ruben and yates cintacted me today over an apparent Master card I had defaulted on. I do not remember ever having a master card. They are giving me a few days before listing this as a dispute. Apparently this card was for $1,000 and now has a $4,000 balance after years of interest.
Now they say the original debt was from Chase. I looked on my report and see one listed. Here is what it says: Chas na
date opened 3/1999, reported since 11/2003, date of status 2003, last reported 2003,type: revolving, type:revolving, terms NA, month payment:$0, credit limit:NA, high balance $1 782,balance: NA, recent payment:NA.
Status details: on record until Nov.2013
It also says this was transferred and closed.
My question is they say payments were made from 2003-2005. If this account was last reported on 11/2003 then I am thinking it was sold. If this is the case then how is it not past the SOL? I honestly do not remember this account and the only report it is listed on is experian.
With the SOL in their eyes running out soon I only have a few days to settle or be sued for the entire $4,000. They are not giving me anytime for debt validation or anything. I looked them up throroughly on the internet and have not seen one good thing about them. Now I need advice on what to do as soon as possible.
also one other thing I am listed as an authorized user. I have read authorized users are not responsible. Is this correct? I am amazed that this account is showing under positive accounta and nothing noting any collection is under negative accounts.
Hi Firey,
If you are an authorized user, then you are not liable to pay the debt. What I would suggest is, dispute the listing with Experian through a dispute letter and point out that you have been listed as an authorized user in the credit report. If the creditor still pursues, then you have to send a debt validation letter as well as an SOL expiry letter. If all these efforts fail, then you have to file a complaint against the creditor with the FTC and the State Attorney General since they have violated the FDCPA. In fact, if you find that the problem is with Experian, you can send the bureau intent to file lawsuit letter as well.
Hi Justin,
I do not know if the SOL is expired on this debt. They are saying a payment was sent up until Nov. 2005. I did read about authroized users but like I said I am unsure if this is a true debt. I keep trying to think back and I do not remember my husband having a mastercard at that time and if I was an authorized user or if I even ever used the card. I thought authorized users were no longer able to be listed but only the card holder. So if I did use the card can I still be held Liable. I looked at his credit reports and it is nowhere on his under good or negitive standing accounts.
Now if this debt was sold and transferred does that mean the last payment was made on 2003? I also do not believe they can not validate this and still settle afterwards even if a date is set and they file. I will await your response on the authorized user part and continue from there.
One other thing I just thought of...the atty general called these people and told then to send me validation..do I still need to send a debt validation letter?
I am hoping that the atty general asking will help. I just also hope soemone can help me here. I am at loss of what to do.
I would still send the debt validation letter it could end up being the one you think it may be and the one they are talking about are different. If the one you are talking about is listed under positive accounts they must be two different accounts.
I have to agree with debra, I would definately send the debt validation also, I know the attorney generals office has records of your request but you should have a certified letter done up and send it out to them certified mail, return reciept requested. I would do it just to make sure that you are covered fireyone.
Yes I believe that is what I am going to do today. I also know they are suppose to send me a letter (CA) containing information on the debt. It just boggles me that this debt shows on the good side and transferred in 2003. I wonder if they will send a copy of the original contract and the last payment that was made. I do not even remember paying on this. I could look at my bank records to see but I do not even know to whom these payments were suppose to be made to.
I believe I read a debt validation letter somewhere and it said to request the original contract and the payment history on the account. I don't want to give you wrong information so if I were you I would read some of the letters posted on here as to what you can request them to send you. But I would definitely ask for proof something doesn't sound right.
Follow through with the debt validation fireyone, that way if they do take you to court you have the attorney general and your own information to take for proof.
I seriously think that you will be okay now that you have the attorney generals office involved but you never know, good to cover yourself from all angles.
I don't know what happened but it logged me in as Debra and then guest but that reply was from me fireyone.
Alright. Thanks everyone. I am going to search the site and see if I can find what all you can request when you ask for debt validaiton. If I do not find the post I will search through google.
Hi Fireyone,
If you look to the left of this page you should see where it says letters of credit listed. There are some really good ones listed by others on this site. Hope this helps.
Thanks Debra. I did look and although it was an excellent letter it did not seem to fit my problem. See my debt is not even listed on the negative side and they say they have been trying to collect for the last three months but yet they are not listed on the neg. side. they say the last time I paid on it was in 2005 but yet NO debt collector is listed for this debt at all. I am believing it may be one of the two that is past SOL and somehow they are trying to update it.
Upon research I see the OC sold out in 2003 and transferred this account with out sending a bill to me at all.
Yes I have read other post stating that they wait until the time is almost up and then try to collect. I think that is pretty dirty and it should be a law against it. Did you find a debt verification letter yet? And if so have you been able to send it yet?
Stick with it fireyone, make sure you send the debt validation letter via certified mail, return reciept requested. Make them validate, sometimes they think that if they use coercian they can get their way and you will pay.
Stick with it
Hi,
If it is not listed on the negative side then you have less to worry about. Send them a debt validation letter. I do not think that they will be able to validate the debt. Do not pay them anything before they can validate. Once you pay them, you might restart the SOL. In the mean time keep checking your report. If the bureau has something misprinted then it might appear in the negative side again.
When you ask for debt validation you can expect three things from the CA. a copy of the original contract between you and the creditor, your payment history showing your outstanding debt and of course documents proving that the CA has been authorized to pay the debt.
Thanks again Justin. They have been calling nonstop now and I have not been picking up the phone. I sent the DV letter yesterday and want to make sure they get it first. I did check all three reports and do not see them even listed on any of the other two, on either side of the report. I also pulled my husbands report (he is the only one I would have been authorized on) and do not even see it there on any of the reports. Guess the only thing to do is wait and see if they validate
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