rockbottom3 Posted June 26, 2005 Report Share Posted June 26, 2005 Hello everyone! This is my first post here but, I have read through alot of great info. I recently was contacted about a debt with Sears. I was contacted by ACI. They contacted me at my job(don't know how they got the number?) and assked me to settle with them. I asked fora letter to see who they were and so I can send them DV. I did not recieve that letter and was contacted again by a "legal Advisor" who stated he had the account since May and I could not DV them B/C of it being over thirty days. I then questioned him saying you did NOT have the right address therfore I need a notice. He preceeded to call me a "moron and said he wanted to talk to my payroll dept. to garnish my wages. I am going to use the sample DV. letter on this site unless someone has a better idea. My main Q is can I still DV them? Also it shows on my report twice with Sears and this ACI company is that normal? I do have my credit report (TU). Sorry for the length! Link to comment Share on other sites More sharing options...
rockbottom3 Posted June 26, 2005 Author Report Share Posted June 26, 2005 Also how can you tell when the SOL expires? Link to comment Share on other sites More sharing options...
willingtocope Posted June 27, 2005 Report Share Posted June 27, 2005 Absoultely you can DV them. The 30 day clause in the FDCPA only says if you don't dispute within 30 days, they can assume the debt is valid and continue collections. You never give up your right to DV. Be sure to include a sentence that says that all further contact should only be in writing.They've already committed some violations of the FDCPA by "overshadowing"...ie, making you, the unsophisticated consumer, beleive that they are about to take legal action that they may not be able to do. For example, they can't just garnishee your wages without first getting a judgement. And for that matter, wanting to talk to the payroll department and, presumably, disclose your debt to a third party is another violation.Now the bad news is...your conversation wasn't recorded, so at this point its your word against their's...so you haven't got a suit against them yet.As to whether it can appear on your credit report twice, it depends on how its being reported. Probably, yes, but there are some stipulations..As for when the SOL starts, depends on your state. Usually, its from the DOLA (Date of Last Activity) meaning when you last brought the account current, but it does vary from state to state... Link to comment Share on other sites More sharing options...
rockbottom3 Posted June 28, 2005 Author Report Share Posted June 28, 2005 thanks I did DV them today certified mail. I included the letter I recieved, a copy of the envelope sent to show the date sent by them and finally the letter at this site for DV. I'm in IL, I know the SOL expires at 5 years, but I am not certian to what my credit report says is the final date. It shows 3 lines I know the first is when it was opened which was 3/96. there are 2 more though one at 6/03 showing $0, the third says 8/02 purchased by different lender. I am pretty sure I did not have this card though even in 2000. kind of strange. Link to comment Share on other sites More sharing options...
willingtocope Posted June 28, 2005 Report Share Posted June 28, 2005 Ah, then what you're dealing with is a Junk Debt Buyer (JDB)...the original creditor has written off you debt against their income tax and has sold the right to continue to hassle you to someone else. You really don't owe the JDB anything...but you'll have to do some more research to fight them. They paid pennies on the dollar for your account...Its the first TL you're really interested in. That should have an entry for DOLA, or maybe the date you last made a payment. The DOLA actually starts on the next billing cycle from the date the account was last brought current. In other words, the bill that first said delinquent. The JDB can't change that, and if you last paid on the card in 1999 then its beyond the SOL and these people can't force you to pay... Link to comment Share on other sites More sharing options...
jimdiamond Posted June 28, 2005 Report Share Posted June 28, 2005 wow, you guys are good. Link to comment Share on other sites More sharing options...
Methuss Posted June 28, 2005 Report Share Posted June 28, 2005 The CA has also committed a few violations of the FDCPA to date and probably the FCRA as well.As willingtocope said, the CA is not allowed to change the date of last activity on the account even though they are reporting a new tradeline under their own name. If your last payment was in 1999, and they did not report it on their own tradeline as such, then they have just handed you all the ammo you need to collect $4000 off them (one for the FDCPA, and one for each of three credit reports).You should now send a dispute to the CRAs that this is reporting on stating that the listing is fraudulent by the CA. Since the debt is time-barred, the CA is fraudulently reporting because they have no legal right to collect on the alleged debt.If the CA is stupid enough to verify the tradelines, then add another $1000 for each verification they do. Under the FCRA each offense is a seperate $1000 claim you have against them. Under the FDCPA it is $1000 for all claims. These amounts are just the statutory, you may also claim extra if you can show the damage they have done was willful and has caused you to be denied credit, prevented you from engaging in commerce of any kind, or even if they caused you emotional distress.This is your leverage. Especially useful if the potential damages you can claim exceed how much they are trying to collect. Link to comment Share on other sites More sharing options...
rockbottom3 Posted June 28, 2005 Author Report Share Posted June 28, 2005 I got another phone call at work today. The third of its kind since I told them not to call there. This time however the representitive told me she did some checking. She said the have no way to do a DV since it was assigned to them. I told her then she must get it taken off my record then. She then asked me if I remember the account I replied "NO!". She then said but its under your SS# so its got to be yours. I then responded by saying Companies can make mistakes too. If you cannot prove I owe you the debt, then me must take this off my record. She then asked if I sent the letter and that they will wait for it. Should I get a lawyer involved yet or wait to see what they do next? Link to comment Share on other sites More sharing options...
rockbottom3 Posted June 28, 2005 Author Report Share Posted June 28, 2005 the report also is not showing a DOLA. I got this report from my work should I get a different one? Link to comment Share on other sites More sharing options...
rockbottom3 Posted July 3, 2005 Author Report Share Posted July 3, 2005 wanted to say thanks for the help so far and have a great fourth of july. Link to comment Share on other sites More sharing options...
rockbottom3 Posted July 7, 2005 Author Report Share Posted July 7, 2005 Appricate the help everyone. Do I send a letter to the CRA's now or wait till close to 30 days? Do I send to just one CRA or to all? thanks in advance. Link to comment Share on other sites More sharing options...
codename_fortyseven Posted July 7, 2005 Report Share Posted July 7, 2005 Get a tape recorder, like yesterday. Start logging all these false or misleading claims and threats of action they can't take. Sounds like one phone call would do it. Stay off the phone until you get the recorder. When you get the green card back for your DV, dispute with the CRA's. Link to comment Share on other sites More sharing options...
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