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Last Payment = Date of Default = Beginning of S/L ?


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Hello. Seems like little activity on the board and I need some answers quick. I'm being hassled by a collection agency. I only have days to file a request for verification. However, I'm about a month away from the S/L running out.

1 Will the request for verification toll the S/L?

2. Is the date of my last payment credited to the acct., the date of default?

3. I need to get a credit report fast and check it fast! Is there a way to do that immediately?

Sorry for waiting until the last minute but like most people, I find these problems too overwhelming to deal with effectively at times

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Thank you, Denita. I appreciate yours and any one else's help.

I'm examining my reports now. It does not appear to give the date of the first missed payment. However, it does say 30 days past due as of Oct 2005. My records say that last payment was in May 2005.

So, verification should clear that up? I assume that they will have to supply the exact date. They have to know the s/l is coming up and I'm afraid that they will just farm it out to an atty to file suit in my state. I guess it doesn't matter because I have no money to pay anyone and I have numerous debts. The interest they are claiming is outrageous

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So, verification should clear that up? I assume that they will have to supply the exact date.

HA! Dream on!

Sorry, I don't mean to be rude.

IF they reply at all, they are not likely to send anything of real substance. It partly depends on what you ask for in your DV letter, and advice on that point varies. They may send you nothing more than the name and address of the original creditor, and confirmation of the amount they are demanding.

Personally, although many will say they are not required to provide it, I ask for a complete accounting of how they arrived at the amount, including charges, payments, interest, penalties, fees, etc. Then you will know the date of the last payment. If they don't provide this information, you tell them you cannot work towards a resolution without it.

It is not unlikely that you will not get information in this detail until they file a lawsuit and you demand it during the Discovery process.

Good luck.

DH

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Shortbus: I doubt it. I am aware of the S/L in my state and that is not one of the questions I asked. And I sincerely doubt the issue of whether verification tolls the S/L differs from state to state.

Debtorshusband: Thanks for answering. I have 3 credit reports and 4 different dates. I will search for my last statement this weekend and see if I can nail the exact date.

I don't know if I should ask for verification. If they are unlikely to give me the information I need, maybe it is best not to tip them off and wait for them to sue and go the formal discovery route.

The letter they sent me that said I had 30 days has one date, the post mark is 4 days later, and I actually received the letter 4 days after the postmark. How can they prove what date I received it on if they did not send it by certified mail and I didn't sign for it? Thanks!

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I don't know if I should ask for verification. If they are unlikely to give me the information I need, maybe it is best not to tip them off and wait for them to sue and go the formal discovery route.

The letter they sent me that said I had 30 days has one date, the post mark is 4 days later, and I actually received the letter 4 days after the postmark. How can they prove what date I received it on if they did not send it by certified mail and I didn't sign for it? Thanks!

I would ask for verification. IMHO, what it will tip them off to is the fact that you will not ignore a summons and allow a default judgment, and their choice is to provide you the documentation now, or have to provide it later in court. Their decision may be to give up and sell the debt to someone else, and the process starts over. Or, believe it or not, I have actually had one respond that they were "closing the account in their office", and I never heard from anyone again.

You have 30 days from the date you received the letter. As long as you get your DV letter postmarked within 30 days of that date, I don't expect them to challenge you, and you won't need to prove it. Here's what I say in my letters, partly in order to let them know I consider my response to be within the 30 days:

"This letter will serve as notice that I am exercising my rights as provided by the Fair Debt Collections Practices Act (15 USC section 1692g) and as stated in your letter, and am disputing the validity of the debt, requesting verification of the debt, and requesting the name and address of the original creditor. Verification of the debt is to include an accounting of all transactions from the inception of the alleged debt, including all charges, fees, penalties, payments, and assessed interest."

Good luck.

DH

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