joined: 24 Feb 2007
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Posts: 7



385 Magic Points

Subject: Re:illegal entry on CR
 
Posted on Mon Mar 05, 2007 8:37 am  

Thank you very much.
I live in California. I just found out SOL on credit card is 4 years here in California. That mean they are violating the rule? How do I provide the information that the debt is over 4 years old?


Thanks for your red remarks on my message. The account number is not actual account number so no need to worry about it. Thanks. As you said about my credit report, there's few violations on my CR. But how do I request or correct this incorrect information about this account ? I can contact CRA and verify the first date of deliquency on this account. I will do that asap. About a year ago, I send a letter to the collection agency to verify the debt (at that time I didn't know that was a process of validating debt. Because at that time the balance went up about $4000, I realized I need to do something about this account, before I get into big trouble.), and they send me an "Affidivit of Indebtedness" stating that I owe them about 7524.51, and another copy of an excel sheet about "Statement of Account" calculating Principal balance and interest charge on this account. I know if I VD again, they will send me samething. Shouldn't I just gether informations about this account from Original creditor and dispute this account with the evidence? This is so complicate. I send Certified mail to Citibank to verify the account status, I am still waiting for them to reply my mail. Probably you'd have checked the website already, the website address is.http://www.giovelawofficeexposed.com/ This website is very helpful because I found out that my CA has been doing business illegally, if I understood correctly.

I am going to send a letter to CA and asking them to send me over the signed document from original creditor stating that they have a full power and authority to correct this debt from me. They said they purchased this account from Citibank, but I don't think they purchased this account. I doubt they have a proper documents about this account. I don't think they have a signed document saying that they purchased this account from Citibank. I think this is just an old debt that Citibank charged off. What do you think about the idea having ask them to send me over the signed document that they have an authority about this account ? If they don't have an authority, I can just deal with original creditor.

Thank you again for your kindly reply.

Good night ~~
Emmy

Emmy

Joined: 02 Mar 2007
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Posts: 15
Location: Show-Me


1351 Magic Points

 
Posted on Mon Mar 05, 2007 10:33 am  

Ok the excel sheet.....did it have any evidence of coming from the original collector? Who signed the affidavit of debt? The OC or the CA? Did they send you a copy of the original contract with the OC? Without this evidence it may not be considered proper validation.

You also need to check your state regarding licensing and bonding. Not sure about cali...if they are required to be then check your state and verify they have met the requirements.

I wouldn't be surprised if the OC doesn't respond to your letter; as old as this account is. Keep copies of everything!

The account's limitations have expired on this account. You can either continue to attempt to get validation of this expired debt or send them a get lost letter. Keep in mind...Even though the OC may have C/O'd the account doesn't mean they didn't sell it to a CA.

If you decide to send them a notice to get lost as this account is time barred then make sure you include in your notice the definition of open accounts.. IE..TILA ยง 15 (truth in lending act), your state code regarding the time barred, and FDCPA using 807 as your guideline.
river



Joined: 24 Feb 2007
river's page
Posts: 7



385 Magic Points

Subject: Re:illegal entry on CR
 
Posted on Tue Mar 06, 2007 4:32 am  

hello, Emmy.

Thank you for the reply on my message.

The document doesn't have any evidence that it was coming from the original collector. It just say, it was originated from Citibank and they purchased it.

If you want to see what's on the letter, I can scan it and send it to you via email. This message board doesn't have a uploading function. And the Affidavit of debt, a guy name Harvey Denis, Assistant Vice President signed the paper. and it was Notary by John Sortino. And they didn't send me a copy of the original contract with the OC, I don't know if that's the requirements for VD.

