Dazed And Confused! Need advise

[carol124]

I'm fairly new to all this and have been reading posts pretty much nonstop for over a week now but am confused about a few things. I have received some advice but am still not exactly sure what I'm dealing with. I'm not very good with this whole posting thing yet and my poor brain is definitely on overload so please try to give as much detail as possible in your reply

I have a CC with a CA that I'm pretty sure is past the SOL (6 years in NJ). I made the mistake of setting up a 6 month payment schedule at $50.00 a month for 6 months to halt any further interest or phone calls. The schedule was set up over the phone. The payments are a direct debit by e-check. I am going to dispute the payment (made 2/3/05) and revoke the payment arraignment. I had set the schedule up on an account I was not authorized to use (separated husband's) so don't have to worry about changing accounts. I've already received advice about this in another post. I was told to dispute the payment and DV the CA.

I bought a CR online from EQ on 2/4/05. The CC is there under the OC (I guess as a Charge Off...it's very confusing). No listing for the CA. I called EQ today to ask for the DOLA (listed on CR as n/a) and was told they didn't have the account on file. The CR I bought does not update if I pull it back up online. It just says if I need another, I can reorder it (and pay another $9.50 I suppose).

Questions:

1: Was it even legal for the CA to accept payment if the CC was past the SOL?

2: If so, will it still show up as activity even if my husband disputes the payment? (Sorta like well, she made payment but then took it back. Is this considered activity?)

3: Does anyone know why this account would be on the CR I bought online but when I call a few days later, it's magically disappeared?

4: What exactly do I need to ask for in my DV letter to the CA? I have seen the sample DV letters but seem to remember reading something about also asking for info history on the CA's. I'm pretty sure the CA has bought this account so don't know how that figures in with validation (ie: if they bought the account, do they just have to supply a record of the purchase?)

I have to go make dinner now so will check back in an hour or so for replies

Thanks!

Carol

[willingtocope]

I can help with a couple of your questions:

1. Just because an account is beyond SOL does not mean that an OC or CA can't try to collect on it. Basically, it lives forever. The SOL only means that after that time, you have a positive defense should they bring suit. Also, the SOL has nothing to do with how long it will stay on your CR...and, furthermore, even if it falls off your credit report, they can still try to collect. (Except in Wisconson)

2. Its hard to say how your husband's stop payment is going to be reported. You'll have to wait and see, I'm afraid.

3. Why did the TL disappear? Again, hard to say. Was DOLA 7 yrs + 180 days? Maybe it fell off under normal circumstances. Regardless, I'll bet it shows up again.

4. I would suggest the standard DV letter under "Sample Letters" at the top will do...just be sure to add that this account is beyond SOL and therefore they will never be able to collect even if it is yours.

[carol124]

Thanks for your reply! The info is appreciated

1. Just because an account is beyond SOL does not mean that an OC or CA can't try to collect on it. Basically, it lives forever. The SOL only means that after that time, you have a positive defense should they bring suit. Also, the SOL has nothing to do with how long it will stay on your CR...and, furthermore, even if it falls off your credit report, they can still try to collect. (Except in Wisconson)

I do understand what you mean. I was just hoping there was a law against accepting the payment. I was thinking if the SOL had expired, they would have had no right to collect the debt to begin with

2. Its hard to say how your husband's stop payment is going to be reported. You'll have to wait and see, I'm afraid.

I was afraid of that I'm pretty sure the SOL has expired but am worried the payment will reset the SOL. Then I'll probably have to deal with this for the next 6 years because I can't afford to even offer a settlement amount.

3. Why did the TL disappear? Again, hard to say. Was DOLA 7 yrs + 180 days? Maybe it fell off under normal circumstances. Regardless, I'll bet it shows up again.

I really don't know the exact DOLA. That was why I called EQ. I remembered seeing a post that said CR's bought online usually just said n/a but if you called the CRA, they would be able to give you the info. The person at EQ said she could but then couldn't find the listing.

4. I would suggest the standard DV letter under "Sample Letters" at the top will do...just be sure to add that this account is beyond SOL and therefore they will never be able to collect even if it is yours.

I was thinking of doing something along those lines but don't know if the payment reset the SOL. That's why I've been trying to find out. I really hate being in the dark about this. I would certainly feel a heck of a lot better if I knew for sure what I was dealing with. Maybe then I could get some sleep

If anyone else has any thoughts on the matter or has experienced this problem, please reply. I know it must sound silly to be so worried about this but I just can't help it.

Thanks!

Carol

[carol124]

While waiting to see if anyone else replies tonight, I put together the DV letter to send the CA (NCO).

Would appreciate any comments or suggestions

Date

Your Name

123 Your Street Address

Your City, ST 01234

ABC Collections

123 NotOnYourLife Ave

Chicago, IL

Date

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is to inform you the e-check payment made on 02/03/05 is being disputed and I am terminating my electronic check/debit authorization. No further electronic checks and/or debits will be honored from my husband's account without HIS written authorization. If there are any future electronic checks and/or debits made to his account, they will be disputed and he will seek legal advice. Please be aware, my husband is THE ONLY AUTHORIZED USER OF THIS ACCOUNT.

This notice is also to inform you that your claim is DISPUTED and VALIDATION is requested. Be advised this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I request that your offices provide me with competent evidence that I have any legal obligation to pay you, including the following:

1: What the money you say I owe is for;

2: Explain and show me how you calculated what you say I owe including interest, penalties, late fees, and any other amount added to the original balance;

3: Provide me with copies of any papers that show I agreed to pay what you say I owe;

4: Provide a verification or copy of any judgment if applicable;

5: Identify the original creditor;

6: Provide the complete payment history including any payments made to the Original Creditor and Collection Agencies;

7: If you have purchased this account, provide the date of purchase plus amount paid for said debt;

8: Prove the Statute of Limitations has not expired on this account;

9: Show me you are licensed and bonded to collect in my state;

10: Provide me with your license numbers and Registered Agent;

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

Violation of the Fair Credit Reporting Act

Violation of the Fair Debt Collection Practices Act

Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this VALIDATION period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for suit. This includes listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure your records are in order before I am forced to take legal action.

This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

Your Name