Re: Creditor ignoring letters

Posted by Boadicea (66.149.179.202) on August 18, 2004 at 18:51:21:

In Reply to: Creditor ignoring letters posted by Need help in Oregon on August 18, 2004 at 17:53:16:

I can tell you from experience that your ex's attorney is wrong. His bankruptcy is not a bar to pursuing you for payment if you signed the original cardholder agreement and he continued to keep those accounts open.

However, there is something you can do. They have to validate the debt and you should ask them to substantiate that the charges were made BEFORE you sent your notice of divorce to them. You should have copies of those notices and proof that they received them during or immediately after the divorce proceedings, if they're to be of any help.

Also, not responding to your or your attorney's written request for validation means that they are violating the FDCPA by continuing collection activities. I can pretty much promise you that the records they need to validate the account and prove that the charges were yours have been LONG lost since 1994. Any charges you may have made prior to 1994 would definitely be beyond the Oregon SOL of 6 years.

However, I think you may need the assistance of a good attorney well-versed in consumer law such as the FDCPA, FCRA and TILA. Try to see if you can find one through the NACA at http://www.naca.net.

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