Need help

Lucy · 04-13-2007, 10:16 PM

I've got a lot of questions that I need answered, some have I am sure been asked before but I have a deadline on something and want to make sure I am correct in thinking.

Am I right in thinking that each time a debt is passed to a ca, validation can be requested from each one? It is continued collection activity when validation is not received and debt is passed on to the next ca, right? The date of 1st delinquency is the day you stopped paying, right? The sol begins 180 days past the date of 1st delinquency with oc, right? Purchased debt does not start or restart the sol, the sol only begins with an oc, right?

I'm trying to get ducks in a row and would really appreciate your help with these questions, thanks bunches.

roybean · 04-13-2007, 10:51 PM

Quote:

Originally Posted by Lucy

I've got a lot of questions that I need answered, some have I am sure been asked before but I have a deadline on something and want to make sure I am correct in thinking.

Am I right in thinking that each time a debt is passed to a ca, validation can be requested from each one? I would do so to protect my rights. I don't think the frozen idea is concrete.

It is continued collection activity when validation is not received and debt is passed on to the next ca, right? Some say it is Lucy, but as I said, I would use every weapon available to me and still DV the CA or JDB.

The date of 1st delinquency is the day you stopped paying, right? I believe this depends on the OC and your contract/agreement.
The sol begins 180 days past the date of 1st delinquency with oc, right? This is when the OC legally must report the debt as delinguent.

Purchased debt does not start or restart the sol, the sol only begins with an oc, right? Correct.

I'm trying to get ducks in a row and would really appreciate your help with these questions, thanks bunches.

Enigma · 04-13-2007, 11:18 PM

Quote:

Originally Posted by Lucy

I've got a lot of questions that I need answered, some have I am sure been asked before but I have a deadline on something and want to make sure I am correct in thinking.

Am I right in thinking that each time a debt is passed to a ca, validation can be requested from each one?

Yes.

It is continued collection activity when validation is not received and debt is passed on to the next ca, right?

It depends. If you C&D a CA then yes, otherwise it is a toss up. But I raise it as a cause of action.

The date of 1st delinquency is the day you stopped paying, right?

No. If your payment is due on the 20th, and you have not paid, technically it falls on the 21st as long as you do not bring the account current.

The sol begins 180 days past the date of 1st delinquency with oc, right? Purchased debt does not start or restart the sol, the sol only begins with an oc, right?

This is state dependent. Usually the SOL begins to run on the day the breach occurs. If you go into default on the 21st then in most states the SOL begins to run on that date. The 180 days has to do with credit card banks and Rule 5000. It has nothing to due with the SOL.

I'm trying to get ducks in a row and would really appreciate your help with these questions, thanks bunches.

Lucy · 04-14-2007, 12:32 PM

Thanks to both Roy & Enigma.

I am working on a reply to a complaint filed through the IL AG ofc against Arrow. Counsel for Arrow states in their reply letter that pursuant to the FDCPA, the time which I had to dispute the validity of the debt has long since expired. Furthermore they write that I have acknowledged the debt in my letter? and I claim it is out of the sol, however, it is not out of statute and they are not prohibited from attempting to collect the debt.

This is why I needed some questions answered about when the sol begins and about validation.

They are so sol and as centex once said, she didn't mean the statute either.

As Roy says, will it ever end?

Pale Rider · 04-14-2007, 01:21 PM

Quote:

Originally Posted by Lucy

I am working on a reply to a complaint filed through the IL AG ofc against Arrow. Counsel for Arrow states in their reply letter that pursuant to the FDCPA, the time which I had to dispute the validity of the debt has long since expired. Furthermore they write that I have acknowledged the debt in my letter? and I claim it is out of the sol, however, it is not out of statute and they are not prohibited from attempting to collect the debt.

I remember reading a case where one court ruled that you only get one shot at validation. After the 30 day period after first communication you would not have another chance, even if there is a subsequent collector. I wish I could remember which district and what case.

The good news is that not all courts have that opinion, and the FTC has stated that you can request validation each time. The other good news is that no matter if your are in that courts jurisdiction, you never lose your right to dispute. You may lose the right to validation and the ceasing of collection activity, but you can dispute anytime you like. Check 809 (c). The FDCPA does not say you have 30 days to dispute, it says you have 30 days for validation and the rights under 809 (b). Check your state laws about the acknowledgement of the debt. It may have to be signed and in writing. That is another good reason to never sign a dispute.

Enigma · 04-14-2007, 01:36 PM

When were you first contacted by the first CA?

Do you still have that letter?

Pale Rider · 04-14-2007, 01:44 PM

The case I was thinking of was Senftle v. Landau et al F.Supp.2d, 2005 WL 2367535 D.Md.

Lucy · 04-14-2007, 03:44 PM

Thanks all.

I have every letter from Arrow, 1st one 2004, this is when they bought the debt. I requested validation, then March and Sept 2005 from Arrow. No validation yet from Arrow.

Nov 2005 I get a letter from a ca, requested validation..nothing. 2nd letter from another ca Nov 2006, requested validation..nothing. This past Thurs I get a letter from another ca stating that Arrow has assigned the acct to them. Of course I am going to send off for validation. So this makes 3 ca's Arrow has assigned this to.

Orig debt from 2001, last pmt Sept 25th 2001.

Am I correct in assuming that cr cd debt is open end?

Again, thanks.

hannah · 04-14-2007, 04:54 PM

Alabama Statutes of Limitations:

Contracts under seal: 10 years, (A.C. 6-2-33)
Contracts not under seal; actions on account stated and for detention of personal property or conversion: 6 years (A.C. 6-2-34)
Sale of goods under the UCC: 4 years (A.C. 7 -2- 725)
Open accounts: 3 years (A.C. 6-2-37)
Actions to recover charges by a common carrier and negligence actions; 2 years, (A.C. 6-2-38)
Actions based on fraud: 2 years (A.C. 6-2-3)

Just don't let them get you on an account stated as it would be close in SOL.

Pale Rider · 04-14-2007, 06:34 PM

Quote:

Originally Posted by Lucy

Am I correct in assuming that cr cd debt is open end?

It meets the definition for "open credit" under TILA.

(20) Open-end credit means consumer credit extended by a creditor under a plan in which:

(i) The creditor reasonably contemplates repeated transactions;

(ii) The creditor may impose a finance charge from time to time on an outstanding unpaid balance; and

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Hedwig · 10-16-2007, 09:50 AM

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