mzsyd Posted May 22, 2007 Report Share Posted May 22, 2007 This is a chargeoff account still with CITI that mysterious disappeared from my credit reports about a month ago. I did not touch this account at all in fear of awakening a monster that I am not ready to face. According to my EQ report from April 2006 the DOLA is 7/2004 and DOLP is 5/2003. I live in CA. I know SOL here is 4 yrs, but I do not know which date applies to the SOL. The amount past due was for $2,275 according to the 4/06 report. Today, I recieved a call from my ex husbands sister that Citi left a message for me w/ her husband and had told him that the amount I owe was $3937.39 to be exact. Long story but I have been divorced for over a year and no longer living at that residence. My ex do not live at the residence anymore as well. I have made my address changes since Jan. 2006 to my current address. I am very upset and totally embarassed that other people know my personal business! Especially the ex-in-laws! Now, the his entire family know I'm in trouble/debt.How is it right for Citi to go about telling anyone who answers the phone about my debt? Is there anything I can do about this? Link to comment Share on other sites More sharing options...
mzsyd Posted May 22, 2007 Author Report Share Posted May 22, 2007 He left his name and offer to settle from 3900 to (a whooping discount) to 3149! If I called to settle. Link to comment Share on other sites More sharing options...
mzsyd Posted May 22, 2007 Author Report Share Posted May 22, 2007 Just found out he is not from Citi but from a collection agency Creditors Financial Group in CO on behalf of CITI. Link to comment Share on other sites More sharing options...
someonesomewhere Posted May 22, 2007 Report Share Posted May 22, 2007 Did the CA leave a message on an answering machine or with someone?If it's on an answering machine, will your ex in-laws make a copy of the message on an audio tape? Or let you make a copy? That message is gold.If they left the message with a person, is that person willing to sign a statement attesting to what they were were told? If so, ask them to right down in their own words exactly what they remember being told. Time of day, date, and ask them to sign it. If they have Caller ID, get the number and name of the business (if any) appearing on the Caller ID unit. Ask them to take a photograph of the Caller ID unit showing the phone number and date/time. Go buy a disposable 35mm and take it to 'em if needed. Link to comment Share on other sites More sharing options...
someonesomewhere Posted May 22, 2007 Report Share Posted May 22, 2007 Oh, and the violation of law the CA committed is FDCPA § 805(.http://www.creditinfocenter.com/legal/FDCPA.shtml#805( COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. Link to comment Share on other sites More sharing options...
mzsyd Posted May 22, 2007 Author Report Share Posted May 22, 2007 Thanks for the reply! I appreciate it!They spoke to a person living at the residence (ex's sister husband). He is willing to give me a written statement and as far caller ID...I believe they had caller ID while I was living there. I have a digital camera and it should be no problem taking a picture of it. "He" left the account number his with his ext. This is the very first time I have heard anything from this account. I was surprised when they called and told me I owed citi $3900! I requested address forwarding when I moved out in Jan. 2006 but I guess it have since expired. My address is updated on my credit report, and I did see a inquiry from that company on my experian.What is my next step? Wait? Or file a complaint with the FTC? Link to comment Share on other sites More sharing options...
someonesomewhere Posted May 22, 2007 Report Share Posted May 22, 2007 I wouldn't waste time with an FTC complaint. It goes in a pile, and little gets done with them.Have you pulled your CRs to see whether the collection has been reported? If it has, then use the CAs address on the CRs to DV them. Have they sent you anything in writing? If so, use that address to DV them. If all else, on your EX report there should be an address for the INQ.http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=267313If the DV makes them go away, great. But if not, perhaps they will violate the law some more for you. That's a good thing as it spells payday for you.Check their first written notice to you, assuming you get one. See whether it complies with FDCPA § 809(a). If not, that's another violation.http://www.creditinfocenter.com/legal/FDCPA.shtml#809Heck, maybe they'll be dumb to call you at 3 AM.Collect enough violations, whether they are still reporting on your CRAs or not, and you can sue 'em. Link to comment Share on other sites More sharing options...
someonesomewhere Posted May 22, 2007 Report Share Posted May 22, 2007 Since it is a CA, and since they did so flagrantly violate the law, even if they go away you still want to bring a lawsuit and/or get a PFD with an ITS letter. I would go ahead and DV them now. See if they'll violate some more.Even if the TL drops completely off your report, you might still wanna bring a lawsuit. You've got 'em dead to rights on one violation. Get a couple more, and you could get paid to take this off your CRs.Read Dive's Revised Primer. Link to comment Share on other sites More sharing options...
mzsyd Posted May 22, 2007 Author Report Share Posted May 22, 2007 I have not recieved any letters, but the ex-in-laws have recieved some of my mail and of course (not surprisingly) they opened my mail. I called his (the ex) sister to read my already open mail and she said it is from that same collection company, the date of that letter is 4/20/07 and it asked that I respond within 30 days to this letter. What date is it that I finally found all this out!? 5/21/2007! I have not yet seen this letter. Link to comment Share on other sites More sharing options...
