topic Re: Okay HappyDays!!!!! in General Credit Topics

Okay HappyDays!!!!!

Anonymous — Mon, 03 Mar 2008 15:08:59 GMT

...and anyone else willing to help.

HappyDays told me to look for SOL TL's first and I've been asking over and over again about DOFD/DOLA and realized AFTER pulling my EQ CR that EX is extremely vague with documenting info (no addresses, no DOFD/DOLA, NOTHING). EX gave me nothing to work with.

So now I'm dissecting my EQ CR and there are two DOFD Dates: one just DOFD and the other is "DATE MAJOR DELINQUENCY FIRST REPORTED". In reference to SOL, which of these two dates do I use (I'm in TX - SOL is 4 yrs post DOFD)? I have 5 OC TLs that are beyond SOL based on DOFD(one a utility) and 3 of them were sold to CA which is ALSO SOL based on DOFD.

How do I proceed?

SerenityBound....indeed!

Re: Okay HappyDays!!!!!

Anonymous — Mon, 03 Mar 2008 15:11:25 GMT

SerenityBound wrote:
...and anyone else willing to help.

HappyDays told me to look for SOL TL's first and I've been asking over and over again about DOFD/DOLA and realized AFTER pulling my EQ CR that EX is extremely vague with documenting info (no addresses, no DOFD/DOLA, NOTHING). EX gave me nothing to work with.

So now I'm dissecting my EQ CR and there are two DOFD Dates: one just DOFD and the other is "DATE MAJOR DELINQUENCY FIRST REPORTED". In reference to SOL, which of these two dates do I use (I'm in TX - SOL is 4 yrs post DOFD)? I have 5 OC TLs that are beyond SOL based on DOFD(one a utility) and 3 of them were sold to CA which is ALSO SOL based on DOFD.

How do I proceed?

SerenityBound....indeed!

Not HappyDays...........but you use the DOFD........not the Date major deliquency first reported.........

Re: Okay HappyDays!!!!!

Anonymous — Mon, 03 Mar 2008 15:24:45 GMT

Thanks, Sidewinder!

I was actually sending this to you in response to your post to chints, but then put it in a new thread. But that's good news! I recall Happy saying that points are higher when you get an OC removed vs a CA.

Now, is there an SOL/OBSOLETE ltr someone can show me? I'll get right on this.

SerenityBound...indeed!

Re: Okay HappyDays!!!!!

Anonymous — Mon, 03 Mar 2008 15:38:21 GMT

SerenityBound wrote:
Thanks, Sidewinder!

I was actually sending this to you in response to your post to chints, but then put it in a new thread. But that's good news! I recall Happy saying that points are higher when you get an OC removed vs a CA.

Now, is there an SOL/OBSOLETE ltr someone can show me? I'll get right on this.

SerenityBound...indeed!

Legal SOL just determines how long they have to sue you and win. They can always sue past SOL but when you bring this to the judge's attention, they are sent away.

Legal SOL can be reset/tolled. DOLA is important with legal SOL.

Reporting SOL is 7 years-7.5 years past DOFD.

Message Edited by sidewinder on 03-03-2008 07:38 AM

Re: Okay HappyDays!!!!!

Anonymous — Mon, 03 Mar 2008 15:53:03 GMT

Okay, so let's take one TL and break it down:

First Premier

Date Opened: 08/99

Date Reported: 09/03

Date Last Pymt: 10/01

DOFD: 06/01

If I'm understanding correctly legal SOL for FP to sue is UP (4 yrs) based on DOFD. However, re: Rptg SOL it stays on for 7yrs from 09/03?

BTW this was sold to Arrow and their info is:

Date Reported: 02/08 (probably because I'm in disp with CRA)

DOFD: 06/01

"Consumer Disputes" is annotated on the TL. That's all the info arrow is showing.

What's the process?

Re: Okay HappyDays!!!!!

Anonymous — Mon, 03 Mar 2008 16:03:27 GMT

SerenityBound wrote:
Okay, so let's take one TL and break it down:

First Premier
Date Opened: 08/99
Date Reported: 09/03
Date Last Pymt: 10/01---If you haven't done anything to reset or toll SOL, and SOL is 4 years, then yes it is up and they can't sue.
DOFD: 06/01-------------------Should be removed from CR 7-7.5 years from this date

If I'm understanding correctly legal SOL for FP to sue is UP (4 yrs) based on DOFD.
However, re: Rptg SOL it stays on for 7yrs from 09/03?

