[DazedandConfused]

Issue #1:
I have an account from AT&T Wireless on my CR with the CA being Palisades. (I know there are tons of complaints against them, I just want to make sure I've got my ducks in a row.)

First and foremost, the CR says "Date Opened" is 10/2004. In actuality, this is an account that I have not paid on since late 2000 (because the debt is not accurate, I do not owe them as much as they claim). Is it legal for them to report it was opened in 10/04? Is this considered re-aging? If I do not succeed in getting this removed from my CR via the debt validation, is it possible to fight to get it listed with the correct open date?

Second, I have disputed this through all 3 CRAs, Equifax removed it on first dispute, TU says (after 3 disputes) "Dispute resolved; customer disagrees", and Experian says (also 3 disputes) "Subscriber reports dispute resolved - consumer disagrees."

Here is my plan of action, following the flowchart found [/url]:

4/20 Send DV request to Palisades and dispute with CRAs in writing. My DV letter says:

I just pulled a copy of my credit report and noticed that your agency is reporting that I owe you a debt. I was not aware of this debt until now, and under my rights under the fdcpa, I request that you validate this debt.

as shown in this example letter[/url]. Is this a sufficient DV request? And have I correctly determined that Palisades has 30 days to send validation?

Issue #2 is I have an account on my CR for AT&T I have no clue about, it appears like this on my CR:

Creditor Name:
- Account No.: XXXXXX
- Original Creditor: AT T CCO
- Responsibility: Individual
- Condition: Derogatory
- Original Balance: $1254
- Balance: $1254
- Date Opened: 08/2004
- Date Reported: 02/2006

How do I find out the creditor? Obviously AT&T was the original, but how do I find out who listed it on my CR? And, this is another like the AT&T Wireless, I KNOW I did not have an account with AT&T in August 2004, I ceased all business with AT&T in mid to late 2001 due to the problem with AT&T Wireless above. Without knowing who the creditor is (and AT&T is not listed in my list of creditors at the bottom of my TrueCredit 3in1 CR), how do I fight this?

Thanks for any advice and assistance.

Links deleted as per forum rules-Mike

[curlycarl]

Chances are AT&T sold the account to Palisades in 2004 that is because date opened is showing as 08/2004. With that said, Palisade is the one who reported your account to CRA.

You can send request for validation to Palisade, but collection agencies are not bound to respond to your DV letter within 30 days, however, they cannot start collecting unless they validate it.

Dispute it with credit bureaus too. If Palisade verify it with CRAs and fails to validate to you, it will be violation of laws. You can file complaint against them and can ask CRA to get the item off. Have you disputed the item already?

[DazedandConfused]

I have disputed Palisades two times, possibly 3 with the CRAs. Equifax removed it right away on first dispute, Experian and TU are hanging onto to it for dear life. I mailed Palisades a DV today.

By "start collecting on it", what exactly do you mean? I don't think they've ever tried to contact me, but it's been on my CR for over a year. Is being on the CR considered started collecting?

[stella]

Basically, if a collection agency fails to validate the debt, it cannot be there on your report. When did you request for validation? Do you retain copy of the letter sent to them and the return receipt as well? You can attach copies of these documents while disputing with TU and EX this time.

Correct me if I'm wrong, CA contacts the debtor to inform about the account with them. They must send some written document within 5 days of initial communication. If they don't, debtor can request for validation. Once validation reaches debtor's door, debtor has 30 days to dispute. CA can report it to CRA by this time. However, if debtor disputes the debt, CA should recall the entry.

[DazedandConfused]

I just sent DV letters today. I have copies saved on the computer and printed copies. I've stapled my certified mail receipt to the print copy.

At this point, what do I do if they do not send debt validation? Is there ANY length of time they are now held to?

[stella]

Unfortunately, no. However, it would be better, if you mention a time in your letter and send the follow up letter once that time period is over.

Obviously the deadline to respond to your follow up letter would be lesser. If the fail it too, then you can surely ask CRA to remove the item.

I received a phone call from palisades re: an extremely old credit card account from my college days (1989, if you can believe that) under a former last name (14 years ago) that was charged off back in the early 90s, or maybe even earlier. My state's SOL is 4 years, from what I have been able to find out, and it has not appeared on my credit report for a period of years now. I don't even know why they are attempting to collect a debt this old. I have ignored any mailed requests to make payment arrangements, because what I have understood is that it would do nothing to help anything, and would probably cause new problems. The number they called me on was my cell (we have no home number) and I have NO IDEA how they got it, because that has only been since 2003! I wouldn't have spoken with them had I known who they were, but unfortunately I didn't, so I did talk to them, but what I told them was that this debt was nearly 20 years old, once they did tell me what it was, and that I would not make any payment arrangements or open this back up again in any way, so I had nothing more to say to them. The lady politely said thank you and hung up. This all being said, do I have anything to be concerned about at this point? There isn't anything they can do at this late stage of the game to pursue it is there? My husband told me not to give it a second thought, but of course, it's worrying me anyway. Any help or advice would be appreciated. This all seems so ridiculous to even have to deal with at all.

These Junk Debt Buyers purchase debts in bulk, they will try to collect on as many of them as they can regardless of how old it is.

[NASCAR_Devil]

The have the option of trying to collect but you have no legal obligation to pay them. If they send you a dunning letter, reply with a full cease comm.

I have been harrassed byt Pallisades regarding an old AT& t bill back from 2000. I have been harrassed by over 700 phone calls, 5 court appearances and two warrants for my arrest. I am a single mother, I didnt know about desputing the debt until recently. Now this company has tripled the aount of the original debt and is trying to go after me for more money. Consumer beware. Debts like this may disappear for awhile until you get a summons in the mail to appear in court.

[NASCAR_Devil]

A warrant cannot be issued for your arrest for consumer debt.