mandolin.peach

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About mandolin.peach

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core_pfieldgroups_99

  • Interests
    horses, volunteer work
  • Occupation
    part-time counselor

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    Florida
  1. thanks again for all the inputs. for "uwackme"--I intend to use the FCRA section that says they can't re-age your account when I dispute mine. I don't know if that section was primarily intended to mean they can't report the delinquency beyond the 7 (or 7.5) years, but clearly the action of reporting a charge-off every month DOES re-age the account with the obvious intent of affecting one's credit rating during the period it is being reported. After reading all the inputs, I think this could be well-argued and won. This is also the section I would use to dispute the practice of updating account status on CRs to the date of most recent dispute. I'm actually quite apalled that they get away with this when it clearly discourages people from disputing their credit reports which they have a legal right to do. What kind of mob-tyranny is that?!?
  2. Thanks for all the inputs--this has been very helpful. ejspen asked if I DVd the OC. Sorry for my lack of clarity--I DVd the third-party debt collectors that the OC placed the account with after charge off (3/03). After the second DV letter was sent in July '03, I've never heard anything on the account so I believe it is still with the OC. All of my other accounts were sold off (the most recent 30-day letters on those accounts clearly indicate that they were purchased by new creditors/JDBs). Does anyone have any advice about whether I should wait to dispute this monthly charge-off reporting until after SOL is up? And, would I dispute it directly with the OC or just the CRAs?
  3. I have an OC that is reporting my account status every month as "CO" to all three CRAs. Although they still show last activity as 8/02 and a scheduled removal date of 8/09, I believe their method of reporting is clearly intended to "re-age" the account to keep the charge-off status more current than it actually is. This way, if anyone pulls a 12 or 24 month report, this account always appears at first glance to be just charged off. Has anyone seen this or dealt with this? I intend to dispute it, but would prefer to wait until next August when the SOL is up. This company never sold the debt off and quit collecting after my first two DV letters two years ago. So, I don't want to "wake a sleeping giant", and I don't have any intention of trying to get credit/loans anytime soon. Also, I did try to get a mortgage in 4/04, and was turned down primarily because of this account.
  4. I went through a debt validation process beginning in August 2001. I have about 10 months left on a 4-year SOL in FL. I have DVd every 30-day letter, sent cease/desist letters and made no payments or phone contact since the beginning with every CA. Everything has been sent CMRRR. I have one account (MBNA) that was sold to Collect America (CACV of Colorado) and after they went through four different DCs, finally sent an affidavit that appears to be from OC. I returned it with a dispute letter referencing statutes for original signature/contract law (Jan. '05). I received no response until last month [Oct. 14, 28], when the attorney's office for CACV left phone messages for me to contact them (one message was at a third party number). I faxed them a statement referencing my previous cease/desist letters and reminded them they can contact me in writing. I have not received anything yet and I have not yet followed up with a letter but I'm preparing one. Based on what I've read on this site, I'm assuming that they will attempt to get a default judgment--I doubt their "attempts to contact" were merely for insurance purposes! How significant are these recent contact attempts? I would like to know if I send them a letter clarifying my position and that I intend to defend my case as well as file a counterclaim, will they be likely to drop it--or will I merely aggravate them into sending a summons faster? Yes, I have contacted an attorney, who I meet with next week. And yes, I've read the info on this site regarding affidavits and what constitutes debt validation.
  5. thanks methuss. Under the state law (provided by divemedic), it looks like unless I request disclosure within 90 days, I'm out of luck there. But I could use the FDCPA 807(2) if it has been less than one year. I'm also not sure how a dispute like this on my part would affect future efforts with the new owner/CA. We have two accounts that were sold by OCs (Providian and Discover). Would a dispute or a federal FDCPA filing against the OC cause them to be any more proactive in providing documentation to the new owner? How could I use it as a means to stop further activity?--it's not like the OC is going to "take the debt back" or stop the new owner from making efforts to collect. I guess to them it's no big deal--they sell it off for $500-800 or whatever, and only in a rare case, someone files a complaint and they pay $1000 fine. Since it still doesn't stop the new owner, I guess this is why all of us doing debt validation simply continue to DV each new 30-day letter that comes in and go from there. Anyone out there successfully disputed the sale of a debt? Is this something a consumer attorney would take?
  6. OK--I get it. This is the law that requires them to report that the debt is disputed if they report to the CRAs. In the past three years or so, since we started this process, we have not had anyone other than OCs report info to CRAs. So, we haven't had to use that. Thanks for your input. Anyone else have any suggestions?
  7. Thanks! I had to read that a few times to get it --so let me make sure I understand. If I make a request to the previous creditor (not DC, I assume) who sold the debt, they are required to disclose the nature of the dispute to the new owner within 30 days? --and I guess I would want them to notify me that they have done so? Could I send a copy of my request to the new owner to make sure they are aware? Also, I could add a paragraph to my DV letter to the new owner that if the account is sold again, a similar demand for disclosure will be made, referencing the FL statute. One last thing, how do I know if the purchaser has made notification within 30 days. The letters I've received say "purchased from XXXX" but not when.
  8. My understanding about debt validation is that once you dispute and request validation, DCs can either validate or stop collection activity. The fact that they routinely (and increasingly, I've heard) sell the debt is frustrating. Are there any effective methods, including wording in DV letters or other correspondence, to reduce the likelihood that they will sell the debt? I've heard that selling it constitutes "continued collection activity" but once the debt is sold, my primary interest is with DVing the new DC and not with the previous one. Thanks for any input.
  9. I'm new here and still doing a lot of reading to get up to speed. But I thought I'd share with you our current AIS/Giove experience. My husband received a 30-day letter in June and we DV'd them (lengthy 13-page letter, unnecessarily long, but has been very effective on several other accounts over the past three years). They sent us an "affidavit of indebtedness" identical to the one you quoted. We ignored this obvious lack of validation and a little over 90 days later (Nov. 9th) we received a letter from an attorney's office in our home state (FL). I take it this means they intend to sue and we are now looking at what to do next. Obviously we will DV the attorney's letter and I'm drafting a dispute letter/"return of erroneous presentment" for the affidavit they'll probably send again. I know now about the "account stated" argument and I won't ever ignore an affidavit without disputing it in writing CMRRR. I'm interested in hearing more about this type of affidavit prepared by the purchaser themselves and will follow any more responses to your post. Thank you all for sharing.