AISLE4 Posted May 22, 2007 Report Share Posted May 22, 2007 WARNING! WARNING! WARNING!The SOL on this account is about to expire if your date of last payment was 5/03 and the SOL in Cali is 4 years. I wouldn't DV the collection agency. Citi has a growing reputation for suing immediately upon receiving the DV. If the collection agency continues to contact you AFTER the SOL has expired, tell them that the SOL has expired. It might not stop them from trying to collect but any attempt will be nothing but bluster.You are lucky. This is a rare example of Citi dropping the ball. They usually get very aggressive 6months to a year before the SOL.I'd go to www.budhibbs.com to get info on the collecton agency. Link to comment Share on other sites More sharing options...
mzsyd Posted May 22, 2007 Author Report Share Posted May 22, 2007 I was not sure if it SOL was up yet because of the different DOLP and DOLA. I'm going to sit back and wait for more violations. I researched the company and it seems they will break all the rules in the book...let's see how nasty this one will get.Just updated on truecredit and no new account has come up...or lets say the account have not been reinserted? Link to comment Share on other sites More sharing options...
AISLE4 Posted May 22, 2007 Report Share Posted May 22, 2007 Well, don't sit back. You need to find out exactly when the SOL expires. There has been discussion and confusion here about that issue. Some seem to think the SOL starts on the date your last payment posted to the account. Others think the SOL starts on the date of the first payment missed. There is a correct and definitive answer. I, frankly, have forgotten.And I wouldn't depend on your credit reports telling you the truth. CAs notoriously play with those dates. It's best if you can prove the date with your own account statements and records. Link to comment Share on other sites More sharing options...
someonesomewhere Posted May 23, 2007 Report Share Posted May 23, 2007 If you DV 'em, they cannot sue until they validate.Print copies of CRs showing the DOLA and/or DOLP.Since the SOL is very close, might be best, for now, to sit tight and wait to receive something in writing from the CA. Once that comes, DV 'em. Link to comment Share on other sites More sharing options...
merkurfan Posted May 23, 2007 Report Share Posted May 23, 2007 They can't? even a untimely DV??? I think they can sue. Op was not made aware of the dunning letter until 31 days later. I guess the OP could use the letter with the wrong address as a defense "hey, i never got the letter, they sent it to a way old address" but it's a weak one. I have a feeling they can go forward with a suit and not have it tossed out.Also, just because you DV them does not mean they can't bring suit. It just gives you a defense and a chance for a counter-claim. Link to comment Share on other sites More sharing options...
someonesomewhere Posted May 23, 2007 Report Share Posted May 23, 2007 I stand corrected. Yes, only a timely DV would hold up. A CA can sue even with a timely DV should they not validate, but it's a violation and you could get the suit tossed. Heck, the debt could be time barred and they could sue and get a default judgement. It's why ya have to respond to such things. Link to comment Share on other sites More sharing options...
willingtocope Posted May 23, 2007 Report Share Posted May 23, 2007 WARNING! WARNING! WARNING! Citii has a growing reputation for suing immediately upon receiving the DV. This keeps popping up...but, as yet, we have no evidence this is true. See...http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=261362and, although this thread...http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=268256...would seem to imply that Citi sues immediately, the Op says i sent a dv and received a generic printout, to which i then sent the wollman opinion letter, now they sue.......which implies there's more to the story.IMHO, if you get contacted by a Citi CA...DV immediately. You take a bigger chance on giving up your DV rights than you do on being sued..._________________ Link to comment Share on other sites More sharing options...
mzsyd Posted May 23, 2007 Author Report Share Posted May 23, 2007 I do not have the letter from the CA, I will call the ex-in-laws to get the address information and DV...but it would not be a timely DV because it is already passed the 30 days. If I do DV then how do I go about proving that I did not recieve the letter?It would make it seem as if I did recieve the letter because I knew who to DV. Link to comment Share on other sites More sharing options...
someonesomewhere Posted May 24, 2007 Report Share Posted May 24, 2007 If I do DV then how do I go about proving that I did not recieve the letter?Could get into a you said they said, if it ever went to court. But it's often that way anyway. The CAs will claim "We sent it, and we have a system in place" blah, blah, blah.Has it hit your CRs? If so, then use that address. Since the DOLA is 5/2003, you might wanna wait until June 1 to mail your DV letter. Use, "I just pulled my CRs and discovered you claim ..." Link to comment Share on other sites More sharing options...
mzsyd Posted May 25, 2007 Author Report Share Posted May 25, 2007 Been updating TC everyday and no sign of this TL. Only a inquiry on 4/13/07 on my EX from the CA. I think it's smarter to wait until june to DV. Link to comment Share on other sites More sharing options...
mzsyd Posted May 26, 2007 Author Report Share Posted May 26, 2007 Finally, today the ex family have given me the letter. It appears that it is no longer w/ the OC Citi! The letter states for our client Resurgent! I'm assuming that Citi sold the account to Resurgent and Credit Financial is the CA on behalf of Resurgent.It was so awfully hard asking for information I wanted to know w/out the actual letter. I'm guessing Citi fell off my CRA because they sold it, now I'll wait and see if the TL will hit my reports and if it matches with the OC. Thank you CIC for the weatlh of information! Link to comment Share on other sites More sharing options...
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