Faith Posted May 21, 2003 Report Share Posted May 21, 2003 I got a letter from Harris and Harris telling me I owe almost $1000 for what was formerly a $500 Cellular One bill. Cell One sold to Cingular. Apparently Harris and Harris is trying to collect these old debts. They said the debt increased due to "interest" etc. I said to send me something in writing, like an original contract showing I agreed to pay interest. I got nothing. Meanwhile, I disputed with TU and they DELETED IT!!! But, I still get calls from Harris and Harris. Should I do a debt validation letter? Does the fact that TU deleted mean they probably couldn't come up with validation? The SOL should be up this time next year. Since it is deleted, but I don't want to get sued, what should I do next? Thanks, Faith Link to comment Share on other sites More sharing options...
Anonymous Posted May 21, 2003 Report Share Posted May 21, 2003 <blockquote>Originally posted by FaithI got a letter from Harris and Harris telling me I owe almost $1000 for what was formerly a $500 Cellular One bill. Cell One sold to Cingular. Apparently Harris and Harris is trying to collect these old debts. They said the debt increased due to "interest" etc. I said to send me something in writing, like an original contract showing I agreed to pay interest.</blockquote>you are within your rights to request this.<blockquote>Originally posted by FaithI got nothing. Meanwhile, I disputed with TU and they DELETED IT!!!.</blockquote>they have to notify if they re insert.<blockquote>Originally posted by Faith But, I still get calls from Harris and Harris.</blockquote> and you can get these calls until the end of time. the sol means they can't sue after that date...can still collect... send the c/d letter (limited and respond only in writing and keep records<blockquote>Originally posted by Faith Should I do a debt validation letter? Does the fact that TU deleted mean they probably couldn't come up with validation.</blockquote> Well this is where i am not so sure. i keep thinking that requesting the validation (which we have the right to do), may very well invite law suits.<blockquote>Originally posted by FaithThe SOL should be up this time next year. Since it is deleted, but I don't want to get sued, what should i do?</blockquote>it's really too bad that YOU can't get the contract you signed, so you won't have to worry about their response. so if in the contract you didn't agree to fees, you could rub that in their face and possibly settle...(not my favorite tactic)anyone else??? Link to comment Share on other sites More sharing options...
techgoddess Posted May 21, 2003 Report Share Posted May 21, 2003 Send them a C&D and tell them to jump in a lake.[Edit by techgoddess on Tuesday, May 20, 2003 @ 06:46 PM] Link to comment Share on other sites More sharing options...
Anonymous Posted May 21, 2003 Report Share Posted May 21, 2003 quote:--------------------------------------------------------------------------------Originally posted by FaithShould I do a debt validation letter? Does the fact that TU deleted mean they probably couldn't come up with validation.--------------------------------------------------------------------------------Well this is where i am not so sure. i keep thinking that requesting the validation (which we have the right to do), may very well invite law suits.--->I have seen it somewhere here that they cannot file a lawsuit before they validate debt - somebodyquoted a case and a law by which they cannot do that.. Anybody? Link to comment Share on other sites More sharing options...
Anonymous Posted May 21, 2003 Report Share Posted May 21, 2003 and if anyone answers your question, maybe they will have some insight on how this works 'after the inital 30 days from first contact' the fcra only mentions the 30 day period after first contact when it talks about validation. Link to comment Share on other sites More sharing options...
Faith Posted May 21, 2003 Author Report Share Posted May 21, 2003 See, this is the trick bag...if I ask for validation, and they GIVE IT, then I'm up a creek. The SOL is up soon. But is the "last activity" the date the CA took over the account (I have not paid a dime) or the date I made my last payment to Cellular One, back in 1998? I am thinking the best thing to do is to string them along until it is up... Link to comment Share on other sites More sharing options...
Faith Posted May 24, 2003 Author Report Share Posted May 24, 2003 Ya know, now I am getting nastier and nastier letters, mentioning things like "lawsuit" etc. I would be willing to pay the original amount but since it has already been deleted from my report (it was only on TU) if I DID pay or settle with them, would they put it back on TU and also show it as a paid collection on the others? I have not yet done the DV letter. I am stalling hoping I can somehow find the actual date of last activity, i.e. the last phone bill I paid. I can't even call Cell ONe because they are now Cingular. Link to comment Share on other sites More sharing options...
tolstoy Posted May 27, 2003 Report Share Posted May 27, 2003 Personally, I would do the DV letter. I don't know how doing that will invite a lawsuit any quicker than you just not paying and waiting for them to file suit at the last minute before the SOL is up.Basically, then, if they do sue without validating the debt with you, they aren't going to win any cases. Their ignoring your validation request will go a long way with the court. If they've documented their communication with you to the court, that can also go a long way in their favor. Not that your silence is going to prove their case for them, but you ignoring their letters and calls isn't exactly going to help matters in front of a judge. This is just a matter of opinion, but I don't think that you asking them to prove it's your debt is going to hurt you. If they could do that, they would have filed with a court already, IMO. Also, more likely than not, they won't validate properly, you will have to send them the cases and FTC opinions and what constitutes validation, etc. Usually, by this point, these clowns will have walked away. You'll be stalling them and they really can't sue. Doing it your way is stalling them but you haven't done anything that would preclude them from filing and winning. Link to comment Share on other sites More sharing options...
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