law suit for a 9 year old debt in sc
May 2nd 2001, I had my credit report ran to see if I could buy a home. On the credit report was a listing for Fan Distributing Co. for $530. Later that day I called Fan Distributing Co. I spoke to a lady by the name of Katherine Fagner (who I later found out was the sir collection supervisor) she told me that “F.D.C. bought an old master card acct. of mine” and the amount owed was $1183.00 over twice what they listed on my credit report. When I asked her why it was that high of an amount she told me for interest over the years. In the conversation I had with her I asked her what purchases were made on this acct to make the outstanding amount $530.00 and she told me “she did not know, that F.D.C. did not have record of it. Only the info of where F.D.C bought the acct. I asked her if there was some way to work this out, And she told me to pay the FULL amount and the debt would be removed form my credit report.
On May 7th 2001, I spoke to a friend who sold real Estate in N.C. she told me F.D.C. should have all the paper work on the acct. if they did in fact buy an old acct. of mine, and that they should have sent me a letter stating that F.D.C. bought the acct. and any other info they had on it. So on May 10th 2001 I called F.D.C. back once again spoke to Katherine Fagner I asked her about the letter F.D.C was to have sent out and the info on the acct. and she told me, “ we do not work like that, we wait for you to run a credit report and contact us.” So on May 11th 2001 I contacted Equifax by phone spoke to a man named Richard, I filed a reinvestigation on my credit report and on June 7th 2001 Equifax sent me a letter that stated that F.D.C. had been removed from my Credit report. On June 8th 2001 I received a letter from F.D.C. with an Affidavit that showed where F.D.C. bought the acct form another Collection Company called FDM Inc on Oct 7th 1998.
On June 15th 2001, I went back to where I was trying to buy a home when they ran my report F.D.C was back on my credit report with the same amount $530. I called Equifax back spoke to a man named Arron I asked him why F.D.C was back on my report he told me he did not know why and would have them removed. So on July 24th I received a letter from Equifax showing that F.D.C. had been removed from my credit report and with this sheet I also got a updated Equifax report that showed F.D.C. was back on my acct under a new acct. number. When I called Equifax back I was told that F.D.C did not respond to the reinvestigation in the time allowed and was removed but re listed under a new acct. number.
So on July 27th 2001 I called F.D.C. back once again spoke to Katherine Fagner once again was told the full amount would have to be paid $1183. I asked her for a copy of the transactions that took place to make the amount owed ($530) and something with my signature on it showing the acct was in fact mine. And that when I received this info, and there was proof the acct was in fact mine and the outstanding amount $530 was my debt I would call F.D.C. back and work something out with them.
I contacted where I had an master card acct. I spoke to a lady by the name of Barbara, She told me that the account had been closed and that there was no record on file, so she could not tell me what transaction had took place on the account. And to her best knowledge the company ( F.D.C) should have that information.
I never received any letter from F.D.C. On April 12th 2002 I closed on my house when I turned in my application for a mortgage loan I turn in a letter that explained all I had done to find out and fix this problem on my credit report. The mortgage co. told me that “I when well beyond my means to fix the problem and they would over look the debit on my report.” And so did I, I had not heard form them since my last call to them on July 27th 2001.
Now fast forward to July 28th 2004 My wife answers the door at 7am and a sheriff officer hands her papers that has F.D.C. taking me to Civil Court. In the paper work F.D.C is asking for $ 1150 plus interest from April 30th 2002 to June 7th 2004 of $457.92 (this is 18.90 o/o per annum) The cover sheet of this law suit has a box marked with the title (this case is subject to Arbitration Pursuant to the Circuit Court Alternative Dispute Resolution Rules).
This is a list of some of the things I know
1. I did have a master card acct in the early 1990’s it did close in 1995.
2. The statutes of limitations in S.C. is 3 years
3. I did ask for info on the acct to make sure it was my and never got anything
4. In the law suit there is a sheet with a break down of what F.D.C. says is owed. And the top line reads “Balance as of LAST PAYMENT DATE April 30 2002” I have never sent any money to them nor agreed to send money to them and did not have any kind of contact with them after July 27th 2001
5. My wife spoke to a Judge she knows, he didn’t have time to look over anything but did say he was not sure why F.D.C was taking this to civil court and I spoke to a lawyer on the phone who handles this type of cases and he said the same thing.
6. The FDCPA state that a collection agency can’t sue if the statutes of limitations is past.
7. The amount that F.D.C. was asking in May of 2001 is $33 less than what they are asking for now?
I do have an appointment set up with a lawyer in a week. I just wanted to see if I could find out if there could be something more wrong with this. The way I see it I have someone in another state with an old acct number and my name asking for money and no way of showing I owe it. Thank you for your time with this.
