Okay HappyDays!!!!!

[Anonymous]

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!

[Anonymous]

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.

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

          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

[Anonymous]

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:

1. Signed credit application between myself and the original creditor.
2. Copy of all signed vouchers from the date account was opened until default.
3. Copies of all statements form the date account opened until default.
4. Proof of the Statute of Limitations
5. Proof of agreement that you were hired by the Original Creditor (creditor as defined by the FDCPA) or
6. Copy of the contract Elite Recovery Services purchased the alleged debt from the Original Creditor
7. 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.
8. 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!

[Anonymous]

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

[Anonymous]

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

[Anonymous]

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.

[Anonymous]

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!

[Anonymous]

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.

[Anonymous]

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)?

[Anonymous]

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?