Should I send a DV or FOAD?

[TheLookingGlass]

The OC has requested payment on a debt that is past SOL and not listed on my CRs. Should I ask them to investigate, start the DV process, or send an FOAD?

I have until November 18 to reply. Any help would be appreciated.

[Amerikaner83]

The OC has requested a payment? You can't DV them - they're the Original Creditor.

Are you sure SOL is up? Just because it's not listed on your CRs doesn't mean a thing.

"have until November 18 to reply".....? This confuses me...the OC usually doesn't deal with debts this old (as you make it out to be)...who is the OC? What is the account for? How old is it...?

[TheLookingGlass]

I've been receiving calls from AMEX. Oct 26, I received a letter from AMEX for a settlement offer of 40% with a deadline of Nov 29.

I checked Oct 28, 2009 TU and Oct 28, 2009 EQ and no AMEX TL was present. I am waiting to get the EX CR.

Here is some more info from previous CRs:
AMEX TL from Oct 21, 2005 EQ
Date of Last Payment: 8/2003
Date of Last Activity: 7/2002

AMEX TL on Oct 17, 2005 TU
Estimated date of removal: 06/2009

AMEX TL on Oct 08, 2005 EX
Reported Since: 7-2002
Last reported: 7-2002

All CR TLs at the time showed debt as CO
I am currently in VA and was in TX in 2002.


I believe the debt is past SOL and plan to send a C&D letter. Should, alternatively I ask AMEX to investigate? I tried to resolve this in 2005 without success.


Based on my reading here, I perceive that any response I submit should be sent within 30 days of the offer letter. If I sent a CMRR for DV (or C&D) and allow time for delivery that date would be around Oct 18.

If I ignore the letter can the debt be placed on my CR? I read a thread ( http://www.debt-consolidation-credit...d.php?t=298264 ) that suggested as much. If that is true, will I have to be prepared repeat the above action each time I am contacted (if the OC, CA, JDB never decide to sue)?

[surfhn]

The amount of time a negative item can stay on credit reports is seven years--from the date of first delequency or could be the date of last payment. You really need to check your states statute of limitations. If it is beyond the sol, I would just ignore the letter. If they start reporting it, then I would start dv process. If the debt is past the sol, and they try to sue, you have an affirmative defense, and a very good one. Make sure you check the sol.

[TheLookingGlass]

Surfhn,

Thank you for the response.

Most sites state that the TL listed in 2005 is just past SOL in VA and well beyond SOL in TX.

After reading further, is seems that I can forever expect to get collection calls about this issue.

Is there any action I can take to assure I will not be contacted about this again?

TheLookingGlass

[cinnamngrl]

The SOL clock starts from the date of last activity in the account's records and this is not taken from any CRA. CRA reflect the account information and as we know they do this poorly. Never use the date on a CRA as a basis for your next move. That's what the DV letter is for. You must make your decisions based on the credit furnisher's records.

[Amerikaner83]

To clear up a few points of possible confusion....

SOL has nothing to do with how long something appears on your Credit report. SOL is a STATE law thing, and the time limit something appears on your CR is FEDERALLY mandated.

SOL varies from state to state, but is usually calculated from the time the account was last current. Again, it varies, so check your state laws.

Reporting period of having something on your CR is from the DOFD..the Date of First Delinquency...which means the day you first paid late and never kept current.

[TheLookingGlass]

Originally Posted by cinnamngrl

The SOL clock starts from the date of last activity in the account's records and this is not taken from any CRA. CRA reflect the account information and as we know they do this poorly. Never use the date on a CRA as a basis for your next move. That's what the DV letter is for. You must make your decisions based on the credit furnisher's records.

I will DV.

No AMEX TL is on my current CRs (TU,EQ,EX).
SOL is 6 years in VA, where I currently live.
SOL is 4 years in TX, where I lived in 2002/2003 (DOLA on 2005 CR)
Which should I use?

[TheLookingGlass]

Where should I send the DV letter?

The consensus is that calls and letters are from NCI (based on a phone number search). The address of NCI is:
2015 Vaughn Road, Building 400
Kennesaw, GA 30144

or should I sen it to the address in the letter? or both.