I don't think they have original contract document with the OC. What do I do if OC doesn't respond to my letter ? Do I send them the letter again ? I couldn't check the licensing and bonding in California. I don't know where to look for. I am afraid of being sued by CA, if I send them a notice to get lost. : ) oh I can upload the file, I will come back later and I will scan and upload the letters I received from CA. : )

Thank you,
Emmy

Emmy

Joined: 02 Mar 2007
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Posts: 15
Location: Show-Me


1351 Magic Points

 
Posted on Tue Mar 06, 2007 5:10 am  

River,

The statute of limitations has expired on this account no matter which way you look at it for the state of CA. From what I could tell ca's in the state of CA do not have to be licensed and bonded. Sounds to me that this was a poor attempt to validate.

Keep record of your attempts to contact, copy cmrrr, green card, etc. Should you be summoned you will be have proof that you in good faith tried to have this debt validated so it could be handled appropriately.

I wouldn't fret too much about being sued if you have a good paper trail. You have an affirmative defense due to being time barred. Go through all your documentation and complete a summary of timeline so you know where you're at in this process.

You may want to refer to Fields Vs Wilber and Chaudhry Vs Gallerizzo for case law regarding validation as well as check the FTC for opinon letters to support the claim of improper validation.
river



Joined: 24 Feb 2007
river's page
Posts: 7



385 Magic Points

Subject: Re:illegal entry on CR
 
Posted on Tue Mar 06, 2007 7:46 am  

Hello Emmy, thank you again for the useful information and the advise. You have very good knowledge of this. I am very glad someone out there who cares about my problem. Thank you, I appreciate it.


I will just upload scanned image of the documents I received from CA back in 2006. The proper documentation is not a print out, but they send me print out.: ) Can I ask them for better evidence ? Not the print out, but the actual proof of the debt. If you are in my position, what would you do from this point? It's true they violated the rule.
I will repost tomorrow.

Good night ~

p.s.
It looks like the image I uploaded has an error. Maybe this board has an script error. : ( I will find the way to show you the documents I received from the CA. I scanned it already.
river



Joined: 24 Feb 2007
river's page
Posts: 7



385 Magic Points

Subject: Re:illegal entry on CR
 
Posted on Sat Mar 10, 2007 6:10 am  

Emmy,

Credit Limit:
$4,568 <---violation

Terms:
1 Months <---violation

Can you explain me why this is violations ?
I phone called experian to find out first deliquency date, but I couldn't speak to live person. And I called original creditor to find out some account information, they said it is sold to collection agency, and they don't have any information. I just can't get any accurate information about this account. I think I have to contact current collection agency to find out all the information about this account. Can I just write a letter to the Experian to remove this account, because the stature of limitations has expired ? hmm.. Or can I just ask them to remove because all the violations ? hmm.

: )

Have a good night ~
Emmy

Emmy

Joined: 02 Mar 2007
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Posts: 15
Location: Show-Me


1351 Magic Points

 
Posted on Fri Mar 16, 2007 5:40 am  

Hey River,
Sorry it took me so long to get back to you. To answer your question basically the CA is misrepresenting the debt. You do not take out a loan or have revolving credit with a CA therefore, you cannot have a credit limit or have terms as there was no agreement for such.

I would have to do some further digging to see if I can give you the exact violations. I hope that answers the question...

The SOL for collecting on this account has expired but until you find out the first date of delinquency it's hard to say for sure whether or not the SOL for reporting has expired. Although, if you opened the account in 2001 then the account would not have expired it's reporting SOL.

As I've said earlier you could always send them a get lost letter because of it being time barred as mentioned earlier. Its way outside of SOL. If you're really not comfortable doing that then you might want to try sending the CA another DV (CMRRR of course) as we've already established what was sent to you was not validation.... THEN when you get your green card back immediately initiate your dispute with EX. If EX comes back verified then you will have another violation.

Keep up on your good work. Keep the paper trail coming.
Faisi900
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Posted on Sun Sep 30, 2007 7:19 pm  

i have a similar situation but i want to know what are the statue of limitations for Virginia...
Morningstar

Morningstar

Joined: 17 Apr 2007
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Posts: 576



11 Magic Points

 
Posted on Mon Oct 01, 2007 3:01 am  

Do you mean "the time limit a creditor has to sue you for repayment", or do you mean "how long an entry on a credit report can remain"?
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