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CA sold my account to another CA and they started my time again


SteveAR
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this was just about to expire. the original CA was CMI

and they sold it to ENHANCED RECOVERY CORP . Now these people started my time as being collected from 12/24/2008. This was about to be 7 years that its been on my credit. Is that legal????

ENHANCED RECOVERY CORP

- Account No.: 1584****

- Original Creditor: SPRINT

- Responsibility: Individual

- Condition: Derogatory

- Original Balance: $686

- Balance: $686

- Date Opened: 12/24/2008

- Date Reported: 04/19/2009

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Date open is the date they bought the account and is not relevent to the reporting period. The date you defaulted and never brought the account current is the one that matters, If for example it is May 09 that CMI would have dropped then so should this one.

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Yeah but what if it's like SOL old?

in michigan the SOL on written contracts is 4 years. If the debt is 7 years old it's SOL has ran out. Can JDB still try to collect? i was under the impression that once the SOL has run out they no long have a right to collect.

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Yeah but what if it's like SOL old?

in michigan the SOL on written contracts is 4 years. If the debt is 7 years old it's SOL has ran out. Can JDB still try to collect? i was under the impression that once the SOL has run out they no long have a right to collect.

They can try and collect until the cows come home--or until you send them a FOAD letter pursuant to section 805© of the FDCPA. There are only two states in which once a consumer debt has expired, it's permanently noncollectable under what is known as "statute of repose." I don't recall which two states though (it's not Michigan).

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Unless MI is a state of repose they can attempt to collect until the cows come home. The debt is not extinguished, but they can not legally sue you due to SOL. This when you send a C&D or a FOAD.

Hah! Funny... Mediocre minds think a like, it seems.

Minor correction though: The creditor can still sue even if the SOL has expired. But the defendant has an air-tight affirmative defense if they're aware of it.

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Ok, I'll bite, if a copy of a bill from the OC does not meet validation what is required?

This is still very much a legal grey area and subject to interpretation. If you search around, you'll find various opinions (both off-handed and legal), but no real conscientious. Texas has some rather unique consumer protection laws though that might give you a more definitive answer. It would behoove you to read up one those since they afford you benefits that unfortunately the rest of us don't get.

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This is still very much a legal grey area and subject to interpretation. If you search around, you'll find various opinions (both off-handed and legal), but no real conscientious. Texas has some rather unique consumer protection laws though that might give you a more definitive answer. It would behoove you to read up one those since they afford you benefits that unfortunately the rest of us don't get.

Agree, 2nd hand hacks think alike, the above some how got posted to the wrong thread (oc bill as validation). I would think by FDCPA standards, name, amount, from OC would meet that, FDCPA pretty thin requirments. And yes Texas is a special place owe or not!

Here is the thread it was meant for if wrong would like to know.

http://debt-consolidation-credit-repair-service.com/forums/showthread.php?p=1008603#post1008603

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Yeah but what if it's like SOL old?

in michigan the SOL on written contracts is 4 years. If the debt is 7 years old it's SOL has ran out. Can JDB still try to collect? i was under the impression that once the SOL has run out they no long have a right to collect.

Are you certain that SOL in Michigan is 4 years? Everything that I've read says it's 6 years. I'm curious, because I am in Michigan, too.

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I am taking LVN to court on re-aging of my file, they have it listed as open date 1-09..Yet the card is from 2001 chargeoff date of 2003. This is what it seems they did to you and yes it is re-aging, it is used to effect your score which it does.. You have them on fraud and re-aging violations now...

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  • 1 month later...

ok so im positive the date of this was reset on the SOL. i just checked with the 3 CRA and all say

Estimated date that this item will be removed: 04/2013

and i know for a fact that wrong.

so whats my next step? what do i send them to get this removed?

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ok so im positive the date of this was reset on the SOL. i just checked with the 3 CRA and all say

Estimated date that this item will be removed: 04/2013

and i know for a fact that wrong.

so whats my next step? what do i send them to get this removed?

That suggests the date of deliquency on the account was late 2005 early 2006 is that correct?

I see that your original post shows a Sprint account. Was this date in relation to a telephone bill? If so the SOL is federal and 2 years.

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But do you know the date of last activity or date of default? The date opened relates to when the JDB took over the account. You need to look for the date of last activity or date of default.

Do you have copies of your old credit reports, prior to this JDB buying it? You can easily prove reaging if the DOLA or DOFD is different between the two data furnishers and two different reports of the same account.

Also, as stated the SOL for phone bills is set at 2 years, by Federal statute. If they sue, you can use SOL as a defense, if in fact this bill is as old as you believe.

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But do you know the date of last activity or date of default? The date opened relates to when the JDB took over the account. You need to look for the date of last activity or date of default.

Do you have copies of your old credit reports, prior to this JDB buying it? You can easily prove reaging if the DOLA or DOFD is different between the two data furnishers and two different reports of the same account.

Also, as stated the SOL for phone bills is set at 2 years, by Federal statute. If they sue, you can use SOL as a defense, if in fact this bill is as old as you believe.

yea i had this cellphone about 18 - 19 years old. im 30 now so you can imagine the frustration.

i do have old reports and i can prove it. who do i send that and what type of letter do i send? looking for guidance.

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If you tell me what the reports say is the date of last activity and/or date of default, and the year those reports were printed, I or others can help you formulate a dispute letter. It may be as simple as disputing it as obsolete and providing your previous reports as documentation.

So far you have not posted these, only the date opened which has no bearing on the issue.

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  • 2 weeks later...

This is from whychats site

Dear Scumbags

This letter responds to your recent reporting of a "Sprint" account on my ( name(s) of CRA(s))credit reports)

This is not a refusal to pay, but a notice that your claim is disputed.

"Federal statute 47 USC Section 415 provide a Statute Of Limitations limiting the time frame for any legal collection activities for telephone or cellphone bills to 2 years.

The Regulation has effect and force of federal law.

This notification is formal notice to you that any filing of such action by you, or your representitives or assigns, is therefore time-barred.

Under the FDCPA, any such action, or threat of such action is a violation of the law,and grounds for fines and civil sanctions.

807. False or misleading representations

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.

Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(2) The false representation of-

(A) the character, amount, or legal status of any debt; or

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

This notification to you is of applicable legal statutes,codes and laws.Other Federal and State laws may apply.

Please note that proof of your receipt of this notice may be used by me or my legal representative in further action.

Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities, and are barred from selling assigning or transferring any and all data regarding this account to any other party subsidiary or affiliate.

Your receipt of this letter will be considered as having granted consent to the taping of any and all telephone calls to me at my home or business by you or your agents or assigns

Best regards,

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