P. O. Box 105278
Atlanta, GA 30348-5278


Dear TheLookingGlass:

We understand that you may be having difficulties paying the past due balance on your American Express account, and we'd like to work with you to come to a solution. If you pay just 40% of your past due balance over the next 24 months, we'll waive the remaining $… of your balance. That's just $... a month.

In order to participate in this unique offer, please call us at 1-877-354-8148 by November 26, 2009.

Save $… By Paying Just $… Per Month

This opportunity allows you to pay down your balance fast and avoid additional collections activities. Again, please call 1-877 -354-8148 and speak to our representative by November 26, 2009 to accept this offer.

Sincerely,
Brandon Sears
Manager, American Express

_
* See reverse for important settlement information. Failure to respond to this communication may result in further collection efforts to recover the outstanding balance due on this account.

A NOTE ABOUT SETTLING YOUR ACCOUNT:
By accepting this amount, American Express® releases you (Corporation or individual) only of further liability on this specific amount. Once we have received the full payment, your settlement balance will be satisfied. We will report your settlement agreement to credit bureau agencies. No attempts will be made to collect the remaining balance which would need to be paid before American Express processes any future applications that you may choose to submit for an American Express account(s) or that an employer may submit on your behalf for an American Express Corporate Card. Notwithstanding the foregoing, future applications may still be declined based on the credit criteria in place at the time the application is submitted.

The calls are as follows:

Again, Please call American Express at 1-800-964-7365, Thank you

[cinnamngrl]

use the address on the letter. CMRRR

[Amerikaner83]

If this is American Express directly, and not a CA - DO NOT DV THEM! They WILL laugh at your letter and use it to wipe their butts!

No AMEX TL is on my current CRs (TU,EQ,EX).
SOL is 6 years in VA, where I currently live.
SOL is 4 years in TX, where I lived in 2002/2003 (DOLA on 2005 CR)
Which should I use?

When did you FIRST go Delinquent, then never go back current? Use that date. DOLA means NOTHING to you.

[cinnamngrl]

Originally Posted by Amerikaner83

If this is American Express directly, and not a CA - DO NOT DV THEM! They WILL laugh at your letter and use it to wipe their butts!

When did you FIRST go Delinquent, then never go back current? Use that date. DOLA means NOTHING to you.

earlier posts said it was NCI, but the amex logo was on the pasted letter.

[TheLookingGlass]

I used the AMEX logo because it is what is in the letter. It is also the name used on the phone.

The only reason I believe the letter is from NCI, is that a internet search suggests the phone number and address provided in the letter and on the phone are NCI.

I am going to send a DV since it can't hurt, but it might provide me with information. If I use the TL on my 2005 CRs

IF this is the OC, is there a way to compel the OC to provide information to me that gives the amount or Date of first delinquency? So far, I've only been able to definitively determine actions for a CA or JDB. Are OCs exempt from proving their claims?

[cinnamngrl]

Originally Posted by TheLookingGlass

I used the AMEX logo because it is what is in the letter. It is also the name used on the phone.

The only reason I believe the letter is from NCI, is that a internet search suggests the phone number and address provided in the letter and on the phone are NCI.

I am going to send a DV since it can't hurt, but it might provide me with information. If I use the TL on my 2005 CRs

IF this is the OC, is there a way to compel the OC to provide information to me that gives the amount or Date of first delinquency? So far, I've only been able to definitively determine actions for a CA or JDB. Are OCs exempt from proving their claims?

once a collection agency listed on my report as Fleet and told me they were BOA(bought fleet)

[TheLookingGlass]

In the case where an OC bought a CA and collection actions are taking place, what should the debtor do?

If a dunning letter arrives and the sender is treated(by the debtor) like a CA, can the OC ignore the debtors request for a DV? If the sender is treated like an OC, how should the debtor respond to the dunning letter?

[cinnamngrl]

Originally Posted by TheLookingGlass

In the case where an OC bought a CA and collection actions are taking place, what should the debtor do?

If a dunning letter arrives and the sender is treated(by the debtor) like a CA, can the OC ignore the debtors request for a DV? If the sender is treated like an OC, how should the debtor respond to the dunning letter?

If the CA represents itself as a CA and has a CA license then they are a CA. If you receive a letter from a company that represents itself as a different company than the OC, then they are definitely a CA.

my problem was that they listed as the OC on my credit report but all of their letters and communication stated that they were a CA.