Questions on DOFD, DOLA, and SOL

[Anonymous]

Hi,

  I am new to these forums and just want to say thank you for all the wonderful info. Now for my question. 

  I don''t really have any new credit because I've been on SSD for 16yrs. so I didn't bother to check my credit reports for awhile. Anyway I recently got a my CR from EX and it had a pot. neg. item from a CC that I had back in 1989. The satus  is Transferred,closed/Never late. It also says the debt was purchased by another lender. All of this info was reported to the CRA in 12/2004.

  I have a copy of a CR from EQ in 1995 that shows this same acct. It says my DOLA is 10/90 and that it has been CO. it doesn't give an exact date for CO but it was sometime before 11/95.

  - So am I right in assuming that my DOFD is at latest11/95 then?

  - and if the acct. was CO over 9yrs. before and the SOL in my state is 4 yrs. can they legally report it?

Next question of course is how do I best take care of this?

   Thank you!

    Michelle

Edit by cheddar: Edited only to change post title.  Did not edit any of this post's content.

Message Edited by cheddar on 04-03-2008 04:40 PM

[Anonymous]

I believe a DV is in order... my first impression is that a CA has been playing the re-aging game.  See my next post  in this thread for a really tough DV letter

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mishalyn wrote:

Hi,

  I am new to these forums and just want to say thank you for all the wonderful info. Now for my question. 

  I don''t really have any new credit because I've been on SSD for 16yrs. so I didn't bother to check my credit reports for awhile. Anyway I recently got a my CR from EX and it had a pot. neg. item from a CC that I had back in 1989. The satus  is Transferred,closed/Never late. It also says the debt was purchased by another lender. All of this info was reported to the CRA in 12/2004.

  I have a copy of a CR from EQ in 1995 that shows this same acct. It says my DOLA is 10/90 and that it has been CO. it doesn't give an exact date for CO but it was sometime before 11/95.

  - So am I right in assuming that my DOFD is at latest11/95 then?

  - and if the acct. was CO over 9yrs. before and the SOL in my state is 4 yrs. can they legally report it?

Next question of course is how do I best take care of this?

   Thank you!

    Michelle

Edit by cheddar: Edited only to change post title.  Did not edit any of this post's content.

Message Edited by cheddar on 04-03-2008 04:40 PM

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[Anonymous]

Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name (Typed only - do NOT sign)

[CaSHMeRe]

Lady_Scarlet ... Very nice DV Letter, thanks

[Anonymous]

Thank Lonnster (if he ever shows his face here - he's AWOL) I just liked the letter and kept a copy.  I have a stash of DV ets - 5 variations of the DV with varing tones about them.

[CaSHMeRe]

if you don't mind, could you possibly copy/paste them into a PM for me ?!?!? I would be forever grateful :-)

[Anonymous]

Thanks Lady_ Scarlet ! The DV letter is great. I apologize... looking back I see that my first post wasn't written very clearly.

  The only information on the CR is the OC. It just says "purchased by another lender" as the Creditor's statement. In fact this is the only indication I have that this debt may have been sold because I have never been contacted by a CA in an attempt to collect. So it looks like it was the OC that reported it in 2004...at least 9yrs. after it was charged off. I know that according to the FCRA a CO cannot be kept on your CR for more than 7 1/2 yrs. after the original date of CO.

  Now that I've been a little more thorough in my own research and hopefully explained my situation more clearly, is there any advice you can give as to what kind of letter to send? Do I dispute it with the CR first or start with the creditor?

[haulingthescoreup]

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@CaSHMeRe wrote:
if you don't mind, could you possibly copy/paste them into a PM for me ?!?!? I would be forever grateful :-)

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Hi, CaSHMeRe, welcome to the forums! I don't think that this letter will fit on one of our pm's, which don't hold very much. All you have to do instead is highlight the letter, hit control+C, open a blank Word document, and paste (control-V) it there.

There are many sample letters included in Frequently Requested Threads, which is stickied at the top of this forum. Without copy/paste, we'd all be sunk.

[Anonymous]

You should dispute this with the CRA's first, then DV if necessary.  For stuff this old, I would give you odds that the OC will not verify and they'll have to delete.

[Anonymous]

Lady_Scarlet:

Love your letter, but can I ask a strange question?  Why do you say not to sign the DV letter?