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techgoddess

The law in Cali.

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What do you think of this:

RMA

4450 River Green Pkwy

Duluth, GA 30096-2589

Re: Acct. #: SEARS-1311* and SEARS-1320*

To Whom It May Concern:

Under California law, as mentioned in the State of California Department of Consumer Affairs Legal Guide DC-2, "Summary of the Fair Debt Collection Practices Statutes" Article 2.6, it is unlawful to collect any

debt which is too old to be enforcable. The last payment made to the original creditor (Sears)

was in September, 1998. Because the California Statute of Limitations on an open-ended

account is four years, the debt became unenforcable as of September, 2002. Because

reporting a debt is considered an attempt to collect, please remove your listing from any

credit bureau reports you have reported it to. The

Statute of Limitations has not been reset, regardless of any payments I might have made.

I'm sure your legal staff will agree that non-compliance with this request could put your

company in serious legal trouble with the FTC, The Better Business Bureau and the California

Attorney General.

Sincerely,

[Edit by ADSOFT on Saturday, June 7, 2003 @ 02:56 AM]

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<blockquote>Originally posted by ADSOFT

What do you think of this:

RMA

4450 River Green Pkwy

Duluth, GA 30096-2589

Re: Acct. #: SEARS-1311* and SEARS-1320*

To Whom It May Concern:

Under California law, as mentioned in the State of California Department of Consumer Affairs Legal Guide DC-2, "Summary of the Fair Debt Collection Practices Statutes" Article 2.6, it is unlawful to collect any

debt which is too old to be enforcable. The last payment made to the original creditor (Sears)

was in September, 1998. Because the California Statute of Limitations on an open-ended

account is four years, the debt became unenforcable as of September, 2002. Because

reporting a debt is considered an attempt to collect, please remove your listing from any

credit bureau reports you have reported it to. The

Statute of Limitations has not been reset, regardless of any payments I might have made.

I'm sure your legal staff will agree that non-compliance with this request could put your

company in serious legal trouble with the FTC, The Better Business Bureau and the California

Attorney General.

Sincerely,

</blockquote>

I would leave this part out: "as mentioned in the State of California Department of Consumer Affairs Legal Guide DC-2, "Summary of the Fair Debt Collection Practices Statutes" Article 2.6".

No need to tell them exactly where to go look to find the law.

BTW, TechGoddess, did they notify you in writing that they were going to put derogatory info on your credit report within 30 days of it being placed there? That's a requirement under the Rosenthal Act as well.

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~Cookie Says:

...I would leave this part out: "as mentioned in the State of California Department of Consumer Affairs Legal Guide DC-2, "Summary of the Fair Debt Collection Practices Statutes" Article 2.6".

Thanks ~Cookie

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Wow! I think this letter is DEFINITELY worth saving! Hopefully it will help against these collection agencies that use our credit reports as their ONLY means of collection!

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By the way, this would not work for PAID collection accounts, only unpaid, correct?

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<blockquote>Originally posted by laura66

By the way, this would not work for PAID collection accounts, only unpaid, correct?

</blockquote>

If you are asking if you can get your money back, ya, I think its too late?????

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I don't care about getting my money back, I just want the darn thing off my report!

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<blockquote>Originally posted by laura66

I don't care about getting my money back, I just want the darn thing off my report!

</blockquote>

Don't know, We might have to start a new thread on that.

... "I paid, but it's on my report now what?" , not trying to be a wise-guy but there are few people in that situation.

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<blockquote>Originally posted by cookiemnster

[bTW, TechGoddess, did they notify you in writing that they were going to put derogatory info

on your credit report within 30 days of it being placed there? That's a requirement under the

Rosenthal Act as well.

</blockquote>

I don't know. I lived in Tennessee at the time and it's been four years.

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Thanks for all the help Adsoft, Cookie and Calawyer! I'll revise my letter and send it out

monday.

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<blockquote>Originally posted by ADSOFT

... "I paid, but it's on my report now what?" , not trying to be a wise-guy but there are few people in that situation.

</blockquote>

In that situation, one would send the nutcase letter.

Do a search here, you'll find it.

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Thanks, Cookie. I have saved copies of the nutcase series to use. I didn't mean to cross subjects; I was just trying to apply this letter to my situation. Obsessing a little; I think most of you can relate!

