CMBV22 Posted October 30, 2007 Report Share Posted October 30, 2007 Hello, I have drafted letters to a couple of companies that have posted claims on my credit report. One claim was originally reported in 1/2004 and the other in 6/2004. I live in Ct and if my understanding of the statue of limitations is correct; After 3 years the statute of limitations ran out on both debts. Now, If I am indeed correct about that fact, would I be doing myself a disservice by sending these letters? I will post the letter below which shows that I In no way accept any of the debt but, I am worried that I might be giving the companies some sort of in to restart the clock on the statute of limitations. Basically, What i am trying to do is clean up my credit report so i may buy a home in the next year. If my understanding of the info on this site is correct just because a debt collector cant sue me after 3 years doesnt mean they cant keep posting negative reports on my credit. That means I have to either pay what they are asking or force them to validate the debt and it's amount to me and either pay the amount they prove or get the debt removed because of lack of proof. Does anyone know if I am 1) Giving the companies a window to come after me.Or 2) If I have an incorrect understanding of the information I've read. Thanks for your help!See below for letter:To Whom It May Concern: This letter is being sent to you in response to a claim filed on my credit report in January of 2004. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested. This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: What the money you say I owe is for; Explain and show me how you calculated what you say I owe; Provide me with copies of any papers that show I agreed to pay what you say I owe; Provide a verification or copy of any judgment if applicable; Identify the original creditor; Prove the Statute of Limitations has not expired on this account Show me that you are licensed to collect in my state Provide me with your license numbers and Registered Agent At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.Best Regards, Link to comment Share on other sites More sharing options...
Amerikaner83 Posted October 30, 2007 Report Share Posted October 30, 2007 Please don't post the same exact question in two different forums. Link to comment Share on other sites More sharing options...
Amerikaner83 Posted October 30, 2007 Report Share Posted October 30, 2007 from your other thread:Seriously - Don't send that. Send this:Dear collector - In accordance with all applicable federal laws, specifically the Fair Debt Collection Practices Act (FDCPA), I have the right to request validation of the above debt. I am now formally requesting it.You should also be aware that calls to my workplace are prohibited and calls to my home are recorded.Sincerely and Respectfully - meIf you're SURE SOL is up, no harm in sending it. If you're using this site as basis for SOL - that's not good enough. You need to verify it with the state - look up your state's laws online. Link to comment Share on other sites More sharing options...
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