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Birddog257

Guest
What is the name of your state? IL

Back ground on this debt. My wife prior to our marriage was engaged to a dead beat. In order for them to get rings she had to open a joint account with dead beats father (Deadbeat had lousy credit). Account was opened with Jeweler. Deadbeat goes with Father and they buy the ring. A few weeks later the engagement was broken off and my wife returned ring to father. This was back around 1993. She has never heard anything from anyone since this. I know she did not sign for the ring itself and I would be surprised if they have her signature on the joint application (maybe they do).

I had a CA call me in May regarding this debt that I beleive is not valid. We sent a letter certified RR disputing the debt and asking for it to be validated. I got the green card back with a received date of 5/21/02. Never heard or recevied anything back from the CA. Last night we got a call from a atorney saying that she was representing the CA. I told her that I did not believe this was our debt, and that I already sent the CA a validation letter and it is disputed. She said that she would have her client validate the debt. .

In addition the orginal letter from the CA says the follwong:
"Be advised that our client ABC Co, recently purchased your defaulted household finance account, that may have orginated with XYZ Co but most recently being serviced by the 123 co."

On the credit report there is a listing for XYZ co, that says its a "Conditional Sales Contract Installment" the account has a open date of 12/92 and a balance date of 05/93. Account status is paid as agreed.
The balance is zero.
There is NO collection activity on the account and never heard of these other companys.

What should we do now? The 30 days have long since lapsed, the CA never answered our validation request

How can I make this go away? Should I send another letter? Should I get a lawyer?

Also the CA letter is addressed to Deadbeats father and MY wife with MY last name.

Sorry for the length of this message!!!
 


Ladynred

Senior Member
Does the credit report say when the date of last activity was ?? When was it last paid ?? Have you checked on all THREE credit reports ?

If the 30 days since they received your validation request has passed, and they haven't validated it, its time for another letter. This time you tell them that in accordance to the FDCPA they have not validated the debt so they must cease collection and remove any entries from the credit report. You can find sample post-30 and post-60 day validation letters over at www.creditnet.com under Discussions..register (its free) and look for these letters.

Possible SOL issue...
If this account is, in fact, a written contract, the SOL in IL is 10 years, so if the date of last activity turns out to be 5/93, its getting close to expiration, which is probably why you're hearing from these CA's now. If the D.O.L. is late 1992, then its probably even closer to expiration. Continuing the validation process might buy enough time until the SOL does expire, then there's nothing they can do, legally they can't sue for it.
 

JETX

Senior Member
Ladynred is correct..... if this were a written contract. Here are the other SOL's for Illinois:
Sales (UCC): 4 years
Open Acct.: 5 years
Written Contract: 10 years

This is one of the reasons it is important to get copies of the debt records.... to see what debt source is applicable.
 
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Birddog257

Guest
The report has all 3 Reporting agencies on it and only trans union is listing any type of entry. The balance on the report is zero, and it says paid as agreed.

I have know Idea when it was last paid, the report says "Balance date" 5/93. But also says zero balance?

So you all think I should send another validation request type letter, ( saw the samples on credit net). And tell them I want the signed contract? Also, my wife thinks that it was actually a credit card application, not any type of loan.
 
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Birddog257

Guest
PLEASE HELP!!

I am looking at the letters on credit net, I need to send another letter but they all seem to be directed to CRA, not a CA. There is nothing on my credit report that is inaccurate, I just have these dumbasses telling me I owe money.

The orginal letter sendt was just like first validation letter from creditnet.
 

Ladynred

Senior Member
Validation letter - 30 days later - clearly states in red that it can be used for either a CRA or a creditor/collector. They can always be modifed.

If you want another source, try www.creditinfocenter.com and check out those letters. There's also a big section on debt validation and a discussion board with good folks on it.
 

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