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I sent a debt validation letter. This is what they sent me...


bird4fsu
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This is what I sent....

 

Enhanced Recovery Company LLC.

8014 Bayberry Road

Jacksonville, FL 32256

February, 19, 2013

 

Re: Acc

I just pulled a copy of my credit report and noticed that your agency is reporting that I owe you a debt.  I was not aware of this debt until now, and under my rights under the FDCPA, I request that you validate this debt.

 

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

 

Sincerely,

 

They sent the attached letter, with 30 pages of the bill.

SCAN0016.PDF

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They sent the 30 page bill from sprint. The debt is ours.

 

Our credit report says account opened on 2010. The bill has the account late in 2008 of August.

 

They also sent a sheet with a statue and different rules for different states.  Nothing else.

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Well, it means they have good documentaion and your next moves are: 

 

1. 623 dispute, but they have good records so this may not buy you anything. 

2. cease and desist or refusal to pay letter

3. Debt settlement deal with them.  

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From reading the responses, I though they sent you a pay for delete letter but it looks like ERCs thinking is:

It is illegal for us to report before validation or the 30 day DV window.

We assume the DV window never started since we cannot confirm we sent you "the letter".

Therefore we are playing it safe and asking the CRAs to delete any tradelines up to now.

 

What they didn't tell you was that now that they've validated that they can start adding new tradelines effective today.

 

As usual Big Sister is right and you will probably not win a documentation war with them

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Not all do it that way.  Some have been sued for that, and this may be their reaction these days.  I had a JDB just up and sue me before any communication.  I answered the lawsuit and at the same time communicated with them to find out more since it mentioned an OC I had never done business with.  They sent me an answer that was a form letter for answering a DV.  Guess they were CYA-ing.

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Most states the SOL for cell phone bills is 2 years, I have seen other states at 4 years. If you say it was from 2008 it may be outside the SOL. That is why they said they will remove the trade line, just a hunch.

 

The Federal Rule

47 U.S.C. section 415 limits telephone carriers to law suit actin within two years.

 

§415. Limitations of actions (a) Recovery of charges by carrier

All actions at law by carriers for recovery of their lawful charges, or any part thereof, shall be begun within two years from the time the cause of action accrues, and not after.

 

47 USC. § 153(10) defines common carrier or carrier as “any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or interstate or foreign communication by wire or radio or interstate or foreign radio transmission of energy…”  Thus “carrier” includes cell phone, interstate, and foreign communications.

 

The federal rule could not be any more clear.  To suggest a carrier could otherwise assign its contract to a third-party debt collector to bypass the requirements of section 415 and bring a state action pursuant to a four-year limitations period, would undermine the express language and purpose of the statute.  Therefore, the clear language of section 415 states a two-year statute of limitations applies.

 

SOL in Florida for an Open Account is 4 years from last charge or payment and a Written Contract 5 years.

 

I would send them a refusal to pay letter.

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