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Showing results for tags 'Cease & Desist'.
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I'm BAAACCKK! Just a little background - Using this forum, I went to FL court Pro Se to fight collection on cc not in my name. The CA could not provide anything that tied me to the account and entered voluntary dismissal in March 2013 before I could file for dismissal with prejudice. I objected to the judge, saying they would just sell the account to another CA and file again. The judge told me it was unlikely since they have to pay to file. Whatever!!!!!!!!! August, 2013 I received a collection letter from a new CA. I sent a letter of dispute. They wrote me after receiving my certified mail dispute letter 9/5/13 to tell me they were discontinuing collection efforts and returning the account to the JDB. On 4/29/14 I received a collection letter from a third CA on behalf of Crown Asset Management. I am sending this new player and the JDB the same letter disputing the debt again and informing them I will report violations. Hopefully, they will just drop it. The SOL on it should be up this July, but it is muddy since they are claiming a payment was made long after the cc was delinquent. Since it is not my account the SOL should have been up before this started for me. The dismissal was considered adjudicated with merit which means if they sue me again it is their last chance (don't know if that applies if they actually sell it to another JDB.) But they evidently can just keep passing it off to other collection agencies to pursue (unless there have been any new developments on that front). I would like to clarify though - Do the FDCPA rules apply to the JDB, only the CA, or both??? I am thinking at this point I will just send the letter again and see what happens. I hate to call an attorney and make it more complicated than I should and I am not as panicked as I was the first time through but I am sick of dealing with it. Any thoughts?
Looking for some advice on dealing with this collection agency Portfolio Recovery Associates. Same old story, I went thru some very hard times about 4 years ago and now im dealing with the consequences. Recently Ive been contacted by Portfolio Recovery Associates regarding TWO accounts that they have purchased and are now trying to contact me about settling debt. One of the accounts is an old GE Bank Credit Card (Walmart) that is out of the Statue of Limitations in my state. (im in Texas and I believe the SOL is 4 years on debt.) The letter that I received regarding that account is has this text written on the bottom: "Because of the age of your debt, we will not sue you for it and we will not report it to any credit reporting agency."The letter also states that they bought the debt from "ARROW FINANCIAL SERVICES LLC", so I assume it should be out of the SOL. The most recent letter has stated that I owe around $650 but they will settle for 3 options:1.) I pay $251.00 straight out2.) I oay $47.00 for 6 months3.) I pay $26.00 for 12 monthsSince this debt is so old, and isnt being reported to credit agencies then whats the point of settling with them? And If I remember correctly, the credit line on that card was only $200 or something.My question on this one is, how can I figure out if it is actually out of SOL and if it is then how can I stop them from contacting me about it or have them shut down that account. Debt Validation? Cease & Desist Communications on this account? I have read that a cease & desist increases the probability of getting sued but since the letter states they CANT sue me then would it hurt to send the C&D to shut them up on that account? Now, the second account that they have is an old Capital One Bank credit card account which according to the mail document was purchased directly from Capital One. This account was purchased in 2013 and from one brief conversation I had with one of the reps on the phone, they said the last activity was from 2011. I have since ignored all calls as they have increased after accidentally speaking to them once. I am unsure if this is outside the statute of limitations since I dont recall when I ceased to make payments and it got charged off. Unless it just now was charged off and Portfolio Recovery Associates just now got their hands on it. I am currently in the process of obtaining my credit report to see whats actually there and if both of these debts are reporting. On this account, they claim I owe something between $800-$1000 but I know for sure that this card was another low credit line of something like $250. A letter states I owe $850 but on the phone the rep said something like $1100. It seems they are increasing the amount due with every communication.My question on this one is how can I clarify what exactly I should owe, whether or not it is within the SOL, and whether I should make a deal with them. Also, should I start this off with a Debt Validation Letter and just go from there? Is the probability of being sued for this one higher since it may not be out of SOL yet? Its a relatively low amount so I dont see the need for getting lawyers involved. Even though they purchased the debt in 2013, I am almost certain that its been charged off since at least 2011. I have not yet received the "deal" letter on this account as they were just able to get ahold of me via phone. Ive been receiving random letters from CA's but I usually read them over quick and throw them away. They somehow dug up my cell number so now the calls are coming in more and more frequently. So thats the collection agency drama, please send any helpful advice. This is just the beginning of fixing the debt hole that I got into back when i fell on hard times but hopefully with some helpful tips and tricks it will get all figured out. I will continue to update this post as I move through the processes of dealing with all of this so hopefully it will help someone else who may be in the same issue.