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Mido

WhyChat Method dealing with Debt

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Hello WhyChat,

 

My question is NOT Medical debt related but its for a Commercial debt and I hope you can put me on the right track.

I received a letter from CA for a $680 Commercial Debt (Gas Card) and I mailed them right away a letter of Validation/Dispute/Cease and Desist (WITH PROOF OF DELIVERY ONLY, not certified mail and WITHOUT a return receipt) as instructed on your method. Received a response that since its Commercial Debt they (the CA) are not bound by Fair Debt Collections Practices Act (FDCPA). and they are sending me the Account monthly statement they received from the creditor as a debt validation that I owe this debt!!

 

Any idea how to respond or proceed?

 

Thank you

 

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I will respond here but ask the mods to transfer it to the main credit forum.

Was the gas card in a Corporate name?? Or in your own name or DBA??

What was the date of default?

What State are you in??

 

In general the FDCPA covers CONSUMER accounts. If you were operating a business as an individual and/or the gas card was in your name and not a business name, you are protected under the FDCPA.

The SOL (statute of limitations) would apply in any case even if you were NOT operating as an individual.

 

Follow the guides;

https://whychat.me/GUIDEBOOK.html

https://whychat.me/SOL PROGRAM GUIDE.html

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34 minutes ago, Why Chat said:

I will respond here but ask the mods to transfer it to the main credit forum.

Was the gas card in a Corporate name?? Or in your own name or DBA??

What was the date of default?

What State are you in??

 

In general the FDCPA covers CONSUMER accounts. If you were operating a business as an individual and/or the gas card was in your name and not a business name, you are protected under the FDCPA.

The SOL (statute of limitations) would apply in any case even if you were NOT operating as an individual.

 

Follow the guides;

https://whychat.me/GUIDEBOOK.html

https://whychat.me/SOL PROGRAM GUIDE.html

Was the gas card in a Corporate name?? Or in your own name or DBA?? Corporate Name (Not my name).

What was the date of default? October 2019

What State are you in?? California

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If your Corp. is still in business I suggest you pay the bill IF it is a valid bill that was authorized. If it was not, and your gas card was stolen or used fraudulently and you did not report it at the time then it is likely too late to do so now. You can not use the letters I suggested UNLESS the account is reporting on your personal credit reports. If it is reporting on your personal reports there is little that can be done to remove it unless it is paid/settled with the OC (original creditor gas Co.)

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Thanks WhyChat. I will settle with with OC. I was trying to buy time and stopping them from reporting it on CR

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