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Trying again


LeslieR
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I know some people will notice that I posted this earlier in Credit Repair, but since I got no responses, I'm trying again here. I will try to simplify the post a little in the hopes of getting some input.

A month ago, I complained to the NY State Atty Gen's office about a CA that had failed to answer my DV reques and continued to update w/ the CRAs.

This week, someone from the AG's office contacted me and told me that the CA had sold the debt to another JDB in another state but that she was still pursuing the matter for me.

The JDB actually forwarded the AG rep copies of bills as validation of the debt. Well it turns out that although they have my name on them, I never lived at the address given.

So now the AG's rep is asking me to send her proof of my address at the time in question. She is advocating for me to some extent and seems to want to help. Because of that, I kind of want to give her what she needs in the hopes she can make this go away.

On the other hand, the reason I contacted the AG to begin with was that the CA ignored my DV and continued to report and sell the debt. Therefore, they are in violation. Should I really have to jump through hoops to prove that this "validation" they sent to the AG's office isn't really valid? They were already in violation when I contacted the AG by ignoring my DV request and continuing to report/update with the CRAs.

The delinquency supposedly began in January of 2003 on this utility (phone). Is it correct that the SOL is 4 years on utilities per the UCC?

Thanks a lot everyone.

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What is it you are trying to achieve? Are you planning on suing the CA for the one violation? Since the CA sent the documents to the AG, they may have met their responsibilty to provide validation.

If you want it to go away, them maybe you should just provide the AG with proof of address. From what you stated, the AG is not asking you to prove whether the documentation is valid or not. The AG may be able to pressure the CA into deleting just because of the address mix up.

Question: Is the debt valid? Is the CA AFNI?

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Responses:

No, the debt is not valid. They sent copies of phone bills that have my name on them (no middle initial) and an address at which I never lived. They truly aren't mine.

No, the CA is not AFNI. I'd rather not say at this point given the involvement of the AG and the very aggressive tone of the letter from the CA to the AG about me.

What I want to accomplish: I guess that I have been spoiled so far by several CAs immediately being willing to delete after a BBB or AG points out to them that they failed to respond to my DV. That's what I would hope in this case, and what should happen. Since the AG is willing to try to help, I am planning to provide her with the proof of where I really lived at that time. But on principle, I'm upset that she won't just say to the CA, look you blew her off the first time, you're in violation. And, I guess I am asking what you suggest: Did the CA meet its obligation to validate by sending these bills to the AG (three months after my DV request)?

Also, if all else fails in my efforts to get rid of this, is the SOL on phone bills four years? (per UCC)

Thanks

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"...address at which I never lived..."

FCRA Title 15 USC 1681a, Subsection 603(q) provides the definition, and reason for, a proper Identity Theft Report.

1681c-2, Subsection 605B gives the list of items you MUST submit to have your claim taken seriously. Submit anything else, or a portion, and your claim is rightfully ignored.

Spoiled or not, the law leaves everyone no choice when you follow proper procedure. I'd send the AG the docs they requested, along with the required paperwork and insist that both the CA and AG comply promptly.

Validation is established by case law. Rather than going there...if this isn't yours, you can just claim ID Theft/Fraud and achieve your goal that way. I wish you luck!

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