Collection Agencies for Crap One did not verify in time...

[secondchances]

I had two accounts with Crap One and they are both old; one is showing $1638 owed and a DOLA of 10/2001 and the other is $1160 showing April 2002 as DOLA. They were being reported with different DOLA before I disputed with the CRAs. The balances at charge off were each below $1000 if that matters. I've also had two different collection agencies contact me on these, one for each account and wrote back to them within the 30 days and neither have verified. Neither has reported either. I'm think that this account has be re-aged but how do I prove it? As I understand it, I can't make an OC verify but they continually verify with the bureaus. I'm not 100% sure about when I made my last payment but March 02 would be close to correct and I don't have any record to what account I paid it. I have some of my last statements but not all. Any advise on what my next step should be? I'm in GA and the SOL is supposed to be 4 years but I have heard that some try to sue on the 6 year.

[drivers86]

I'm in GA as well and have almost the similar situation as you do. I know that if I made payments on anything it would have been mid-2001 because between 2001-2003, I was one of the many who spent many unfulfilled days in the unemployment offices of GA. I found out that in GA the SOL is 4 years on CC. I was using a credit repair company to dispute with the Big 3 since 7/2005 and never received any form of validation from the OC. I am scheduled for Mediation with one of the CA's. I was able to gather my information from the resources on this site and at the FTC. I then sent the CA's another letter with return receipt notifying them that they have yet to provide validation pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (.

I listed the types of proof that I understand I have legal rights to request from them as proof of the debt they claim I owe.

Identify the original creditor;

The original contract with my signature to show I agreed to pay what you say I owe;

What the money you say I owe is for;

Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and

Explain and show me how you calculated what you say I owe;

Proof that the Statute of Limitations has not expired on this account

Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.

Intimate knowledge of the creation of the debt by you, the collection agency.

I'm sure you know, under FDCPA Section 809 (, you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.

I look forward to an uneventful resolution of this matter.

Sincerely,

[Your Name Here]

I am also waiting to here from a lawyer from one of the sites mentioned in the forums. I want to ensure that I'm well prepared for Mediation because if they don't show up with the proof, then I'm bailing and returning to court with one of the lawyers that has already won these types of cases against their CA's.

[myscoresawful]

I am being sued by Crap One's attorney/collection agency.

THey filed almost 4 months after the actual expiration of the SOL. We went to court and explained this to the judge and he reset the case til the 23rd of this month.

I DV'd them twice since then with no reply from them and they have verified with Equifax.

The thing is, they really are reporting and verifying wrong info.

Since this attorney took over the end of 2004, it all of a sudden shows that the DOLP was 7/02 when in fact, I never made a payment on it after 7/00.

I have credit reports from 2004 (earlier that year) that show the DOLP 7/00.

I am going to take it and my little green cards and MOV from EQ to court with me later this month.

I am hoping the earlier CR showing DOLP will prove to the judge (if admissible) that the atty tried to reage and toll the SOL.

We'll see what happens.

[secondchances]

driver86,

So in your case, Crap One did not actually sell the debt but hired a collection agency and that is who you are sending the letters to? Great letter by the way. Have you had an of our experts on here review it for complete accuracy? I wouldn't mind using it myself.

Again, in my case, the CA didn't verify in time so how do I go about seeing what Crap One actually on me if I can't by law, make them verify?

myscoresawful,

What is the name of the attorney that is suing you?

I read on another post somehwere that Crap One doesn't usually pursue anything under $1000. I wonder if they were talking about at the time of charge off or after years of fees.

???

[drivers86]

Trauner, Cohen and Thomas are the current violators. Two years ago, I was unprepared and ignorant when dealing with Hanna and Associates. Since I ignored their letters and summons, by the time I took action, the Judge said his hands were tied and they garnished my checks. It was a violation of my person that makes me nauseas whenever I think about it.

Now that I know the laws and which authorities to contact I am going to use them to the greatest extent possible.

You may opt to do the following:

Search this site for lawyers near your location who have experience with this sort of issue and who may also give free consultation. (My mother noted that when she went to court for a similar situation, every one that had their cases dismissed that day, (Had Lawyers With Them)

You could try sending sending a letter to our State Attorney General Thubert Baker, his Consumer Interest Department, the FTC, State Bar of Georgia and cc: all other parties involved including the OC, CA, Judge and CRA's.

Make sure you include your attempts to validate the debt including verification that the SOL has not expired pursuant the FDCPA.

As far as I'm concerned, these characters keep knocking on my door claiming to be my daddy. Just because they say they're my daddy, it doesn't make them my daddy. I want DNA evidence along with the papers. I want some history. If you claim to be my daddy, you'd better be able to prove it!

[direred]

You can't make an OC verify; that's the CA's job. There is no time limit specified in federal law for them to validate.

[secondchances]

You can't make an OC verify; that's the CA's job. There is no time limit specified in federal law for them to validate.

That is what I thought. Divemedic did say to dispute with the OC in his new credit repair update but he didn't mention what to do next. Do I call Crap One, do I write them? What? That is what i am confused about!!!