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Okay, I mailed my angry letter and I'm pretty nervous. How long do you think I should wait for these bozos to respond before I send them a follow up letter? If they don't respond (or remove the listing from my CR) what kind of letter should I send them next? ITS?

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I haven't heard anything back yet. I'm getting ready to send them another letter (not sure what to write yet!)

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This is awesome good news....I have a CA trying to collect on a judgement that I have from 1991, they re-uped the judgement in 1/02 but it is originally from 1991. I have sent DV letters, and a threatening letter citing FDCRA giving them 10 days to get it off my report -to no avail! :( I have also sent letters to TU and they refuse to delete this- really pisses me off....I guess I am going to have to take BOTH to small claims court( I could use the money #) )

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Well, tomorrow it will have been 14 days since RMA got my letter and I haven't heard anything from them and the listing is still on my CR. Where do you guys think I should go from here? Should I follow up with an angrier letter? ITS? Should I re-dispute with the CRA? Both?

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<blockquote>Originally posted by techgoddess

Well, tomorrow it will have been 14 days since RMA got my letter and I haven't heard anything from them and the listing is still on my CR. Where do you guys think I should go from here? Should I follow up with an angrier letter? ITS? Should I re-dispute with the CRA? Both?

</blockquote>

Get the ITS and complaints to the FTC and Consumer affairs going!!!

Start a post, ask for sample ITS for CA'S collecting on time barred debts. ... is this debt beyond the 7 yr reporting period?

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I wish it was beyond the 7 year reporting period! (two more years to go!) It is beyond the Cali. SOL by nearly 2 years (1 by their wacky re-aging math.)

Any body got an ITS letter for this kind of situation?

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<blockquote>Originally posted by techgoddess

I wish it was beyond the 7 year reporting period! (two more years to go!) It is beyond the Cali. SOL by nearly 2 years (1 by their wacky re-aging math.)

Any body got an ITS letter for this kind of situation?

</blockquote>

I have a WEIRD idea, might work!

I've been reading of CASES where a bill has been mispresented under FDCPA that's a violation. Also reporting an incorrect amount is a violation. Ask them to remove it because they could not valdate the date and amount correctly. Maybe add to that that they have to resend you your MINI MARANDAS!!!

Then,

.... Once they get it off offer them a settlement to keep it off???

I was asking CALAWYER if they have to start over with NEW mini-marandas if you prove that they misrepresnted the debt and REPORTED it. I guess he has been busy.

... But, YOU might have time to research net under MINI-MARANDS FCRA or something like that on GOOGLE.

... I'm reading about suing lawyers right now, I don't have time to look up MINI-MARANDS, ... sorry :(

Just an idea. :) :) :)

[Edit by ADSOFT on [TIME]1056473310[/TIME]]

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Well, I just submitted my complaint to the FTC. I'm figuring that I'll compain to everyone I threatened to complain to and then send a nice ITS letter. Hopefully that will scare them into removing their info. from my CR.

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Okay, I filed my complaints with the FTC, the California Attorney General and the BBB (anyone else I should complain to?) Here's a first draft of my letter:

RMA

4450 River Green Pkwy

Duluth, GA 30096-2589

Re: Acct. #: SEARS-1311* and SEARS-1320*

To Whom It May Concern:

I recently sent you a letter informing you that my debt to you is too old to be enforceable and therefore your reporting of

this debt is in violation of California law. You received this letter on June 11. It has been 14 days and you have ignored

my request to remove your negative listing from my credit report and cease all collection activity. I have patiently waited

for you to prove that this debt is indeed enforceable and you are not violating the law by reporting it. I am writing to

inform you that I will no longer be patient and your time to comply with my request has run out. I have registered

complaints with the FTC, the Better Business Bureau and the California Attorney General. I am giving you another 14

days to respond. If you continue to ignore my requests, I fully intend to enforce my rights in court.

Sincerely,

Techgoddess

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Ok, so I'm a little confused about something. Sounds to me like if they (CAs) can't collect on a time-barred debt, then they are not allowed to report it either?? Did I read that right? If so, I will be using a copy of Tech's letter.

Andi

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