topic Re: Helpppppp!!! in Rebuilding Your Credit

Helpppppp!!!

Melanie220 — Sat, 16 Mar 2013 02:50:25 GMT

I received a letter from Weltman Weinberg and Reis collecting for LVNN or something similar to that about suing me for a Capital One credit card that is past the statute of limitations for reporting on my CR and past sol for the state of IL to sue! What's my next move team????

Re: Helpppppp!!!

Anonymous — Sat, 16 Mar 2013 02:52:17 GMT

if you are certain you are past your SOL date, let them sue you.... You can defend yourself in court with an absolute defense and win.

It could be a scare tactic to try to get you to pay something though.

Re: Helpppppp!!!

Jon85 — Sat, 16 Mar 2013 02:55:38 GMT

SO weird, because my mom recieved an exact letter from them today. Except instead of Capital One, it was for an old Fortunoff card... and the SOL ran out in 2011.

My mom never paid it, because she actually didn't know about it until 2010, when she ran a credit report... turns out my messed up cousin opened a card under her name without even telling her. Anyway, she never recieved any bills for it until today from the exact place you got one from. I guess they just have scare tactics, because there's no way they can bring her to court for something that ran out in 2011... well, they can bring her to court, but they wont win.

You might as well let them if they do, because it'll get them to leave you alone for good.

Re: Helpppppp!!!

DaBears — Sat, 16 Mar 2013 02:57:18 GMT

Melanie, I also live in IL suburbs of Chicago. SOL is 5 yrs!!!! When was the DoFD? if you do go to court you can present the SOL to the judge and it could be dismissed from a lawsuit. However it is still a unpaid debt which never goes away they can still try to collect. Remember unpaid debt never goes away once the CRTP expires it get removed from your credit report from viewing but stays in the file.

Re: Helpppppp!!!

DaBears — Sat, 16 Mar 2013 03:00:14 GMT

That would be identity theft and she can still get a police report and send it to the cra's!!!!! They will still need to investigate and if found to be identity theft it could be grounds for deletion.

Re: Helpppppp!!!

Melanie220 — Sat, 16 Mar 2013 03:04:34 GMT

It isn't even reporting anymore!!! That's the crazy part about it. It hasn't reported since last year. The Dofd was in 2005! I was planning on paying but don't have funds to do so yet. The original limit was $300. They state that I owe over $1000.00 @Da Bears I'm just south of Chicago in Kankakee.

Re: Helpppppp!!!

Melanie220 — Sat, 16 Mar 2013 03:06:45 GMT

Forgot to add they did a hp on my TU CR too

Re: Helpppppp!!!

DaBears — Sat, 16 Mar 2013 03:09:38 GMT

@Melanie220 wrote:
@Anonymous isn't even reporting anymore!!! That's the crazy part about it. It hasn't reported since last year. The Dofd was in 2005! I was planning on paying but don't have funds to do so yet. The original limit was $300. They state that I owe over $1000.00 @Anonymous Bears I'm just south of Chicago in Kankakee.

Thats could be from late payments and intrest have you sent a DV to the CA?

Re: Helpppppp!!!

Melanie220 — Sat, 16 Mar 2013 03:10:35 GMT

I have one all printed up will mail in the a.m.

Re: Helpppppp!!!

DaBears — Sat, 16 Mar 2013 03:12:20 GMT

@Melanie220 wrote:
I have one all printed up will mail in the a.m.
Keep in mind they don't have to respond to it....When did they do a HP?

Re: Helpppppp!!!

Melanie220 — Sat, 16 Mar 2013 03:13:13 GMT

Yesterday

Re: Helpppppp!!!

Anonymous — Sat, 16 Mar 2013 03:20:31 GMT

They can't threaten you with a law suit if they don't intend to do so. Violation of the FDCPA.

Re: Helpppppp!!!

DaBears — Sat, 16 Mar 2013 03:22:50 GMT

Send the DV CMRRR asap. ceases them from collection until validated.

Re: Helpppppp!!!

Melanie220 — Sat, 16 Mar 2013 03:23:04 GMT

Hmmm so what's my next step? I've already filed a complaint with BBB.DV will be sent out in am. Called twice and no return call.,, really don't know what else to do

Re: Helpppppp!!!

Anonymous — Sat, 16 Mar 2013 03:23:15 GMT

@Anonymous wrote:
They can't threaten you with a law suit if they don't intend to do so. Violation of the FDCPA.

that would be next to impossible to prove though?

Re: Helpppppp!!!

DaBears — Sat, 16 Mar 2013 03:24:13 GMT

+1 Guiness is very knowledgeable and I have learn a lot

Re: Helpppppp!!!

DaBears — Sat, 16 Mar 2013 03:25:25 GMT

That's where you get a consumer attorney invovled!!!! They do exist!!!

Re: Helpppppp!!!

Melanie220 — Sat, 16 Mar 2013 03:25:28 GMT

Can they place this on my CR again????

Re: Helpppppp!!!

Melanie220 — Sat, 16 Mar 2013 03:26:44 GMT

We have one in town. I'll call Monday morning to get advice! Thanks guys. You are awesome and always have great advice! Myfico forum is definitely the best!

Re: Helpppppp!!!

Anonymous — Sat, 16 Mar 2013 03:32:50 GMT

No not really.. Do a search for case laws on the matter. One court ruled that, so, they said they were but didn't, so no harm no foul. (I'm paraphrasing here). But, the consumer appealed and the higher courts said yes, it is against the FDCPA, because it was deceptive.

Brown v. Card Service Center ,