OMG!! Good news...I think!

[Anonymous]

if it is valid- the CRA MUST notify you in writing that it will be inserted.

Chances? too many factors to say. When was the last time it was reported?

[Anonymous]

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Timothy wrote:
if it is valid- the CRA MUST notify you in writing that it will be inserted.

Chances? too many factors to say. When was the last time it was reported?

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On the CR from 7/20 it was last reported on 2-09-06. So last reported 1 1/2 years ago.  Does that mean anything??

It is a valid debt but it belongs to DH's ex wife ~ she was 3 months behind at the time of the final divorce decree and refused to follow the decree and meet with DH to transfer the note into her name soley...I think because she knew it would be repo'd a month after the divorce was final and it would be on Chad then as he was primary borrower and she was just the secondary on the note.

Thanks for your help!!

[Anonymous]

kims wrote:

I disputed the owner of the debt from the repo (Thornton Financial)stating that the debt was owed by his exwife per the divorce decree
...
Today it's gone from Experian ~ report says DELETED! What does this mean...will it be gone forever or if at anytime they can verify can it be put back on his CR?
..
I'm waiting to see if anyone here can tell me if this can show back up on his CR's if at some time in the future Thornton can verify and if Thornton can't verify the debt with the CRA's how do I get rid of the CA.  I think SOL is up Jan 08 ~maybe as late as June 08.  I just wanna stretch it out for as long as I can.
...
if Thornton, the owner of the repo debt, tries to reinsert the CRA has to notify me in writing or Thornton does?

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If you sent a CA a timely DV, and they haven't validated, and the CRAs deleted, then if the CA puts it back on your CRs without validating they are in violation of §809 FDCPA by continuing collection efforts without validating.

This is the power of DV over FOAD when it comes to debts a CA doesn't have the validation to show it's legit for them to collect. With FOAD, things can come back. With DV, they either validate or go away and anything else is a violation.

When you say the report says DELETED, is that per a paper copy of your CR from EX you got in the mail? If so, that's normal.

[Anonymous]

We haven't received the paper copy of the investigation results from EX yet...this was in an email DH got from EX.

Credit Items   THORTON FINANCIAL SERV Account Number: 48.... Outcome: Deleted

We are waiting impatiently for EQ's investigation results lol  If the "owner" of the debt can't verify it with the CRA's will the CA they hired leave us alone?  Still letting the machine get 3 or 4 calls per day. 

[Anonymous]

Was this a timely DV?

[Anonymous]

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Noah_Bodie wrote:

Was this a timely DV?

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yeppers...received initial collection attempt from CA via letter dated 4/10/07.  Sent 1st DV request on 05/08/07...no reply just numerous harrassing telephone calls.  Sent 2nd DV request CMRRR on 07/05/07...got the green card back on 7/16/07.  Received a package of paperwork from them on 07/23/07 ~ lots of loan stuff but nothing saying they were legally assigned by the "owner" to collect the debt ~ all the while the calls to home and work continued.  In between the time I sent the 2nd DV  and the time I got the package of paperwork from them I had disputed the "owner" of the debt, Thornton Financial, with EQ and EX.  Low and behold Thornton Financial has been deleted from EX and hopefully will be gone from EQ shortly.  It was deleted from TU back in March.

Just for clarification purposes:

The OC was HSBC.  The vehicle was repo'd and sold at auction.  The difference in what was owed and what the vehicle brought at auction was around 10k.  Allegedly HSBC sold the CO to Thornton Financial.  Thornton Financial  isn't bonded or licensed in Texas to collect debts they allegedly hired Syncom / Synergetic Communication in Houston to attempt to collect the debt and they are the CA we're having so much trouble with.  Syncom apparently doesn't own the debt as they aren't reporting to the CRAs, they are just the CA for Thornton.  How can the CA still be harrassing us if the "owner" can't even verify enough info to keep it on CRs?

  I have written a 3rd DV request demanding they not call our home or work and to send the validation that we request : Complete payment history, letter of sale or assignment from the OC to their company and intimate knowledge of the creation of the debt.  So we'll see what happens.  DH and I were going to go the pay someone $$ and they take care of it for us but he's leary of doing that...and the person that was going to do this is an expert in his field...but I think we might be ok now that it's dropping from the CRA's.

