Consumer complaint received 2018-09-18
Company: EQUIFAX, INC.
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
I have been disputing negative marks on my credit report with 2 collection firms XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX Account Name XXXX XXXX XXXX XXXX for : {$830.00} XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, VA XXXX Acct XXXX for {$850.00} that failed to provide the method of validation after 3 dispute letters XX/XX/2018 First letter for a method of validation XX/XX/2018 First letter for Statue of Limitations XX/XX/2018 second letter for a method of validation XX/XX/2018 second letter for Statue of Limitation XX/XX/2018 third letter for a method of validation XX/XX/2018 third letter for Statue of Limitation All 3 credit bureau also claim that they verified my dispute inquiry on the 2 negative marks, but fail to provide me how it was verified and by who. Neither of the 2 collection firms and of the 3 credit reporting bureau 's have provided me the method of validation and/or contracts that bear my signature on these so-called alleged debts.

They just keep sending me bill statements that are not a method of Validation.

And after looking into the alleged debt they failed to provide me verification/validation.

I was advised to speak with a representative from my states Attorney Generals office regard Statute of Limitation. I have sent letters to both the 2 firms and 3 credit bureaus regarding the Statute of Limitation in my State of Florida.

In Florida, the statute lasts five years for a written contract and four years for a credit card account.

95.11 : Actions other than for recovery of real property shall be commenced as follows : ( 2 ) Within five years.

( b ) A legal or equitable action on a contract, obligation, or liability founded on a written instrument ( 3 ) Within four years.

( k ) A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts.

Florida Debt Collection Statutes of Limitation Almost all other actions fall under the 4-year catch-all limitations period, ( F.S. 95.11 ( 3 ) ( p ) ).

Regardless, if a debt collector or a debt buyer that has taken over the debt files a lawsuit on a debt where the statute of limitations has expired, not only can you dismiss the case, but you may have rights to pursue that collector or buyer under the Fair Debt Collection Practices Act.

The FDCPA prohibits collectors from taking action to collect a debt that they can not legally take. In many states, filing a lawsuit beyond the statute of limitations is a fundamental illegality. If they have taken this step, you have rights to pursue under the FDCPA.

The statute of limitations " clock '' starts ticking on the date of last activity on the alleged account. Typically this is the date of last made payment.

None of either side have acknowledged the Statute of limitation dispute. They just keep sending me a billing statement from the original creditor and telling me they verified but failed to provide validation of these accounts and/or actually documentation the have my signature

Company response to consumer: Closed with non-monetary relief