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finally got the nerve


blueranger
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i can't remember if it's open ended accts or written. in your case you better hope it's open ended... anyone remember???? what's up with those southerners. first the chair now 15 years for SOL???? crazy.

i know i have seen an sol letter around here somewhere.

Oh, here it is (courtesy of Sisflomi...)

SOL LETER AND FOLLOWUP LETTER

NOTICE TO COLLECTION AGENCY

LAWS RULES AND CODES RE; SOL

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

[Date] Certified Mail No.: _____________

Re: inquiry dated ____: your file # _____

Greetings:

Thank you for your recent inquiry.

This is not a refusal to pay, but a notice that your claim is disputed.

The Rules Of Civil Procedure of my State of (State ) provide a Statute Of Limitations limiting the time frame for any legal collection activities.

Include the following underlined paragraphs for credit card accounts

Please be advised that under the TILA section 15 a credit card account is legally defined as an "open" account.

The Act is in Title I of the Consumer Credit Protection Act and is implemented by the Federal Reserve Board via Regulation Z (12 C.F.R. Part 226).

The Regulation has effect and force of federal law.

Open-end Credit Transactions:

Open-end credit includes bank and gas company credit cards, stores' revolving charge accounts, and cash- advance checking accounts.

Typical features:

Creditors reasonably expect the consumer to make repeated transactions.

Creditors may impose finance charges on the unpaid balance.

As the consumer pays the outstanding balance, the amount of credit is once again available to the consumer

Under my State of ________Code ,§ __________

the subject account has a _________ year limit for filing any legal action for collection.

The starting date of this statute of limitations being the later of the date of last activity, or the date of first default with the ORIGINAL CREDITOR of the subject account.

Records indicate that this date on the subject account #___________ with (creditor name) is __ ___ ____.

This notification is formal notice to you that

any filing of such action by you, or your representitives or assigns, is therefore time-barred.

Under the FDCPA, any such action, or threat of such action is a violation of the law,and grounds for fines and civil sanctions.

807. False or misleading representations

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.

Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(2) The false representation of-

(A) the character, amount, or legal status of any debt; or

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

This notification to you is of applicable legal statutes,codes and laws.Other Federal and State laws may apply.

(include this paragraph when appropriate)

Under the laws of my State,(statute # if available) continued collection activities, including reporting,verification or reinsertion of accounts. beyond their legal collection date to any consumer credit reporting agency, may be considered extortion and/or fraud and subject to criminal as well as civil prosecution.

Please note that proof of your receipt of this notice may be used by me or my legal representative in further action.

I also reserve the right to forward a copy of this letter,and any other pertinent material to the _____(CA lawyer's State) Bar Association.

Best regards,

[subscriber]print or type name

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

LETTER TO CRA

Deletion Request AFTER SOL Letter

LETTER TO CRA AFTER SOL LETTER TO CA

THIS LETTER IS TO BE USED ONLY AFTER PROOF OF DELIVERY TO CA OF SOL LETTER

Dear Sir/Madam

This is a request for deletion of a disputed item.

This item has been reported by :

(Name of Agency, Account #___) to your credit bureau, and is currently entered on my credit report.

I am requesting that the entry be deleted in its' entirety as it is an invalid claim,and any reporting of an invalid claim is prohibited.

(see Sullivan v. Equifax, Inc. et al., 2002 U.S. Dist LEXIS 7884 (E.D. PA. 2002)

(reporting a debt to a credit reporting agency is a communication covered by the FDCPA in §1692e(8))"1692e(8)

Communicating or threatening to communicate to any person information which is known or which should be known to be false, including the failure to communicate that a d...

good luck girlfriend. ;)

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