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| Collections All your questions about those nasty collection agencies and what to do about them. |
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#1
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Since I got a loan in December my phone has been ringing!
Today *JIM* from midland credit management inc. out of LA, Calif called. I decided to see whay he had to say. Seems as though I have past due account. Our conversatation went kinda like this. He explained who he was and the company he represented. Long story short... Account for providian mc they want $3641. Offered 40% discount! I questioned when? Has to be old? Not me.. Out of his mouth..I opened account in 2000 paid on time til 2003. Durin my questioning I found out MY LAST PAYMENT to providian was $125 in Sept. 2002 (ok I stopped paying in 2003?) In 2007 I owed 2300. they added certain % when threy purchased my account in 2007. Says they mailed me letters. I never got, but I have moved since then..Told me not to worry they just sent letter to my newest address. He verified from my recent credit report. I made notes including dates, his name and the mailing addy for correspondence. This addy is different from wha't listed on inquiry report. Told him I was not planning to make any arrangements and would really have to check on this account because it's so old. I repeated the dates, It's over 10 yrs since my last payment! He was like Yeah, let's take care of this! LOL!! So I guess they have my info and this may be an old account that I did not pay.. not sure. But they are not reporting as of now on any credit report. They are showing up as inquiry on TU Feb, March Aug and Sept of 2011. Posted Under statement.. these inquires won't be shown to anyone else and do not affect your score. Should I promptly reply to the letter I'm getting with DV? I'm sure they have this info to mail to me, but I don't know if it's correct. The timeframe is so old I'm in TX SOL is 4 yrs. So my last payment was 9/2002. Should I write them and tell them to gey lost? Thanks for your suggestions! |
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#2
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I'd simply send them a letter and tell them to eat dirt. Or "don't ever contact me again regarding the above referenced debt."
__________________
I am not an attorney. In legal matters, it's best to seek the advice of an attorney. Contact your state bar association. Many state bar associations, if not all of them, offer a Lawyer Referral Services. If you request the name of an attorney in your area, they will provide a name. That attorney will then provide a consultation either free of charge or for a small fee. |
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#3
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Yeah, if the SOL has passed they can only ask you to pay. They can't sue. That wont keep them from calling you every day, so send them a cease & desist letter. Tell them you know the SOL has passed and that they are no longer to contact you via phone or mail.
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#4
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I agree; send them a Cease Communication letter. Personally, I like to rub their noses in it a little: "Due to the age of this account, I have permanently closed my files."
Also, with an account this old, I don't think they can put it on your credit report. Seven years after a major delinquency, items come off your credit report. Regards, DH |
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#5
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Agree, however, my way of doing that would be to beg and plead with them to sue me (not as a bluff, really hoping they do) I'd tell them I'd wave service of the lawsuit and actually come to the local atty office and pick up the suit and sign for it.
Nothing better, as far as lawsuits go, than getting sued on a debt that time barred by the statute of limitations.
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Something about winning attracts losers with opinions. Sorry, you can’t blame your opponents for applying a strategy that absolutely beats your brains out with regularity. Don't take it personal, in fact, get used to it. Somebody's gotta win and somebody's gotta lose and I believe in letting the other guy lose. It ain't bragging when you back it up. |
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#6
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Thanks!
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#7
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If they do sue you, don't come in here and rub it in our faces and gloat over it. You're still new to the board, it won't be fair if you don't put in your time and grunt work before hitting the lottery and getting sued on a debt that is out of statute.
Many on this board have never had the good fortune no matter how hard they have tried, so keep your celebration to yourself if you're served with a lawsuit. ?We don't want the new guy throwing a celebration that so many veterans have yet to have. Keep your celebration in check !!
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Something about winning attracts losers with opinions. Sorry, you can’t blame your opponents for applying a strategy that absolutely beats your brains out with regularity. Don't take it personal, in fact, get used to it. Somebody's gotta win and somebody's gotta lose and I believe in letting the other guy lose. It ain't bragging when you back it up. |
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#8
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Quote:
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#9
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If it were me and legal in your state I'd record a couple of their calls after boning up on the FDCPA and see if they hang themselves, it would be sweet if you could bang them for a grand in violations on top of getting the debt out of your hair on the SOL
__________________
I am not a Lawyer and do not offer Legal Advice just my experience and thoughts usdebtweb.com |
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