From DOFD........06/01

BTW this was sold to Arrow and their info is:
Date Reported: 02/08 (probably because I'm in disp with CRA)
DOFD: 06/01
"Consumer Disputes" is annotated on the TL. That's all the info arrow is showing.

What's the process?

If you have done nothing, such as made payments, enter payment agreements, etc to reset or toll Legal SOL, then it is up.

Reporting SOL will be up in June, regardless.

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&thread.id=17466

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&thread.id=8713

Message Edited by sidewinder on 03-03-2008 08:03 AM

Re: Okay HappyDays!!!!!

Anonymous — Mon, 03 Mar 2008 16:15:14 GMT

COOL!

So I can look forward to BOTH TL's dropping off in June sometime? That's awesome!

Thanks sooooo much Sidewinder!

Ummmm, okay so TL 2 - lol:

First Nat'l Bank of Marin - CO'd

Date Open: 09/02

Date Reported: 04/07

Date Last Pymt: 02/03

DOFD: 03/03

**Shows NO balances/limits/$ info on the TL

Sold to Elite Recovery:

Date Reported: 01/08

DOFD: 05/03 (noticed diff DOFD but Elite references Bank of M in the acct no - confused there)

So, how do I handle it when the SOL is up with OC? And do I DV the CA?

SerenityBound...indeed!

Re: Okay HappyDays!!!!!

Anonymous — Mon, 03 Mar 2008 16:23:37 GMT

SerenityBound wrote:
COOL!

So I can look forward to BOTH TL's dropping off in June sometime? That's awesome!

Thanks sooooo much Sidewinder!

Ummmm, okay so TL 2 - lol:
First Nat'l Bank of Marin - CO'd
Date Open: 09/02
Date Reported: 04/07
Date Last Pymt: 02/03
DOFD: 03/03
**Shows NO balances/limits/$ info on the TL

Sold to Elite Recovery:
Date Reported: 01/08
DOFD: 05/03 (noticed diff DOFD but Elite references Bank of M in the acct no - confused there)

So, how do I handle it when the SOL is up with OC? And do I DV the CA?

SerenityBound...indeed!

It is illegal for a CA to change DOFD, that is set by the OC and cannot be changed unless the account was brung current before charge off.

If there has been nothing going on with this account to reset or toll legal SOL, legal SOL is up if it is 4 years as you said.

Still a few more years before it is removed from CR.

If legal SOL is up, send a DV to CA.

Re: Okay HappyDays!!!!!

Anonymous — Mon, 03 Mar 2008 16:55:58 GMT

Okay so my intent is to use the Lonnster DV letter to Elite and I will send out FedEx today.

I have a diff question. I have 2 TLs, same OC, two diff accts. One is a CO with DOFD of 11/02 (rptg SOL is up next Nov) and Date Reported 08/03

The other has no DOFD but was opened around the same time and only show an OPEN DATE but listed as "Closed or Paid Account Zero Balance - Unsecured". **I'm guessing this acct was transferred to the first one*** This 2nd TL looks like a good one.

So with SOL up on the first TL and as it hasn't been sold told a CA, how should I proceed with this one?

SerenityBound....indeed!

Re: Okay HappyDays!!!!!

Anonymous — Mon, 03 Mar 2008 17:22:21 GMT

SerenityBound wrote:
Okay so my intent is to use the Lonnster DV letter to Elite and I will send out FedEx today.

I have a diff question. I have 2 TLs, same OC, two diff accts. One is a CO with DOFD of 11/02 (rptg SOL is up next Nov) and Date Reported 08/03

The other has no DOFD but was opened around the same time and only show an OPEN DATE but listed as "Closed or Paid Account Zero Balance - Unsecured". **I'm guessing this acct was transferred to the first one*** This 2nd TL looks like a good one.

So with SOL up on the first TL and as it hasn't been sold told a CA, how should I proceed with this one?

SerenityBound....indeed!

Had a reply typed all out and about to hit submit and then BOOM, thunders LOUDLY and power goes out. Ugh.

I'm not sure what FedEx offers, but for $5.21 you can send CMRRR with USPS and it usually takes 2-3 days. You get the green card back where they signed for it.

If past SOL, you can attempt PFD with the OC, DV isnt' an option with them.

Let it be and let if fall off next year.

