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Did I just screw it up??


c m chase
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Yikes...I'm an idiot.

I've been trying to get rid of these stupid COs. Experian is the only one showing them now (because they don't do their jobs) because the others deleted.

Well, I emailed people at one cc company and said basically I didn't recognize the account and want to see some documentation showing my signature and an accounting history.

I ended up talking to this woman on the phone (yikes...should not have done) and couldn't lie about an old address and old bank account of mine. (I'm SOOO bad at lying...see Rav??)

SO...this woman is like 'doesn't look like fraud, you probably just forgot about the acct, fax us your printed name 3 times, signature 3 times and we'll compare them, we can't send you anything because Collection Agency owns the account now'.

I didn't do that. I get a voicemail from her today saying 'didn't get your fax, if we don't get it, we'll assume it's not fraud and tell Collection Agency it's not fraud and to continue to collect'.

Eeep! I just wanted to see if they had documentation. LOL Which...they don't, they say Collection Agency has it all now because they bought the account. CA has had this acct in dispute for several months now and won't respond to DV at all. Lady at cc company said DOLA was 4/10/01 (SOL is 3 years in OK...so out of SOL by a week :shock: ).

I'm still worried they're going to contact CA and say 'go get her'. Should I email cc company and say I was advised to not send in my signature or send it in and say 'I still don't recognize that account' or what?? Lady had copies of a couple checks that I'd paid my acct with.

I'd think if CA had anything still, they'd give me copies, but they haven't. Don't know what's up with that. I just don't want cc company to tell CA that I just admitted it's not fraud!

Screwed? Where do I go from here? (I don't want to just push the SOL thing, since it's so close)

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Me I'd sign with my left hand (Iam right handed) and send it in or have some one else sign your name and send it in. Hey its America you can change your signature any time you want.

Or tell her you mailed the signatures your fax was broken. Then wait and see what happens.

Other than that it looks like the collection man is gonna come calling.

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That's sorta what I was thinking. Like I should tell her that I was advised to NOT give my signature for my protection or something and to demand to see copies of original documents from whomever has them. (She said she doesn't....the CA won't contact me at all)

I dunno. Still waiting on ideas. :D

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Interesting! If you did fax them your Signature (I would Not!) what

are they going to compare it to? They must have something to compare

it to...

I had the same happen to Capital One, The wanted to compare my

signature to the one on the application. I wanted to see if they had mine

and she said if she sent it to me then I could change the way I sign my

name..

If you Paid by check then they have your signature already! With

this they could show it's you.

Also, signing with your left hand or right, you still have the same

pattern.. If you do like mentioned above in another post make sure

another person signs it.. Then hope in the future someone don't

get your signature and compare!

I would not send signature...

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If the OC says the CA is in possession of all documents, have them send you that in writing. Send a documentation demand to the OC by mail. Let them respond in writing that they don't have it. once they do that, all your efforts should focus on the CA.

Also, the letter admitting no documentation can be sent to the CRAs as proof to go a long with your dispute of the OC's tradelines.

If the OC doesn't respond, no worries, send another letter, then a third. Once you have proof you have demanded documentation 3 times and got no response, you send that to the CRAs demanding removal.

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Well, I went ahead and sent her an email saying I was advised to not send my signature in and that if they can't give me the documents, I would be in contact with the collection agency to get them.

I got another call from her saying she talked to the collection agency, told them it wasn't fraud and they said it was ok to send the statements and such. (?) Whu? But anyway, they're supposed to send me docs. We'll see what they send.

My question is now - after I get the docs from the OC, what do I have against the CA as far as DV goes?? This is all confusing the hell out of me. :?

I want this stupid thing off my reports! :lol:

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I'm pretty sure the cc lady said she called the CA and they told her "it's ok to send the docs" because there's no fraud. Which doesn't make TOO much sense to me anyway. Why would the OC have to have permission? (She made it sound like since the OC SOLD the acct, the CA owns it all now - - - but why would they still have the docs at all in that case?)

