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buddypatriot12
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Subject: statute of limitations
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Fri Jan 11, 2008 4:04 am
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| collection acc. on my report from 1998 charged off sold to agency on 2001 then sold to another in 2003 i havnt spoke to any of them untill today tring to clear up report they said there lawers have it and gave me the # i called they said they will sue me and garnish wages sol is 4 years in FL so they wont win but i still need to get it off report info on report is wrong too says last active 4-07 that is a lie says open in 11-2003 that is a lie too what do i do? |
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SunDevilsFan
Joined: 09 Nov 2007
SunDevilsFan's page
Posts: 189
Location: Sunny Arizona
6612 Magic Points
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Fri Jan 11, 2008 5:41 am
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Hey Buddypatriot...
First off... Please stay off the phone!!! Do not call them and do not answer them.. Let them come to you in writing...
Ok, with that out of the way..... A SOL begins on the day you made the last payment on the card. Plain and Simple. Keep in mind, if you don't pay the bill in two years and two years later you decide you want to settle this account and pay a certain amount towards the balance, that by paying it it restarts the SOL clock AGAIN...
A couple of comments... If they threaten you with garnishments and/or liens on your home or taking you to jail, whatever, that is a serious offense on their part. Also, a huge violation. However, that's all hearsay if you can't prove it in court.
Also, it sounds like someone is reaging the account. Which again is a serious violation.
Dispute it with the appriopriate credit reports. If they come back and indicated that its valid, tell them to prove it...
And lastly, if they take you to court, the monkey is on their back to prove everything. NOT YOURS...
Hope this helps some,
Sun |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3733
3 Magic Points
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Fri Jan 11, 2008 5:11 pm
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buddypatriot12,
Listen to what sundevilsfan is telling you, I am going through a similar situation with a collection agency, I am actually waiting on arbitration date as we speak.
the attorney that will be chairing the arbitration told me that they have to not only prove that I owe the debt but that I owe it to them. I have been dealing with this collection agency for over a year and 6 months now. I look forward to the day in court because I have requested the information that they are supposed to provide me with debt validation and have yet to do that.
These guys all operate about the same, slime balls, did you try contacting the original creditor to see if you can work directly through them.
_________________
Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online |
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buddypatriot12
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Subject: next
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Fri Jan 11, 2008 8:04 pm
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| i disputed the collection with the credit report they sent me a letter saying it will remain on my report and is valid. do i send validation to collection agency or to credit report co? i have a pretty nice letter from online for validation request just need to send it to the correct place. they said i made a payment in 2002 but I know that is not correct. are they brakeing the FDC laws? if the sol has run out do they need to remove it from my report? |
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Fri Jan 11, 2008 10:58 pm
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buddypatriot's questions are in black...
my responses are in in red
I disputed the collection with the credit report they sent me a letter saying it will remain on my report and is valid. Really?!?! Did they provide you evidence in their response to show its validation? Just because I tell you the sky is blue and the grass is green doesnt mean squat. UNTIL, I prove it to you. do i send validation to collection agency or to credit report co? Put aside the DV (for now). I would fire off a response to the CRA and demand proof of their allegations and describe to you (in detail of course) how they arised to this decision..i have a pretty nice letter from online for validation request just need to send it to the correct place. Just so this out in the open, even though you like the DV letter you picked up off the internet doesn't mean they havent seen it already. Fine tune it real well before sending that. Just a heads up.... they said i made a payment in 2002 but I know that is not correct. How do you know that to be correct?? That you didn't make a payment?? I'm not trying to be a hard ass. There is a difference between knowing something and proving it.. Do you have any documentation (credit card statements and/or checking account info.) to back your statement up.. The only reason I bring this up is so that you will be prepared to and have the opportunity to solidify your defenses...IF, that becomes necessary.. Again, THEY have to prove without a shadow of a doubt of their claims... Anything short of that is BS... are they brakeing the FDC laws? if the sol has run out do they need to remove it from my report? Even if the SOL has run out, any negative entries on your credit report stays on there for 7 years of your last payment. |
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SunDevilsFan
Joined: 09 Nov 2007
SunDevilsFan's page
Posts: 189
Location: Sunny Arizona
6612 Magic Points
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Fri Jan 11, 2008 11:01 pm
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Thought I was logged in!!! Oh well!!
Anway, the above under guest is what I said.... a copy is below
buddypatriot's questions are in black...
my responses are in in red
I disputed the collection with the credit report they sent me a letter saying it will remain on my report and is valid. Really?!?! Did they provide you evidence in their response to show its validation? Just because I tell you the sky is blue and the grass is green doesnt mean squat. UNTIL, I prove it to you. do i send validation to collection agency or to credit report co? Put aside the DV (for now). I would fire off a response to the CRA and demand proof of their allegations and describe to you (in detail of course) how they arised to this decision..i have a pretty nice letter from online for validation request just need to send it to the correct place. Just so this out in the open, even though you like the DV letter you picked up off the internet doesn't mean they havent seen it already. Fine tune it real well before sending that. Just a heads up.... they said i made a payment in 2002 but I know that is not correct. How do you know that to be correct?? That you didn't make a payment?? I'm not trying to be a hard ass. There is a difference between knowing something and proving it.. Do you have any documentation (credit card statements and/or checking account info.) to back your statement up.. The only reason I bring this up is so that you will be prepared to and have the opportunity to solidify your defenses...IF, that becomes necessary.. Again, THEY have to prove without a shadow of a doubt of their claims... Anything short of that is BS... are they brakeing the FDC laws? if the sol has run out do they need to remove it from my report? Even if the SOL has run out, any negative entries on your credit report stays on there for 7 years of your last payment. |
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SunDevilsFan
Joined: 09 Nov 2007
SunDevilsFan's page
Posts: 189
Location: Sunny Arizona
6612 Magic Points
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Fri Jan 11, 2008 11:01 pm
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| well, it didnt put the red in!! |
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buddypatriot12
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Subject: thank you
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Sat Jan 12, 2008 1:51 pm
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| I thank you for the advice. |
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SunDevilsFan
Joined: 09 Nov 2007
SunDevilsFan's page
Posts: 189
Location: Sunny Arizona
6612 Magic Points
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Sat Jan 12, 2008 2:17 pm
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I hope it all works out for you buddypatriot.... I really do..
These collection agencies, for the most part, are scum and sould be classified as legalized thugs..
I have seen some of these "operatives" up close.... Many of them you wouldnt want to take home to momma for a nice Thanksgiving dinner. |
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Dadummy
Joined: 15 Nov 2007
Dadummy's page
Posts: 637
13 Magic Points
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Sat Jan 12, 2008 6:26 pm
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| for one thing they can not harress you. you can tell them thier being recorded for haressment reasons and youll see how fast they quit calling. |
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