Swolf Posted April 17, 2007 Report Share Posted April 17, 2007 I DV'd a CA regarding a credit card showing on my CR. It has been disputed before through the CRA's and came back varified. (Prior to this site). So Iwent through made files for all collections and sent DV's. I get back a letter last night and this is what it states:I am in reciept of your letter dated 4/9/07. Please be advised this was a commercial transaction and does not fall under the Fair Debt Collections Practices Act does not apply. TBF aquired this account from GE Capitol on November 14th 2002. When you worked for <name>, a credit card was issued to you for business purposes. You used your card and there is an outstanding balance. <Name of Company> has not made payment on the account balance and as the cardholder, you are responsible and obligated to make payments and satisfy the account. Please call me to resolve this matter. Thanks, AdamThey attatched the credit cards Card holder agreement. No other valadation, not my signature not my statement nothing. The account is past SOL (5 years in florida, and is due to drop off in July. My question IS this really the case, that because it was a business account that the FDCPA does not apply, obviously I want it gone and it will not be paid , so besides a nutcase letter should I just let it die or what sould be my next step?Thanks for all your help CIC Rocks Link to comment Share on other sites More sharing options...
timbercreektech Posted April 17, 2007 Report Share Posted April 17, 2007 The FDCPA does not apply to business accounts. I never heard of them going after a consumer though. Is the business still around? I would call the business manager or finance director of this company and have a nice ITS (Intent to Sue) chat. Link to comment Share on other sites More sharing options...
Swolf Posted April 17, 2007 Author Report Share Posted April 17, 2007 Sue GE.For what? Link to comment Share on other sites More sharing options...
timbercreektech Posted April 17, 2007 Report Share Posted April 17, 2007 After reading closer I thought GE was the company you worked for. I revised the post. My bad. Link to comment Share on other sites More sharing options...
Swolf Posted April 17, 2007 Author Report Share Posted April 17, 2007 Ok sorry if there was confusion in my typing. But now I am confused. I know the debt is mine and if it doesn't fall under the FDCPA what would I sue for? It is past the 5 years SOL or does that not apply and it can stay on my CR forever or until I pay it? Link to comment Share on other sites More sharing options...
IHateCAs Posted April 17, 2007 Report Share Posted April 17, 2007 Read the cardholder agreement and see if you are responsible for the debt. Link to comment Share on other sites More sharing options...
Swolf Posted April 17, 2007 Author Report Share Posted April 17, 2007 Read the cardholder agreement and see if you are responsible for the debt.I just re read it and I am responsible for the debt. The debt was accumulated in 2000 so 7 years are up and should come off this year, unless it goes by differnt rules. Link to comment Share on other sites More sharing options...
IHateCAs Posted April 17, 2007 Report Share Posted April 17, 2007 Tell them to fark off then if you are certain it DEFAULTED in 2000. Link to comment Share on other sites More sharing options...
Swolf Posted April 17, 2007 Author Report Share Posted April 17, 2007 Tell them to fark off then if you are certain it DEFAULTED in 2000.Ok, thats what I thought, it isn't under the FDCRA but it does go by the statue of limitations and the 7 year reporting criteria under the FDCRA? Do I have that right? Link to comment Share on other sites More sharing options...
IHateCAs Posted April 18, 2007 Report Share Posted April 18, 2007 No. Link to comment Share on other sites More sharing options...
Swolf Posted April 18, 2007 Author Report Share Posted April 18, 2007 lol, ok I will tell them to FOAD, and just wait for it to be deleted, thanks for your help. Link to comment Share on other sites More sharing options...
direred Posted April 18, 2007 Report Share Posted April 18, 2007 If it was business debt, it should NEVER have appeared on your personal credit. Link to comment Share on other sites More sharing options...
cracrap Posted April 18, 2007 Report Share Posted April 18, 2007 biz debt gets listed on personal cr all the time ,,just because it shouldnt be there doesnt mean that it isnt.....aarrrgghhhh!!!! was that confusing??im fightin the same battle Link to comment Share on other sites More sharing options...
Swolf Posted April 19, 2007 Author Report Share Posted April 19, 2007 biz debt gets listed on personal cr all the time ,,just because it shouldnt be there doesnt mean that it isnt.....aarrrgghhhh!!!! was that confusing??im fightin the same battleDoes that mean I could dispute as business and not personal, it really doesn't matter much it is due to fall off in july, so only a little more then 2 months . Link to comment Share on other sites More sharing options...
willingtocope Posted April 19, 2007 Report Share Posted April 19, 2007 Personally guranteed business debt can indeed appear on your personal credit reports. (One of the things employers don't tell you when they hand you the "company credit card" and say sign here, is that you're signing a personal gurantee). So, the bad news is...its a personal debt....but, because its "business related", the FDCPA doesn't apply.) Link to comment Share on other sites More sharing options...
Swolf Posted April 19, 2007 Author Report Share Posted April 19, 2007 Personally guranteed business debt can indeed appear on your personal credit reports. (One of the things employers don't tell you when they hand you the "company credit card" and say sign here, is that you're signing a personal gurantee). So, the bad news is...its a personal debt....but, because its "business related", the FDCPA doesn't apply.)Well I appricate all the info I have gotten. I have decided to just let it drop off. Its amazing how easy it is to get into this mess and such a pain in the butt to get out. But thatnks to the people here I know its possible and I am getting there one day at a time. Link to comment Share on other sites More sharing options...
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