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Everything posted by CalDebt909

  1. Update: Thanks to everyone who gave their input and advice. Just in case anyone here wants to know what happened. Taking the advice of many here, I sent an FOAD letter to Santander pretty much stating that they were in violation of a few laws and that I know the debt they were trying to collect from me was time barred. They sent back a nice reply. Their reply pretty much stated that they were in error and neither them or their client will be perusing this debt any further. They said that they consider this matter settled. I'm not sure if they knew based on my letter that they did not follow the law by not including pertinent information as required in their first communication to me, or they just took me at my word when I told them I knew this debt was time barred and I refuse to pay anything. Either way, I'm glad to just put this all behind me. Thanks again everyone. I hope this helps someone else out there with Santander.
  2. Great advice. I do prefer to just move on but I wanted to be sure in case they try something in court later. I've heard of crazier things happening.
  3. I might be wrong here but according to this link, Sandanter is "required to provide notice to debtors when collecting on debts that are past the statute of limitations and will be prohibited from suing on such debts" notice in their first communication with me. I believe this is a violation on their part. Can someone please weigh in? I might be missing something in the language of the Rosenthal Fair Debt Collections Practices Act new rule. Thanks in advance.
  4. Thanks again to everyone who replied. I have gotten a good sense of direction now, and I really do appreciate everyone's input. For those who are curious, I found something interesting online during some research. A peek behind enemy lines. A brief look into JDB thought process on this topic. I hope it's okay to post a link to YouTube here. If not I apologize in advance, but I do hope someone finds something beneficial in this video. Time-Barred Collection Strategies
  5. Thank you for chiming in, and thank you for the examples. I'm definitely going to send the FOAD letter. Will keep you all updated as to their response.
  6. Thank you very much for responding. I really do appreciate it. I am in fact 110% sure this is from 2012. Due to a job layoff, it was the only repo I have ever had. It still bothers me till this day because I should have made plans in the event something lime that happens. But that's another story. I am looking I to what type of FOAD letter to send. Any suggestions on that? Last question, can they come back at me for something later if I don't request validation within 30 days like the letter states, or is that just a scare tactic designed to verify they have my correct and current personal Info? Thanks again
  7. Thank you BackFromTheDebt for responding. Please excuse my ignorance but I had to look up what "FOAD" meant LOL! Im going to work on getting the redacted letter posted so others can also have a better idea of whats going on. I have read and re-read carefully the entire letter again, an nowhere does it mention that they will not sue.
  8. Thankfully found this forum on google. I have taken some time to read the forums but could not find an answer related to my questions. Perhaps I used an unrelated search phrase. Please forgive the kind of long post. I'll try to keep my questions short and concise. My question is, a company named Santander Consumer USA (I assume is a third party debt collector, because their letter states original contract date is from 2012 and they stated my original auto loan creditor sold the account) is trying to collect a charged off auto repossession loan from 2012. Their letter that I just received, states that the original creditor has sold my account to a Credit Union. Now as of March 2020 the original creditor "has transferred the servicing of my account to "Santander Consumer USA Inc." The message at the end of the letter says I have 30 days to after receiving this notice that I dispute the validity of the debt or they will assume the debt is valid. My questions are: 1. Can they legally come after me for this debt that has already been discharged and has fallen off my credit report? (From researching online, California statute of limitations is 4 years from last failure to pay date) 2. Should I respond to their letter and ask for validation? (What would be the worst possible scenario if I do?) 3. Would it be advisable to ignore all communications from them since the debt is older than 4 years? (What implications would this have?) 4. I'm in the process of doing a legal name change (for work related purposes), will this affect how they are or are not able to come after me? 5. If it comes down to it, what if any are my options of going after them to take legal action against them for any violations of the law? From the short time I have spent reading some other posts, there seems to be some very knowledgable people on this forum. Thanks in advance to any and everyone who does respond to my post. Im at a loss about what to do next. Also if there are any other resources that anyone could point me to, I would greatly appreciate it. My hope is also that someone in my similar situation can learn from this as well. I apologize in advance if this is the the proper forum for my questions.