That was kinda what I was thinking too, though, since the CA didn't have the docs to send, I guess. However, now that the docs are coming, it would be easy for the CA to get a copy of them too, yeah? I would assume?

I guess I could still say something to the CA like "I don't know what YOUR company has and what fees YOU'VE added...give me YOUR docs". Eh? :?

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If they are saying they bought this debt, then the docs have to come from them, even if the OC sends them to them first. You hit it right on the head, what the OC says you owe, isn't going to be what the CA says you owe. They will of course add fees and more interest.

I've never heard of an OC who kept the files from an old debt they sold. Once you get everything, I'd look it all over, and find problems with it. Then send them a letter stating this is not a valid validation, because .....

The overall $$$$ doesn't match

No contract sent

Interest charges are illegal as per state laws, goes against contract, etc.

Whatever you can find. I'll give you 10 to 1 odds it'll be an improper validation.

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Sweet. Thanks, Jazzcow. :D I didn't really think about that - the original docs would make the CA not have a proper validation. HMMMM.

The CA also sent it to a collection lawyer (who I've dealt with before and HATE)....I've been trying to get them to validate forever now. They just keep jacking around with "THEY say you owe, so you DO owe" b.s. :roll:

I think my next letter to the lawfirm is about to go out. They're lawyers - they should know better. lol

Thanks again. :wink:

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Have you caught them on violations while you've been waiting on validation?

If not, make sure and dispute with CRA's (if it's reporting already), that way if they don't mark as "Disputed", that one violation. If they update with the CRA's, that's another violation.

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Well, the thing they did RIGHT (unfortunately) is mark the account in dispute. It's been marked in dispute since like November. lol :roll:

If the OC shows a totally different balance - which I'm sure it will, I have them on all this....which I just told them about via email...woman was like "WHOA! Let me take care of this for ya":

Reporting information with actual knowledge of errors

Reporting information after notice of errors

Failing to correct and update information

Using false representation of a debt

Continued collection activity without providing validation of a debt

Using communication which simulates a document issued by a court (their lawfirm gave me a fake court-looking thingy)

Using false representation that documents are legal process

Introducing false information to a credit reporting agency (Oklahoma law)

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Right around $3500. That Oklahoma statute is worth $5000 by itself. Altogether it's $9000 if all those could go through (1 state violation, 3 FCRA violations, 4 FDCPA violations).

HOWEVER, if they could prove this by documentation, I'd have very little on them to file complaints on (just the legal process ones and continued collection activity - sending it to lawfirm...worth $1000 total)

I didn't want to push this part of it until I see what the OC has to say via documentation. If by chance it all matches up, I'd have nada, I think. Yeah?

I already told them of all the violations, but this was right before the OC contacted them and so nicely said "Yeah, this isn't fraud...continue collections"

I guess I'm just confused on everything overlapping like it has. I just shouldn't have contacted the OC until I got rid of the CA. Didn't even really think about that part of it.

:evil:

I'm really not interested in suing these folks at all....just would like to provide the violations for reasons to file against them with the BBB, AG and ACA. We'll see what the OC says and if the CA continues to 'work on' resolving the issue. :roll:

Thanks, Jazzy. :D

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:roll: Egads. Here's what I get in the mail today from the OC:

Copies of all statements from when I opened the account

2 checks written by me to pay for the account

a long letter telling the dates of everything that happened

In that letter the OC said "we are going to forward the CA a copy of your letter and emails and our response". :shock::shock::shock:

DUDE. That gives them copies of all that stuff, which I don't think they even had before!!!!!!!!! I'm such a dummy....I should NOT have even contacted the OC! :roll:

I shoulda stopped while I was ahead on that one. CRAP. I'll be looking for an attempt at judgment now, I guess.

I know my 3 year SOL was up this month, but that makes me worried that OK isn't REALLY 3 years...that someone messed up in law interpretation! (A lawyer told me it was 5 years on cc's) I can't make heads or tails of the law by reading it. :shock:

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