lucig284 Posted October 1, 2003 Report Share Posted October 1, 2003 I need some advice... I checked PG this AM and low and behold I find Sherman Aquisition listed twice. They are both for SEARS accounts..opened in 1997, one is Sears Master Card and the other is the regular Sears card. I posted before that our only income is SSDI and VA Pension and from what I have been able to learn, they can not touch that income. I have an old bill from Sears from 10/99 stating that the accounts were 3 months over due. It looks like Sherman is saying that the date opened is June 2003. Can they do that??? Is there a letter I should send them about finding these listings on our CR ??They have placed these accounts with NCO and Capital Management .. I mailed out DV letters on Monday to both CA's.How do I go about disputing directly with Sherman ?? Do ya'all think I should send them a letter telling them that they are wasting their time since we have no garnishable income??Luci Link to comment Share on other sites More sharing options...
LadynRed Posted October 1, 2003 Report Share Posted October 1, 2003 The date opened that Sherman is reporting is the date THEY got the account. As long as they do not monkey with the ORIGINAL date of last activity, then they are within the law.Do not write them and tell them they're wasting their time, but if they're bugging by phone you can send a limited cease and desist to stop the phone calls and limit them to mail only. Link to comment Share on other sites More sharing options...
lucig284 Posted October 1, 2003 Author Report Share Posted October 1, 2003 I am almost positive that both of the accounts are past the SOL. (4 yrs. in FL.) Should I dispute with them or with the CRA? Link to comment Share on other sites More sharing options...
LadynRed Posted October 1, 2003 Report Share Posted October 1, 2003 If you have proof that these accounts are beyond the SOL then by all means send them a total cease and desist telling them never to contact you again as the debt is time-barred.WhyChat has an excellent letter for this purpose. He also provides a 2nd letter that you use to dispute the entries on your CR as invalid using the SOL.You can find those letters here:http://community-2.webtv.net/YCHANGE/STORAGE/page13.html Link to comment Share on other sites More sharing options...
lucig284 Posted October 1, 2003 Author Report Share Posted October 1, 2003 I have an old bill from Sears from 10/99 stating that the accounts were 3 months over due. I think that would mean that the SOL would have started in either June or July 1999. Right ?? Link to comment Share on other sites More sharing options...
lucig284 Posted October 7, 2003 Author Report Share Posted October 7, 2003 If you have proof that these accounts are beyond the SOL then by all means send them a total cease and desist telling them never to contact you again as the debt is time-barred.WhyChat has an excellent letter for this purpose. He also provides a 2nd letter that you use to dispute the entries on your CR as invalid using the SOL.You can find those letters here:http://community-2.webtv.net/YCHANGE/STORAGE/page13.htmlI have looked and looked until I can hardly see anymore and I can't find the right code to put into the SOL letter. Can you guys take pity on this old lady and tell me what I should put down for this.. Code ,§ __________I really want to get these jerks off my back and I don't want to screw up!!Thanks, lucig Link to comment Share on other sites More sharing options...
LadynRed Posted October 7, 2003 Report Share Posted October 7, 2003 Here ya go FLORIDA SOL &CAUSE OF ACTIONSection 95.11, Florida Statutes, as follows:OPEN ACCOUNTS.Within 4 years -an action founded on a statutory liability, or a legal or equitable action on a contract, obligation or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts.Its on this page:http://community-2.webtv.net/Y-Chat/WhyChatsCredit/page10.html Link to comment Share on other sites More sharing options...
lucig284 Posted October 7, 2003 Author Report Share Posted October 7, 2003 Thank you !!!! Link to comment Share on other sites More sharing options...
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