May 2nd 2001, I had my credit report ran to see if I could buy a home. On the credit report was a listing for Fan Distributing Co. for $530. Later that day I called Fan Distributing Co. I spoke to a lady by the name of Katherine Fagner (who I later found out was the sir collection supervisor) she told me that “F.D.C. bought an old master card acct. of mine” and the amount owed was $1183.00 over twice what they listed on my credit report. When I asked her why it was that high of an amount she told me for interest over the years. In the conversation I had with her I asked her what purchases were made on this acct to make the outstanding amount $530.00 and she told me “she did not know, that F.D.C. did not have record of it. Only the info of where F.D.C bought the acct. I asked her if there was some way to work this out, And she told me to pay the FULL amount and the debt would be removed form my credit report.
On May 7th 2001, I spoke to a friend who sold real Estate in N.C. she told me F.D.C. should have all the paper work on the acct. if they did in fact buy an old acct. of mine, and that they should have sent me a letter stating that F.D.C. bought the acct. and any other info they had on it. So on May 10th 2001 I called F.D.C. back once again spoke to Katherine Fagner I asked her about the letter F.D.C was to have sent out and the info on the acct. and she told me, “ we do not work like that, we wait for you to run a credit report and contact us.” So on May 11th 2001 I contacted Equifax by phone spoke to a man named Richard, I filed a reinvestigation on my credit report and on June 7th 2001 Equifax sent me a letter that stated that F.D.C. had been removed from my Credit report. On June 8th 2001 I received a letter from F.D.C. with an Affidavit that showed where F.D.C. bought the acct form another Collection Company called FDM Inc on Oct 7th 1998.
On June 15th 2001, I went back to where I was trying to buy a home when they ran my report F.D.C was back on my credit report with the same amount $530. I called Equifax back spoke to a man named Arron I asked him why F.D.C was back on my report he told me he did not know why and would have them removed. So on July 24th I received a letter from Equifax showing that F.D.C. had been removed from my credit report and with this sheet I also got a updated Equifax report that showed F.D.C. was back on my acct under a new acct. number. When I called Equifax back I was told that F.D.C did not respond to the reinvestigation in the time allowed and was removed but re listed under a new acct. number.
So on July 27th 2001 I called F.D.C. back once again spoke to Katherine Fagner once again was told the full amount would have to be paid $1183. I asked her for a copy of the transactions that took place to make the amount owed ($530) and something with my signature on it showing the acct was in fact mine. And that when I received this info, and there was proof the acct was in fact mine and the outstanding amount $530 was my debt I would call F.D.C. back and work something out with them.
I contacted where I had an master card acct. I spoke to a lady by the name of Barbara, She told me that the account had been closed and that there was no record on file, so she could not tell me what transaction had took place on the account. And to her best knowledge the company ( F.D.C) should have that information.
I never received any letter from F.D.C. On April 12th 2002 I closed on my house when I turned in my application for a mortgage loan I turn in a letter that explained all I had done to find out and fix this problem on my credit report. The mortgage co. told me that “I when well beyond my means to fix the problem and they would over look the debit on my report.” And so did I, I had not heard form them since my last call to them on July 27th 2001.
Now fast forward to July 28th 2004 My wife answers the door at 7am and a sheriff officer hands her papers that has F.D.C. taking me to Civil Court. In the paper work F.D.C is asking for $ 1150 plus interest from April 30th 2002 to June 7th 2004 of $457.92 (this is 18.90 o/o per annum) The cover sheet of this law suit has a box marked with the title (this case is subject to Arbitration Pursuant to the Circuit Court Alternative Dispute Resolution Rules).
This is a list of some of the things I know
1. I did have a master card acct in the early 1990’s it did close in 1995.
2. The statutes of limitations in S.C. is 3 years
3. I did ask for info on the acct to make sure it was my and never got anything
4. In the law suit there is a sheet with a break down of what F.D.C. says is owed. And the top line reads “Balance as of LAST PAYMENT DATE April 30 2002” I have never sent any money to them nor agreed to send money to them and did not have any kind of contact with them after July 27th 2001
5. My wife spoke to a Judge she knows, he didn’t have time to look over anything but did say he was not sure why F.D.C was taking this to civil court and I spoke to a lawyer on the phone who handles this type of cases and he said the same thing.
6. The FDCPA state that a collection agency can’t sue if the statutes of limitations is past.
7. The amount that F.D.C. was asking in May of 2001 is $33 less than what they are asking for now?
I do have an appointment set up with a lawyer in a week. I just wanted to see if I could find out if there could be something more wrong with this. The way I see it I have someone in another state with an old acct number and my name asking for money and no way of showing I owe it. Thank you for your time with this.
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