cryan71 Posted April 14, 2009 Report Share Posted April 14, 2009 From the CA for an AT&T bill from October 2002.The bill is for 152 dollars, but shows over 900 in previous late payments. In other words, the date of first deliquency would be in April 2002, not 9/2002 as they are reporting.Of course they never provided proof they own or have been assigned this debt.Should I send out DV letter or get all legal and file a lawsuit for FCRA violations? Link to comment Share on other sites More sharing options...
mycorrado Posted April 21, 2009 Report Share Posted April 21, 2009 could you give us more details? when where you first contacted by themwhen did you send your original DV letter?Did you dispute with the CRA as OBSOLETE? AND in that letter mention the correct DOFD 04/2002.Thanks Link to comment Share on other sites More sharing options...
cryan71 Posted April 23, 2009 Author Report Share Posted April 23, 2009 Yes. I disputed with the CRA and Palasades verified it as accurate.I sent them an initial letter to Palasades on 12/28/08The didn't respondI sent a second letter on 3/23/09.The responded with an AT&T bill (not on letterhead, but some type of printout) in early April. That's when I noticed that the bill had a past due amount of 900 which shows that the date of first deliquency was much earlier.It is obvious to me that they don't have the actual "date of first delinquency" bill on file. I don't think I have records on the account anymore. Link to comment Share on other sites More sharing options...
mycorrado Posted April 23, 2009 Report Share Posted April 23, 2009 Write them back an ITS (intent to SUE). Re-iterate that you are disputing this alleged debt,Tell them that the information the sent as 'validation' hardly meets FDCPA requirements and they are in violation, by collecting a debt when they have insufficient data to support that you really owe that debt (no contract with your signature etc).Tell them your are familiar with FDCPA and state statutes regarding debt colleciton and you are also familiar with satute of limitations regarding old matters. Emphasize that reporting an still un-validated debt is a violation and they could be liable for 1,000.Finally tell them that if they do not delete this from your credit files within 5 days you will sue them. send it certified, green card and all.That should make them go away Link to comment Share on other sites More sharing options...
wahoo238 Posted April 24, 2009 Report Share Posted April 24, 2009 If the DOFMD was 4/02 they can legally report until 10/09, 7 +180. What they sent meets FDCPA req for validation. Link to comment Share on other sites More sharing options...
creditidol Posted April 24, 2009 Report Share Posted April 24, 2009 A bill is not a validation. Send them a letter stating you are now suing and sue in JP court, they will not show up get a judgement and remove the item Link to comment Share on other sites More sharing options...
cryan71 Posted April 25, 2009 Author Report Share Posted April 25, 2009 If the DOFMD was 4/02 they can legally report until 10/09, 7 +180. What they sent meets FDCPA req for validation.7 +180?I thought it was just 7 Link to comment Share on other sites More sharing options...
wahoo238 Posted April 25, 2009 Report Share Posted April 25, 2009 I guess in all correctness it would be 180+7. 180 days following the DOFMD begins the 7 year reporting. Link to comment Share on other sites More sharing options...
someonesomewhere Posted April 28, 2009 Report Share Posted April 28, 2009 7+180, or 180+7, either way, it's tucked into § 605http://www.creditinfocenter.com/legal/FCRA.shtml#605© Running of reporting period. (1) In general. The 7-year period referred to in paragraphs (4) and (6)(2) of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action. Link to comment Share on other sites More sharing options...
cryan71 Posted May 3, 2009 Author Report Share Posted May 3, 2009 Update: Just got my latest Equifax report fax and the collection account has been dropped.Now I just have a tax lien, old bloomingdales which should come off in Sept 09 and my student loan with has a few major lates on it, but has been current for the past year and 1/2. Link to comment Share on other sites More sharing options...
tigon20 Posted May 8, 2009 Report Share Posted May 8, 2009 I had account with ATT wireless in 2001 and closed in 2002 due to lost phone and they charge me for $1996. Now when I try to apply for home loan, credit repair service try to fix my credit. This ATT wireless account reposted as new collection.original creditor : 01 ATT wireless palisadesAccount # xxxxxxxHight balance : 1996Date opened 07-07-2006Date reported 03-0-2009balance 3200condition 03-02-2009Is there anything I can do to remove this ...The home loan was denied and the credit repair service don't do anything for me right now. I need your advice please Link to comment Share on other sites More sharing options...
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