ACCOUNT REPORTED AFTER ALMOST 8 YEARS?

[JENDELA1]

I just got a recent copy of my EX report and discovered a debt from MELBOURNE RECOVERY SERV for 1,623 dollars from 9/96. It became a collection as of 4/04.....is this possible?

I thought there was a seven year limit...can they really report it to a credit agency after 7 years and 7 months?

[blrogs]

I believe its seven years plus 180 days,however I do see 2 violations

1(15 USC 1681 c ) Producing a consumer report containing items of information regarding accounts placed for collection which antedate the report by more than 7 years

2 ( 15 USC 1681 e ) failure to employ reasonable procedures to assure maximum possible accuracy of the consumer report.

this should be easy to dispute citing the violations, however we all know there are a lot of idiots at the CRA,s good luck ! now wait for the pros to jump in here!

I,m still learning!

[flacorps]

http://www.sunbiz.org/scripts/ficidet.exe?action=DETREG&docnum=G93050000130&rdocnum=G93050000130

http://www.sunbiz.org/scripts/cordet.exe?a1=DETFIL&n1=P92000000269&n2=NAMFWD&n3=0000&n4=N&r1=&r2=&r3=&r4=ALUBA&r5=

[divemedic]

Has anyone tried suing the owners of a CA personally? Especially in a case like this, where they are all family?

559.72 Prohibited practices generally.--In collecting consumer debts, no person shall:

What do you think?

[blrogs]

I wouldnt think that a owner could be sued, thus Incorporation Law , this is why people Incorporate . to protect personal interest and assets. I would like to employ this as a invitation to research the possibility. we all know that laws were made by lawyers and thus there must be a loophole, otherwise it wouldnt be law?

Still Learning!

[divemedic]

Actually, incorporation is for tax advantage. If you can prove the incorporation was done to protect assets from litigation, you may still take personal possessions. It is called "piercing a veil"

Click here and scroll down to "fraud"

http://www.expertlaw.com/library/pubarticles/Business_Law/corporate_veil.html

[blrogs]

Yes i do understand that part however, one must prove this and i do agree with you on this but there is a burden of proof that has to be proved. i would like to see them held responsible! but how do we do this?

Still learning!

[adminppdotcom]

Has anyone tried suing the owners of a CA personally? Especially in a case like this, where they are all family?

559.72 Prohibited practices generally.--In collecting consumer debts, no person shall:

What do you think?

I have sued and won against the CEO, manager, and employees of a few debt collectors.

What statute is this from? -559.72 Prohibited practices generally

I believe its seven years plus 180 days,however I do see 2 violations

1(15 USC 1681 c ) Producing a consumer report containing items of information regarding accounts placed for collection which antedate the report by more than 7 years

This would be an allegation against the consumer reporting agency, and it would require the consumer to first dispute the account as "obsolete" which would trigger the consumer reporting agency and the debt collector to EACH conduct an investigation into the matter.

Make sure to write your dispute as clearly and detailed as possible. Here is an example I used for Fleet:

__________________________________

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[CRA INFO]

[date]

Dear Sirs,

I have been notified of a recent change in my credit report. After investigating the change, I am requesting an investigation into the matter.

Please find enclosed a copy of the "Alert" from my subscription to the Credit Watch Service, regarding Fleet CC acct# 442887448201XXXX. The "New Information" lists the "Date of Last Activity" as being changed from 3-1998 to 11-1998. This change adds an additional 8 months to the reporting period of the account.

I have been in contact with Fleet for several years regarding the date of original delinquency on this account, and to date I have not received any cooperation from them. It is my belief the account is obsolete and should be deleted, however, in compromise, I settled on the fact it would be obsolete on 3-2005. But now with this change, the account is not scheduled to be obsolete until 11-2005.

Please conduct an investigation into this matter and respond to this letter within 30 days of receipt, with the results of your investigation.

[sIGN]

[name]

Social Security #

Phone #

[flacorps]

Incorporation does not shield those owning or working for the corporation from liability for wrongs personally done by them in the course of their business. When you sue a corporation, if you know exactly who did something wrong, you add them personally to the lawsuit as well.

Corporations protect their owners from personal liability for wrongs not done by them and debts not undertaken by them. They allow people to passively put their money at risk without having that risk exceed the amount of money they put in.

Even so, if a corporation fails to be adequately capitalized (is a hollow shell), fails to follow corporate formalities (directors meetings, etc.), fails to adequately insure, or is flat out the "alter ego" of an individual or group of individuals who run it imperiously, the corporate veil can be pierced.

[credit_on_mars]

I just got a recent copy of my EX report and discovered a debt from MELBOURNE RECOVERY SERV for 1,623 dollars from 9/96. It became a collection as of 4/04.....is this possible?

I thought there was a seven year limit...can they really report it to a credit agency after 7 years and 7 months?

Hell, I've got this one beat. An old, closed, forgotten about Master Charge account from the early 1970's is making its round through the CA idiots and they are still trying to get me to pay up. Problem is, I closed that account 25 years ago with a zero balance and in good standing! Oh well, it gives me something to do when they call 8)