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Can you request a full Validation from OC / CA after 30 days


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Can you request a full "Validation of Debt" after 30 days from the last corresponce recieved from a CA or CO ?

If you cannot request a full VOD what should one do to get the CA's and OC's off your back and delete Trade Lines? Especially when you know they are reporting wrong and are Re-aging? In addition I have proof from statements and letters and old CR's.

Thanks

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Well, validation (at least in the sense of the FDCPA) doesn't apply to the OC...only to CAs. If the OC is reporting something incorrectly than you use the FCRA against them, and begin with a "gee, I think you've got it wrong letter" followed by an Intent to Sue if the first letter doesn't get their attention.

As far as a CA is concerned then the "30 day limit" in the FDCPA really only says that if you don't ask for validation within 30 days, they can assume the debt is legitimate and continue collections. But even after 30 days, you can still demand validation and they then have to abide by the rest of the rules.

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Well I guess that depends on what the OC is reporting and who they are. If the debt is bogus, and you have proof, then use an Intent to Sue letter based on whatever sections of the FCRA they've violated. If the debt is real, and its a judgement, then they can report for 10 yrs and even get it renewed for another 10.

More details?

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willing gave you the correct dichotomy. The FCRA is the way to go with the ICs.

If it is TL on your CR you are worried about, you dispute with the CRAs under FCRA.

If any of these are current account, you can dispute with teh OC under the Fair Credit Billing Act. Tell them what your dispute is, the $$ amount, and ask them to report it as a dispute. They cannot charge you interest on the disputed amount.

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Willing and Recovering,

Thanks for the insights. WIlling asked if these were bogus.

These are not bogus debts.They are debts that are have a DOLA of over 7 years. The problem is the the CA's are re-aging and showing incorrect DOLA. I would like to do a VOD but the law says you only have 30 days from the date a CA notifies you they have the debt. The CA notified me 4years ago. Sooooo. My question is weather or not I can legally request a full VOD since it has been more than 4 years since I originally heard from them.

I have proof of the correct DOLA in the form of old statements fron the OC as well as letters from the CA. In addtion I have credit reports pulled every 4-6 months for the last 2 years showing where they re-aged the account

Recovering. WHat is IC's?

hope I wrote this so it made since Tahnks again for ya'lls help

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Okay...Recovering's typing goes away every now and then...IC = OC = Orginal Creditor.

And note what I orginally said about the "30 day limit". You can DV at any time...

And, what you need to look at is what is the Statue of Limitations (SOL) for SC. If you've got your credit reports, what does the OC show as the DOLA, nevermind the CA. If this debt is beyond the SOL, then you have a legitimate reason to send these folks an Intent to Sue (ITS) letter pointing out that they have reaged the debt and are attempting to collect on a time-barred entry.

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The OC have already fallen offthe credit reports at the proper time required by law. However the OC's do not own the account anymore. It is owned by the CA. The CA is reporting the DOLA as the date they purchased the debt from the OC. which is in effect re-aging the account.

the SOL in SC is 3 years

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Okay, so LadyNRed answered the reaging question in your other post:

http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=21647

and, as I said before you can DV at any time. However, I'd suggest you do a search for other articles on reaging. Asset Management does that all the time, and there are several threads relating to how to fight them.

The bottom line is...even though they claim they bought the account, the DOLA is from the OC...they can TRY to collect on a time-barred debt, but you have the perfect defense should they take you to court....its beyond the SOL. I don't think I'd even bother with a DV...just send them a CMRRR saying its beyond SOL, go pound sand.

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