SnoopyWoodstockUS Posted October 24, 2007 Report Share Posted October 24, 2007 I have been lurking and now have a question for the think tank. I got a letter from Assetcare on an account that I had a long time ago. It doesn't show up on any of my current Credit reports or old ones. I have them dating back to 2002. How do I handle them? They are requesting a large sum on this saying that the original was $7595 and interest is $11280.91 for a total of $18875.91. I honestly don't even remember when I had this card or if I owed anything on it. I have been fixing my credit and waiting for things to drop off since 2002 and have everything else off, except what is listed below. Next...On my Experian report I have a Chase listed that was paid off through S&A services of marion in 2002. Can I get them to delete this one from experian? The other one is a store card that I settled. Do they use the paid off date for drop off or the original DOLA? Any help will be greatly appreciated. Link to comment Share on other sites More sharing options...
nascar Posted October 24, 2007 Report Share Posted October 24, 2007 Make sure you send a DV within 30 days if this was your initial communication. You know the SOL in North Carolina is 3 years.While you're waiting for a response to your DV, do your homework; comb through your records - make sure you have documentation to support your position. Link to comment Share on other sites More sharing options...
SnoopyWoodstockUS Posted October 24, 2007 Author Report Share Posted October 24, 2007 On the Chase issue. I have all of the documentation. I had to send it to another company a couple of years ago. They had ended up with the account and were trying to collect on it. I sent them a copy of the signed receipt and all of my communications with the original company. Can I get Chase to show that this was settled or do I have a chance to get them to remove it from experian? Should I do anything with the letter from Assetcare since that card hasn't showed up on my credit reports for at least 5 years? None of my credit reports show anything about this account from the OC or any CA or JDB. Link to comment Share on other sites More sharing options...
Textoy Posted October 24, 2007 Report Share Posted October 24, 2007 You indicated that you had CR's all the way back to 2002 but you only said a long time ago for the Assetcare debt. What is the Date of First Delinquency (DOFD) supposed to be for this? If greater than 3 years the SOL is past. If greater than 7 then it cannot be legally placed on your credit report. The only concern is re-age. If you made a payment (DOLA) at some point, then both clocks reset to DOLA. I think I stated that correctly. Link to comment Share on other sites More sharing options...
SnoopyWoodstockUS Posted October 26, 2007 Author Report Share Posted October 26, 2007 You indicated that you had CR's all the way back to 2002 but you only said a long time ago for the Assetcare debt. What is the Date of First Delinquency (DOFD) supposed to be for this? If greater than 3 years the SOL is past. If greater than 7 then it cannot be legally placed on your credit report. The only concern is re-age. If you made a payment (DOLA) at some point, then both clocks reset to DOLA. I think I stated that correctly.This debt doesn't appear on any credit report by the OC or Assetcare. I haven't made a payment to them or had any other contact on this debt. I honestly don't even remember for sure if I have ever had a card from household. Link to comment Share on other sites More sharing options...
Textoy Posted October 26, 2007 Report Share Posted October 26, 2007 Most likely it is an old debt bought by a JDB however, like NASCAR said, to ensure your FDCPA rights will hold up in court, you need to DV this while within the 30 day window per:FDCPA 809( If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.In order to establish SOL, you need the DOLA (when last payment was made to the OC/CA or the last date you made an agreement to pay this debt with either the OC or a CA). Do not, I repeat do not agree to make any payment until you know if this is out of SOL. Basically, a payment or a payment agreement will re-age (SOL and 7 year CR cycle restart). If out of SOL, then you can send a Cease and Desist ltr to stop harrassment. If the DOLA age is greater than 7 years, then it not reportable on the CR. If it is out of SOL and but less than 7 years they can report it to CR (that is not a cease and desist ltr violation). If out of SOL, you have sent a Cease and Desist ltr, and they still continue to contact you then you have FDCPA violations. They can reply with ITS or say they are stopping collection efforts, but you have the SOL defense in court. If out of SOL, you have sent a Cease and Desist ltr, is past 7 year DOLA, and they report it to CR then that is a violation. Link to comment Share on other sites More sharing options...
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