What type of account is it? I don't think they can normally transfer balances of one account to another. But I could be wrong, have never heard of that happening, but doesn't sound right.

Message Edited by sidewinder on 03-03-2008 09:22 AM

Re: Okay HappyDays!!!!!

Anonymous — Mon, 03 Mar 2008 17:34:57 GMT

OH! I was sitting here like a dog wtg for the frisbee to fly - rofl!!!!

It was a bank account I think and for whatever reason the balance was TF'd to another acct. I really don't want to wait another year for it to fall off unless it's too old to matter now), but I'm not quite ready to PFD (gotta get my money up).

SerenityBound....indeed!

Re: Okay HappyDays!!!!!

Anonymous — Mon, 03 Mar 2008 20:29:33 GMT

Im so sorry I didn't see this thread. Sidewinder gave you good info!

this is your SOL (Texas)

Texas Statutes of Limitation The Texas Civil Practice & Remedies Code provides a 4-year limitations period for types of debt. The SoL begins after the day the cause of action accrues, (Section 16.004 (a) (3)).

Remember that the OC sets all dates! A CA may change them but that is illegal!!!

SOL is set by the state and means the time limit that the OC or CA can file a lawsuit & get a judgment.

If they file after this date then you can use SOL to stop it.

CRTP is federal law and only deals with everything on your CR (reporting)

DOFD date of first default DOLA date of last activaty

Report date actual date that the OC or CA last reported (this can change) It has nothing to due with SOL

When an OC assignes or sells to a CA......the CA will show......Report date (3/3/2008) open date (means the date that the account was opened with them(CA)

First Premier

Date Opened: 08/99

Date Reported: 09/03

Date Last Pymt: 10/01

DOFD: 06/01

You opened this account 8/99 DOFD 6/01 This set your SOL (4 years) DOLA 10/01 (unless you charged or made a payment.....forget it)

TU and EX uses DOFD and this should drop from CR no later then 7/2008 (CRTP) SOL would be past in 2005!

First Nat'l Bank of Marin - CO'd

Date Open: 09/02

Date Reported: 04/07

Date Last Pymt: 02/03

DOFD: 03/03

**Shows NO balances/limits/$ info on the TL

Your SOL was past 4/07 CRT no later then 4/2010 this will remain on CR till 2010

Keep in mind that when a month is set it goes by the last day of that month!

Sold to Elite Recovery:

Date Reported: 01/08

DOFD: 05/03 (noticed diff DOFD but Elite references Bank of M in the acct no - confused there)

The DOFD was re-aged should be 3/03

SOL and CRTP should be the same as reported by the bank!!!! As sidewinder said send a DV to Elite at the address on you CR CMRRR

IMO....I only use USPS........better service and they are more strict with delivery.....they also deliver to PO Boxes where UPS and others do not!

I have a diff question. I have 2 TLs, same OC, two diff accts. One is a CO with DOFD of 11/02 (rptg SOL is up next Nov) and Date Reported 08/03

DOFD 11/02....SOL was past in 11/2006 CRTP (drop date) 11 or 12 of 2009 Remember the date reported is just the date that they reported nothing more.

This I don't understand I do not think it is legal to combine debts. Usually the sold/transferred etc means that they sold the account to a CA.

I would dispute both accounts and wait the 30-45 days to see if one is deleted.....IF verified then send the OC letter for both account #s

OMG rofl I see that you posted while I was reviewing all your post & am still posting.

YES send the DV now.....

Message Edited by HappyDays on 03-03-2008 12:29 PM

Re: Okay HappyDays!!!!!

Anonymous — Mon, 03 Mar 2008 20:12:15 GMT

Goodness Happy!

Please don't REconfuse me - lol. By "after cause of action acrues" is that the same as DOFD? I believe I was reading over a past suit where it was established as DOFD and NOT DOLA.

Also, I attempted to post this but got some kind of "invalid HTML msg" or something.

Would you mind eyeballing this DV ltr to Elite for me and tell me what you think?

VIA CERTIFIED/RETURN RECEIPT MAIL

March 3, 2008

Elite Recovery Services, Inc.

701 Seneca Street, Unit 4

Buffalo, NY14210-1358

Re: Debt Validation Request

Elite Recovery Services Acct #: Blah Blah

(Lonnster's shell references OC/OC Acct Here - should I do that?)

