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 Posted: Thu Apr 06, 2006 3:06 pm Subject: what to do next?? |
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I recently had midland credit say I owe them money for an old debt- (which may be past it's SOL date). I did send them a DV letter, they sent a letter back asking that I send in all info I have while they "varify" (not validate) my account- I don't have the documentation- I have lost it in one of my many moves--I am not sure what to do next? If I communicate with them, will it affect my SOL date- will they think I am taking responsibility for the debt???
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krista
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| Posted: Thu Apr 06, 2006 3:50 pm Subject: |
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Your request for not valiating the debt should not change the SOL. Reply back to them with a letter restating what you are requesting and that their initial reply was not adequate and you are still disputing the debt. Do not in any way tell them, give them any documenation you may have. The debt validation process is designed for the colelctor to show evidence of a valid debt.. not for the alledged debtor to show they are not.
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jj
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| Posted: Thu Apr 06, 2006 6:04 pm Subject: |
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thank you for the info- i will re-send them another letter- should I just copy the same DV letter I already wrote or is there a different format I should use?
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krista
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| Posted: Thu Apr 06, 2006 9:30 pm Subject: |
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You don't have to send them anything. The burden of all proof rests with them. You made a good point about validation. An alleged creditor must show that you have a contractual obligation to pay them. Not just to varify that they have your name and address.
If the alleged debt is out of SOL, I'd just send a cease communications letter, and state that the debt is out of the SOL. Even if originally the debt was valid, if it is out of the SOL, you are not obligated to pay anything. Indeed if you do pay anything, it will re-start the SOL.
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mwtx
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| Posted: Fri Apr 07, 2006 4:16 am Subject: |
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i am not exactly certain that the SOL date is expired. I can not find any paperwork (I have moved 6 times in 7 years). I do know that I haven't recieved any info from the original creditor (Citybank) since 2000 or early 2001- The contact in 2001 was just letters stating I disputing the debt- I know that I haven't made a payment since at least late 1999- Is the SOL expired? Should I still send a letter stating the SOL is out (even though I am not exactly sure)- The debt was in MN, and the SOL is 6 years- I think it should past the SOL date??
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| Posted: Fri Apr 07, 2006 12:40 pm Subject: |
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Logically speaking, if you have not paid anything after 1999, then the debt must be out of the SOL period in your state.
If you fear taking chances, you can always request for detailed information about your account from the company and the company should not object giving you so. This request will not make you pay the debt if it is out of the SOL period.
Regards
Roxette
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roxette
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