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Yet again another question about DV

Date: Fri, 03/28/2008 - 09:37

Submitted by anonymous
on Fri, 03/28/2008 - 09:37

Posts: 202330 Credits: [Donate]

Total Replies: 2


hi all
sending out a dv and have a question about what i can legally request in writing about them validating the sol of the debt.

should we be more specific so they really have to dig if possible, for the dates/info needed for validating the sol, especially if this info might be needed in court? can these debt scum actually see what is in my credit report or does all their come from who they bought it from previously?

the template, so kindly provided by jcemt, asks for "6. Prove the Statute of Limitations has not expired on this account". should we state in writing, that certain date(s) be provided so they cannot just send a illegal renewed date for the acct or date they bought the acct., etc.??

if they provided the "wrong" date, and you were not admitting the debt to the junk collector/law firm at this point, you could not say "no you were wrong and did not provide the correct sol date" as this would be admitting the debt to them as only the owner of the debt would know the correct date.

if so,how can this be legally stated and requested? my dv is going to a lawyer in texas (my state) representing Elite Recovery. any thoughts about all this is appreciated.

hope you all know what i am trying to say.

also is #2 and #10 asking for basically the same thing?

thanks


Put fdcpa into google and go to the validation section. It explains what is required by the collector to provide. Basically they only need to provide proof that it is yours and how they arrived at the amount. Even if the SOL has expired they can still TRY to collect! They will only succeed if the debter allows it or if they illegally redate the debt! Here is a great link for you to visit!
http://www.creditinfocenter.com/rebuild/debt_validation.shtml


lrhall41

Submitted by Frogpatch on Fri, 03/28/2008 - 10:06

( Posts: 5381 | Credits: )


thanks frog
so you think i should use this websites letter exactly with my info, of course added?

now again my question is, and i have asked this question a few weeks back i believe, but never got an answer or at least i could understand.

what constitutes illegally redating an acct? how can you tell they did so? each cb gives diff info, i have all 3 and one i believe doesn't even list last transaction to give you a clue.

so i shouldn't specifically request specifics for the sol so they won't try to slip an invalid one in on me to see if i will respond and therefore claim the debt, so to speak?

also, the law firm with alot of fingers in alot of pies, and yes it is a real one, has some firm in austin, one guy specifically, "working" on this for them-web research. should i send the dv to the add./no street only po box in austin on the letter from linebarger goggan blair sampson-the big guys, or to the firm/street add. of the guy/small guy firm in austin handling this operating under the name of linebarger goggan, etc? no phone numbers or address/po boxes in austin match each other in any case. both in austin tho.
thanks


lrhall41

Submitted by on Fri, 03/28/2008 - 10:50

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