I'm sketchy on the SOL...we're in TX and it's 4 years.  DOFD was Jan 04 vehicle was repo'd beginning of Jul 04.  So when is the SOL up?  If I can just stretch this out long enough the SOL will get rid of the CA.  Well, it'll help us get rid of the CA.

[Anonymous]

In TX, you can DV anytime. Timeliness isn't even an issue. Only difference is that if it's a timely DV under FDCPA, you can sue 'em for either the federal or state violation. Outside the FDCPA 30 day window, you have to sue for the state violation.

CA not licensed is yet another violation of state law. Doesn't matter if they validate or not. Doesn't matter if you are out from under the SOL or not.

Did you DV Thornton or Syncom / Synergetic Communication or both?

When you say pay someone to take care of it, I presume you mean lawyer rather than hitman.

[Anonymous]

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Noah_Bodie wrote:

When you say pay someone to take care of it, I presume you mean lawyer rather than hitman.

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LMAO...I hadn't considered a hitman ~ gosh you are just chock full of good ideas!! Jokes..just jokes!!

It's a consumer advocate (I suppose that's what he's called) that most everyone is familiar with 'round these parts.  Like I said DH is extremely leary of paying anyone to take care of this...I think he has too much faith in me.  Wanted to know what this guy could do that I couldn't do since I was having success anyway ~ I told him take it off my shoulders and make it go away!!  But anywho ...

I DV'd Syncom/Synergetic Comm only.  Never sent anything to Thornton just disputed it with the CRA's.  TU deleted in March (before I found this place and before I knew what I was stepping off into) and EX deleted this week.  EQ is STILL investigating.

I DV'd Syncom/Synergetic because they sent us the initial letter... A claim in the amount of 10k owed to Thornton Capital Advisors has been placed with our office blah blah blah you have 30 days to notify this office in writing if you dispute this debt blah blah blah if not we'll assume the debt is valid blah blah blah. 

I've looked Thornton up under all names they are listed as on the CRs and they aren't licensed in TX to collect so I guess they hired this CA who is licensed to attempt the collection.

What do you think the SOL date is?  DOFD is Jan 04  Repo in July 04??

Message Edited by kims on 08-09-2007 06:06 PM

Message Edited by kims on 08-09-2007 06:06 PM

[Anonymous]

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kims wrote:

It's a consumer advocate (I suppose that's what he's called)

...

I DV'd Syncom/Synergetic Comm only.

...

I've looked Thornton up under all names they are listed as on the CRs and they aren't licensed in TX to collect so I guess they hired this CA who is licensed to attempt the collection.

What do you think the SOL date is?  DOFD is Jan 04  Repo in July 04??

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SOL in TX is solidly 4 years. DOLP or DOLA.

Did Syncom validate with anything?

I'm inclined to say, if you found someone who's your Budd, and he ain't charging you a whole arm and a leg, let him have a go at 'em.

[Anonymous]

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Noah_Bodie wrote:

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kims wrote:

It's a consumer advocate (I suppose that's what he's called)

...

I DV'd Syncom/Synergetic Comm only.

...

I've looked Thornton up under all names they are listed as on the CRs and they aren't licensed in TX to collect so I guess they hired this CA who is licensed to attempt the collection.

What do you think the SOL date is?  DOFD is Jan 04  Repo in July 04??

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SOL in TX is solidly 4 years. DOLP or DOLA.

Did Syncom validate with anything?

I'm inclined to say, if you found someone who's your Budd, and he ain't charging you a whole arm and a leg, let him have a go at 'em.

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Yep I would definitely like to make him my BuddY but convincining DH is another story...God that could me misconstrued lol.  I was convinced after about 5 minutes on the phone with him and for the stress this has caused me what he's asking for is extremely reasonable!

Syncom sent a big package of paperwork... included is wrecker invoice from repo and the loan paperwork.  I want them to provide proof that they have been hired by Thornton and that Thornton is the legal owner of the debt.  I'm not going to pay them anything just because they say Thornton has hired them and I have no proof that Thornton ownes the debt.  Apparently Thornton can't provide enough proof to the CRA's to keep it on the CR.  This should get interesting.  I'm gonna see how long I can push it before I have to get my Budd to help out.  So if DOFD, DOLP or DOLA is in Jan 04 then I should have less than 4 months before the debt is covered under SOL,  right?