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A couple of CAs were all over me last month when I decided to check out this forum in hope of getting them to back off. There are two accounts (SOL up in July 2007 on each) in question, and I was being called daily. Both accounts were reported by the OC with the CRAs as "charge off". There were no reports from any CA with any bureau. I DVd both CAs only, as well as disputing with the CRAs. Here's the results:

-No more calls

-Both deleted from all three CRAs

-BUT.....Got a letter from the OC from both accounts (they are the same bank now) basically requesting the I either swear that these accounts were never mine, or acknowledge that they are mine and am dropping the dispute, in which case they will continue to be reported as negative with the CRAs. They also say they will report if I do not respond.

Has anyone seen a letter like this? What should I do? Can they put them back with CRAs? Any help is much appreciated, and I am thankful that so many knowledgeable people are here willing to help.

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-BUT.....Got a letter from the OC from both accounts (they are the same bank now) basically requesting the I either swear that these accounts were never mine, or acknowledge that they are mine and am dropping the dispute, in which case they will continue to be reported as negative with the CRAs. They also say they will report if I do not respond.

Has anyone seen a letter like this? What should I do? Can they put them back with CRAs? Any help is much appreciated, and I am thankful that so many knowledgeable people are here willing to help.

There's two scenarios:

1) They really aren't yours, in which case you should file the appropriate paperwork with the bank.

2) They really are yours, in which case they absolutely can report for the 7-year period following the chargeoff.

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1 You disputed with the CA under the FDCPA. That is your right.

2 The OC is now demanding that you admit to the debt. I wouldn't. Just because you refuse to swear that the debt was never yours does not mean that you cannot dispute the debt. The FCRA states that the information in your report must be "complete and accurate" and if it is not, you have the right to dispute that information. The FCRA does not say that you must admit it is yours.

I would not answer. If they report, look over the TL for any errors. If you find any, dispute them. If they verify incomplete or inaccurate info, write them and tell them that the information they are supplying is incomplete or inaccurate, and then dispute again. If they verify AGAIN, you have a fairly easy delete on your hands.

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First off, thanks very much to all that replied.

I was sent a signed application on one of the cards. That's it. I agree that signing nothing is the way to go. I am actually more concerned that I have awoken a sleeping giant in the OC by disputing with the CRAs. My more immediate concern was stopping the CA calls. I know for sure the last payment made was in May 2003 and the SOL in NJ is 4 years. I plan on being more aggressive with deletions once I know time is up. What confuses me is that all three CRAs have already deleted. Is it common that they just delete for now to appease you, then put it back when I do not respond to the type of letter the OC sent me?

Thanks again..

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Also, does anyone think I am likely to be sued by the OC after this amount of time? These accounts have been through a number of collection agencies. I am much more worried about being sued than getting deletions at this point. I am losing sleep over thinking I made the right move by DVing the CAs, but a very wrong one in disputing with the CRAs and alerting the OCs that I am still alive. Any thoughts??? Thanks...

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Ahhhh......just realized something after reading here.....my disputes with TU went in as "not mine"......maybe why I got those type of letters from the OC. Had to do TU via phone and the guy kind of goaded me into the "not mine" thing after I was trying to be a vague as I could. Still a bit confused over why these were deleted and at the same time OC letters say that if you don't swear it must have been fraud, they will continue to report.

Still losing sleep BTW......

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