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on <DATE>. (Should I remove this line as I have not rcvd a notice and dont' have one to reference?) 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 Elite Recovery Services 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 Elite Recovery Services for this alleged debt:

Signed credit application between myself and the original creditor.
Copy of all signed vouchers from the date account was opened until default.
Copies of all statements form 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
Copy of the contract Elite Recovery Services purchased the alleged debt from the Original Creditor
If the alleged debt was purchased, provide a copy of an agreement between Elite Recovery Services and myself, signed by me, stating that I have a contractual responsibility to Elite Recovery Services for the alleged debt.
Provide proof that Elite Recovery Services is bonded/licensed for debt collecting in the State of Texas

Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Elite Recovery Services is asserting regarding this alleged debt. If Elite Recovery Services does NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST BE DELETED from Elite Recovery Services. If you do 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 below in this letter by United States Postal Service:

MY INFO HERE

Best Regards,

Me (I don't sign)

I don't see a reference to remove from CRAs so I'm guessing that's done with CRAs once Elite fails to DV correct?

**Note, this is the TL where the DOFD is reaged by two months. Also, remember that all 3 CRs are currently being disputed so should I wait for verification from the CRAs and then send or can I send DV now?**

As always thanks for the input!

Re: Okay HappyDays!!!!!

Anonymous — Mon, 03 Mar 2008 20:31:23 GMT

Texas SOL is 4 years.....it is different then any other state in so far as you can argue that SOL started with DOLA......or when you last charged. NO need for you to use any of that as you are well past SOL

Re: Okay HappyDays!!!!!

Anonymous — Mon, 03 Mar 2008 20:37:11 GMT

If you found this reporting by pulling your CR then change the first part to read........I pulled my CR and found that you reported that I owe you a debt.

If they can not VALIDATE they should delete but they don't you will need to wait the 30 days for an answer & if they do not answer then you file a dispute with all CRAs reporting.....along with copy of DV letter copy of CERT.# and copy of GG. In the dispute you tell the CRA that the CA had 30 days to validate the debt and they did not! The law states that if the CA can not validate the debt then it is illegal for them to verify. Please delete!

Message Edited by HappyDays on 03-03-2008 12:37 PM

Re: Okay HappyDays!!!!!

Anonymous — Mon, 03 Mar 2008 20:42:31 GMT

I will post another letter that you can send along with the DV.....It is telling them that you know that you are past SOL do not sign it as with the DV just type your name.

Your Name
Your Address

Collector's Name
Collector's Address

RE: [insert account number or name of account or name of debt]:

Dear [insert collector's name or company name],

This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].

I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.

This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.

Re: Okay HappyDays!!!!!

Anonymous — Mon, 03 Mar 2008 21:03:01 GMT

And one last time, it DOES NOT MATTER that all 3 CRs are currently being disputed?

If not I'm sending both ltrs out TODAY!

THANNNKKKKK YOUUUUUU. Now I know why your name is Happy! You've certainly brought me some happiness today. You and Sidewinder both!

SerenityBound...indeed!

Re: Okay HappyDays!!!!!

Anonymous — Mon, 03 Mar 2008 21:10:45 GMT

NO 1 has nothing to due with the other....other then the CRA contacting the CA and askin them to verify.

This is why IMO you should DV before a disput. This way the CA has no idea that you are awake & no advance warning to get their -hit together!

When you file a dispute with 1 CRA do not file another until the first one is closed.

Examp:

TU filed dispute 1/01 filed another on 1/15 when the first isn't closed and the second filed (even if about a different OC) they may take the first & change the filing date to match the second. Then you are waiting for another 15 days.

Re: Okay HappyDays!!!!!

Anonymous — Mon, 03 Mar 2008 21:15:28 GMT

Good stuff!

Only thing is I paid this "rep" co to assist with clean up and I have confirmed that all they will do is dispute with CRAs and I can't apply for a refund until 6 mos or two full cycles. Unfortunately I'm just in cycle 1 and I don't know if I can get them to stop disputing CRAs since that's all they do.

I have a feeling I'M going to be the one to get things done - with help from you great FICONIANS here!

I'm sending my letters TODAY!!

Should I send both ltrs in one env or two sep ltrs CRRRM(sp)?

Re: Okay HappyDays!!!!!

Anonymous — Mon, 03 Mar 2008 21:26:04 GMT

Oh, Happy!

One more thing, in the SOL ltr do I open with "This letter is being submitted in addition to my previously submitted Debt Validation request, also date March 3, 2008"

Hows that?