formercreditidiot Posted November 18, 2009 Report Share Posted November 18, 2009 I sent a CA a DV letter cmrrr about a week ago. I received in the mail today a 3 page response. The first page states the following:"Enclosed you will find the documentation you requested supporting the debt you owe. Please contact our office to make arrangements to resolve this matter. Although our asset investigation will continue, if you do not contact our office within 14 days of this letter, we will resume collection efforts."It then goes to say on this page that the Principal is nearly $300 (which is the same amount showed on my CR) plus their interest fee of $150. This account went into collections in 2006 as a result of a dispute between my ex and myself. I have never heard of this debt until recently on my CR. The OC DOES NOT appear on my CR. They were this "mom and pop" type of store that dealt with leasing household equipment such as appliances, etc.The second page of the letter shows a copy with the OC's name and address and number at the top...my name and a roughly 15 lines of dated "payment references" and "interests owed" The amount at the bottom is the orginal amount of nearly $300.The last page is an actual COPY of my orginial signed contract WITH my signature. Here is my question...in my DV letter, I requested that they provide proof that they own this debt. Did they do this? Am I missing something? Does the copy of the orginal contract with the OC count? Im a little confused to that. If this is not sufficent, can anyone recommend what type of wording I should send back to them? This account is about 6 months until the SOL expires. I read the copy of the signed contract and it does not state that I must deal with anything about owing the debt to creditor of it's "assigns"Thanks a million for any help!!! Link to comment Share on other sites More sharing options...
formercreditidiot Posted November 18, 2009 Author Report Share Posted November 18, 2009 I wanted to add:While looking closely at the printout of my payments, it shows that the first defaulted payment was 9/2005. then it shows that they got a check, but not for the full amount on 11/2005....it then goes on to show no payments. So, if I am correct, I am out of SOL already even if the first defaulted payment was on 11/2005, right? This account was not sent into collections until 12/2006....which is odd..why would it take a year?would my best bet me a "zombie letter" and also throw in the fact that they didnt even prove they own the debt? Link to comment Share on other sites More sharing options...
Morganna Posted November 18, 2009 Report Share Posted November 18, 2009 This appears to fall under the UCC which would be a 4yr SOL --If this is so and by your default date of 11/05 then SOL is 11/09 ... a link to the Ca UCChttp://www.leginfo.ca.gov/cgi-bin/displaycode?section=com&group=10001-11000&file=10501-10507Look at Section 10506 (a) ---- Link to comment Share on other sites More sharing options...
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