This is what I think. They can push you all they can but they will not be able to sue you in court unless they have a copy of the original signed contract between you and the OC. If you have bought the OC's product online and made an electronic signature, that is good enough as well.Most of the time, especially when the debt is sold, or the banks merge etc, that agreement is not available.It very well could be too however.
I think you should send a second letter, very brief and to the point stating that you don't know this debt and who they the heck they are and that you are concerned that they have obtained your financial information including your SSN and are demanding an obscene amount of money and also putting it all over your credit report. Hence they send you the copy of the original signed contract between you and the OC and a satisfactory explanation of the debt - the orignal debt @ DOFD and the acrued interest interest, charges, fees etc.Thats it.
Dont have to ask for anything else as all the information such as amount of debt, OC address etc is something they usually have and use to verify those funny disputes with the CRAs. Especially when they claim they don't have to provide you any information since you are too late. Also, if you ask them everything from A to Z, they will likely answer to a couple of questions they can, such as the ones they can to the CRAs and ignore the rest. Dont give them that chance and ask them only for those two things that I mentioned above to start with. They either have the info or dont. Period.
Also, if you have contacted them after a long time, did they send you a new letter. Basically every letter they send has a note in the bottom saying that if you wanna dispute it, you have 30 days to do so. So technically, its been two years yeah, but their letter still gives you further 30 days from the day they sent it which is very recent. Just an idea.Not sure about the actual law.
If they dont reply, send it again and again.Unfortunately, you will have to be a lot patient. Also start off with BBB, FTC, AG an all. My point is that if you get an idea that they do not have that copy of the contract, they dont have a case in court for a judgement and you can tell them to FOAD if they don't want to agree to a PFD or paid current and closed. However, if they do have that information, you must be really concerned and discuss with them about settling and closing this whole thing. Keep an eye on your SOL.
P.S: Please confirm everything with other, more experianced people on board here. I started learning and rebuilding from only this Jan 09 and am pretty new still.
Message Edited by nothingman02 on 03-15-2009 06:57 AM
