plzzzz some advice needed

vialna · 12-05-2006, 07:14 PM

since learning about how to actively prepare for jdb i have been asking ca for validation and partial c&d. One of the ca, newhorcredit i requested validation, and sent a c&d except by mail and received paperwork from the oc, who was chase manhattan. This account according to my cr was charged off and turned over to collection. Last payment I made was 7-02, i have doc to prove that. I am in florida and no that i am sol on this account under the 4 year written. What my question is, i rec. from chase a copy of the signed APPLICATION, the cover letter states, thank u for your recent inquiry regarding your cc account. they state that they have rec. my liability dispute regarding ownership of this acct. and have enclosed the signed application of this acct. They ask that i review the application, and if it is not mine sign an affirmation of fact document which they will send to their fraud dept. if it is mine they want me to sign an acceptance of liability doc. and forward it.
if i dont respond they say that they will conclude that their investigation based on the facts they have are correct and will continue to report to the cr. bureaus.

I have never had this happen before...now what do i do ?????????

do i respond, that this account is sol, disputed, and that a copy of an application does not represent a written contract...

All responses appreciated..........tks v

roybean · 12-05-2006, 07:19 PM

You asked the CA to validate, correct? Then that's who is supposed to send you validation.

How close to the four years SOL are you?

vialna · 12-05-2006, 07:25 PM

rb, i last paid on this account 6-02, it was charged off 1-03...havent heard anything at all , then rec. collection letter from newhorcredit, stating they were collecting on a debt...formerly held by chase...i requested validation and also sent partial c&d...then i rec. this from chase....the 4 yr on a written was up 6-06. this is 12-06 and i will be 5 years 6-07..my question is what do i do..if i dont respond they will continue reporting assuming their info is correct, but they sent me a signed copy of the APPLICATION...not a contract...v

roybean · 12-05-2006, 07:32 PM

Your objectivity here is whether the CA has complied with the law. Each and every time I disputed a debt with a CA, the original creditor would send me something saying that this is in response to your recent inquiry, for which I did not respond because I didn't ask the OC for nothing. The OC is another issue and to be handled differently. Right now stick to the CA.

vialna · 12-05-2006, 07:50 PM

rb, i thought that once the debt was charged off and turned over to a ca that the ca now handled the account and that the oc was out of the picture...am i wrong in my thinking..or does that just apply to jdbs..v

roybean · 12-05-2006, 07:52 PM

JDBs literally purchase the debt from the OC or it may pass thru several hands. A CA merely collects for the OC which may be for a percentage of the debt. If the OC responded to your DV you can bet the OC still owns the debt and has hired out.

hannah · 12-06-2006, 12:35 PM

V - You are under no obligation to the OC to accept liability and I would ignore it. What they have sent you is not in response to the CA's obligation to send you validation. The OC is supposed to send the validation to the CA and the CA is supposed to forward it to you. What I suspect the OC is doing is trying to verify whether or not this might be a case of identity theft but again you do not need to reply to them at all. The CA/JDB has to send you the validation and I would ignore what the OC sent you. (But do keep it as you may need it later.) This does not affect the OC's right to report the debt to the CRA's for the full seven years but it should be reported accurately. If they indeed sold the debt, then their tradeline should read as closed with a $-0- balance and if not, then that is a violation of the FCRA.

If you last paid in 7-02, then it has been 52 months since the date of last activity and as such is indeed SOL for a 4 year written under Florida's new caselaw.

Again, you do not need to respond in any manner to the OC. Ignore it as it is not in your best interest to do otherwise.

If you are sued, simply answer affirmatively that the debt under Florida law is OOS.

vialna · 12-06-2006, 09:24 PM

tks hannah, u explain things in detail, which is very helpful since the meds im on
often make me fuzzy...i do understand and will not reply, i did keep letter and copy of APPLICATION..
i do not intend to futher send any kind of requests to the ca on this account either. ...dont want to wake them if theyre sleeping...i know that i have until 7-07 before the 5 yrs on written in florida is up...and that again does not mean they wont try to still sue...

btw i did settle with the jdb atty that i sent u an email on, and he did vacate the judgment and send me copies of letters he sent to all three reporting agencies demanding that they delete any and all neg. trade lines related to this account..and listed it current and paid as agreed...my gut was right on that one...agan tks..as always.......v

hannah · 12-06-2006, 09:37 PM

Quote:

Originally Posted by vialna

tks hannah, u explain things in detail, which is very helpful since the meds im on
often make me fuzzy...i do understand and will not reply, i did keep letter and copy of APPLICATION..
i do not intend to futher send any kind of requests to the ca on this account either. ...dont want to wake them if theyre sleeping...i know that i have until 7-07 before the 5 yrs on written in florida is up...and that again does not mean they wont try to still sue...

Yes they may but if they do not have that info they can't sue on a written account. Do not acknowledge receipt of it to the OC.

Quote:

Originally Posted by vialna

btw i did settle with the jdb atty that i sent u an email on, and he did vacate the judgment and send me copies of letters he sent to all three reporting agencies demanding that they delete any and all neg. trade lines related to this account..and listed it current and paid as agreed...my gut was right on that one...agan tks..as always.......v

Good....I was sure he would if you explained it right. Way to go! Let me know if there is anything else you need. You have my email and you can always reach me here at IC.