Did I just start the clock over?

Date: Tue, 09/04/2007 - 08:30

Submitted by anonymous
on Tue, 09/04/2007 - 08:30

Posts: 202330 Credits: [Donate]

Total Replies: 15

I had a bad call with Genesee Associates this morning. I believe they don't truly own the debt in question for the following reasons:

1. They do not show up on my credit report as owning the debt.

2. I have not received anything from them in writing (though they are claiming they did send a letter).

3. They refuse to give me an address I can write to them to request that the account be validated.

4. I do not find anything but bad stuff about them on the web.

So my question, in the heated conversation, I did admit the account with the original creditor, but I was also sure to state that the last contact with them to try to pay the account was over 6 years ago (SOL in Texas is 4 years). I did not agree to any kind of payment with Genesee...simply argued with them that I did not believe they owned the account and were trying to scam me...seeing as they had such an issue with providing me an address. Did I restart the SOL clock? IF they are legit, could they sue me? They didn't threaten to sue...just said that the account would remain on my credit report (which prompted the question by Genesee asking when I THOUGHT the last payment was made, and my slip up in frustration acknowledging that the last payment was made over 6 years ago...meaning the issue should come off of my credit report in less than a year). Or, am I still good?

Now, I know some collectors are going to come on here and blast me for not wanting to pay this account, so I'm going to give some background here. This was an account for something my ex just had to have. I was in a rather controlling and abusive marriage...my ex pushed me into this, and it was put in only my name. My ex was later thrown in jail for assulting a cop, which gave me the opportunity to get out of the marriage. Divorced with 2 kids, I struggled to make ends meet (as I received no child support). I had to put priorities on my debts....house payment was a must to keep a roof over our heads. Car payment was a must to get me to and from work (my car was so upside down, getting rid of it for something cheaper was not an option). Other than that, the rest of my pay check went to utilities, gas, insurance, food, cheap child care (so that I continue to work) and clothes for the kids as it was needed (usually from second-hand shops and Goodwill).

I defaulted on a lot of accounts that my ex help run up. I made good with all but this one (through some sort of settlement agreement). I tried to make good with this one creditor, but they were very ugly to me in communications, and refused to work with me in any way! They wanted ALL or nothing, though I proposed a settlement that was more than the original balance borrowed (basically, I was offering to give back what I borrowed, and they would break even, rather than make a profit off of the interest and fees). They got so crazy with the interest and fees, that the amount I offered was just over half what they said I owed. Considering the account was well past charge off, I thought they would be happy with the offer, such as were all the other creditors. I mean, I was offereing to pay back what was borrowed, plus a little extra! They wouldn't hear of it, and instead called me all kinds of names on the phone, and their collector going so far as calling me a bad mother for not paying my debts! That was the last contact I had from them! I was so ticked, that I figured if they wanted the money that back, they could come after me!

I had not heard a peep about this account until recently. I have since remarried, and have a wonderful husband, now. Three years ago, we bought a house....no word from this creditor. I finally got to the point where I could trade in that upside down car....no word from this creditor. My husband and I took out new lines of credit....no word from this creditor. I have been watching my credit report, and watching my score go up as the settled debts have been falling off. Now, just before this debt is to fall off my report, this Genesee company comes out of the woodwork, and claims to own this debt! Seeing as I've never heard of Genesee before, I did some research. I'm not the kind to just hand over money to anyone who says I owe them....that is just stupid! I want to validate that it is legit, first! As I detailed in another post under a different topic, the phone call with Genesee went sour really fast when I asked for an address so that I could validate their claim! I mean, my husband had an old debt come out of the woodwork that he was sure he had paid, and when he asked for an address, they were like, "No problem...it's _______. We will also send you another notice." (which we received within a week of that call). The fact that I have never received this notice Genesee claims they sent me, and they kept avoiding giving me the address in our phone call, there are a few red flags! I am not going to deal with these people any longer. I just hope that IF they are legit (and are just being complete butts), that I did not just start the clock over by admitting the debt to the original creditor, even though I did point out last contact was 6 years ago.

Here is their address. Genesee Valley Associates 333 Metro Pa

Here is their address.
Genesee Valley Associates
333 Metro Park
Rochester, NY 14623

You did not restart the SOL. They are just scum. Send them a debt validation letter immediately by tified return receipt mail. Do not speak with them. Here is a letter that I have used in the past.

Quote:

Your name and address

Their name and address

Attn Mr Bottom Feeder

Re Acct # XXXXX

Dear Mr. Feeder.

I received a call (or letter) stating that I owe your company $XXX on the above account
Please be advised that this is the first communication that I have had with your company regarding this matter by phone, mail or otherwise.

Please be advised that pursuant to the Fair Debt Collections Act, 15 USC 1692G Section 809 that this debt is disputed and validation of this claim is required. To validate this claim I require the following:
>What the original debt is for
>The amount of the original debt.
>How you arrived at the amount you say I owe
>The interest charges applied to the original debt.
>All payments received regarding this debt with the original creditor including the date and amount of each payment., This requirement was established by the case Fields vs. Wilber Law firm, Donald L. Wilber and Kenneth Wilber USCA-02-C-0072, 7th Circuit Court, Sept. 2004
>Any penalties associated with the original debt and the reason or reasons for those charges.
>Proof that any interest charged does not exceed that allowed by law in the State of xxx
>Provide me with any papers that say I agreed to pay what you say I owe.
>Proof that the collection agency owns the debt or has been assigned the debt.
>Proof that you are licensed to collect in the State of xxx

Furthermore at this time I am advising you that I am not to be contacted by your firm or any of its affiliates, subsidiaries or clients by any other means other than the >Proof that your company is legally permitted United States Postal Service. Also you are not permitted to contact my employer, friends, acquaintances or family regarding this matter.

If your office can and does provide all the information that I have requested I will require a minimum of thirty days from the receipt of that information to investigate its validity and to retain counsel if necessary. During this thirty day period all forms of collection must cease.

Furthermore if if your offices fail to respond to this validation request within thirty days from the date of your receipt all references to this account must be deleted from my credit file and a copy of such deletion request be forwarded to me immediately.