Expert: Apex Credit Services, LLC - 10/12/2008

Question
Unable to pay credit card.  Received calls, letters from cc company.  I sent a certified letter to the cc company asking that they provide me with a copy of the balance, copy of the contract and all names of persons authorized to use the credit card.  I also ask them to quit calling my number because it was my buisness phone.  No response.  Before 30 days were up an agent called and made an offer that was duable.  Before the settlement was finalized a woman from Creditors Interchang called and said it I would pay four times the amount the cc coumpany offered that she would not take me to arbitration. She has what she thinks is an accurate credit report.  She wants me to go to a bank that she says I have a credit line and take money out to pay her price.  Not my personal line.  I am sending her a certified letter requesting the same as above.  She says if I do this I will be resonsible for the entire amount.  I do not want to be sued in order to get my hands on these documents.  How do I get these documents.  I want these document's to see if my husband would have had access to the card.  He was dignossed as Manic depressive almost 10 years ago.  He ran up most all of the charges
Thank you for your time.  As everyone says please hurry she will be calling again Monday

Answer
Liz:

1)  The debt is probably time barred so check your state's statute of limitations,

2)  Deal with the original creditor here and not the debt collector.

3)  While the original creditor is legally bound under the FACTA amendments to to FCRA to provide some of what you asked for, their is no private cause of action thereunder.  Thus, you have no leverage if they don't comply.

4)  Assuming this is on your reports, dispute the account tradeline through the credit reporting agencies.  Date of last activity would be a good place to begin.

5)  What the debt collector told you is rubbish.  You can ask for validation at any time however, they never have to provide it only if they wish to collect further.  Moreover, you request for validation must be sent within 30 days from their initial contact in order to preclude them from further collection activity.

Personally, I'd check the SOL and send a request for validation to the debt collector.

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