thestr8circlesd Posted February 26, 2005 Report Share Posted February 26, 2005 hey everyone, this is my first post to this board although I have been reading and learning from it for a long time. Anyways, I have 2 CA's on all 3 of my CR's and they are both by a company called the Fallon Agency out of San Diego, where I live. I have sent DV and CD letters to them a number of times and they have not sent me anything in return. Finally I get a call from them (offense?) saying that my "dispute" extended the SOL another 4 years and that I should just pay them off. It clearly stated in my letter that this was not a dispute, just a DV.Is this SOL extention true or just a shady way for them to scare me? They report this debt every month to the CRA's and it is the only thing I cannot get off my report. If I am correct I think that they cannot call me or report this debt to the CRA until they have verified and I now have enough grounds to sue.What do you think? B-SD Link to comment Share on other sites More sharing options...
retmar Posted February 26, 2005 Report Share Posted February 26, 2005 First off, what they told you is a lie. The only way to restart the clock in California is by a signed agreement to pay. Get this ADUB to put that in writing and send it to you. Then we will have some fun. If they refuse, say nothing and hang up. Then you will prepare the letter to send them packing. What was said is illegal. Be sure and have the date, time, name, and main verbiage of conversation. Also, do the same for the other call while it is fresh in your mind. Do not record as California is a 2 party state.1. What is the DOLA?2. Were you notified in writing, within 30 days, before or after, their reporting this to the CRA's? If no, you have a violaiton.Go to the Credit Repair Section on this site and click on the "Sticky" titled "The Law in Calif". Read, read, and read some more. Most everything you need is there. Link to comment Share on other sites More sharing options...
thestr8circlesd Posted February 26, 2005 Author Report Share Posted February 26, 2005 the DOLA is some time in 98 on both of the debts. I have never seen a letter from this company so I have never made any payments. DO you suggest I sent an ITS if they don't delete to the CA? What I really want is this debt off my records as I have no idea what it is. Do you think the ITS will scare them enough to just delete it based on my log of the conversation? I have details, I know the guys first and last name, I intentionally mentioned that the SOL was long gone to see what he would say, he said exactly what I hoped he would. I don't care about the money, I just want this removed.B-SD Link to comment Share on other sites More sharing options...
retmar Posted February 27, 2005 Report Share Posted February 27, 2005 Send them an ITS for the violations. Be sure and include word for word of what you can remember to demonstrate your seriousness. Give them 10 days from receipt of your CMRR letter to postmark a letter to you that they have closed, deleted, and gone to eat Maggot Droppings, or you will sue them. This debt is timebarred and they have no legal recourse to the debt. Your State reference is CCC 1788.17 though .14 does cover it. It is just that .17 covers more territory, so to speak.Read our sticky I mentioned to get your info together. If you want, post your letter here, without personal info, and we will gladly critque it for you. Myself, I will be out of town next week. Link to comment Share on other sites More sharing options...
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