Boobeans Posted July 19, 2003 Report Share Posted July 19, 2003 I have a old credit report, May 2001. On this report it shows Discover should be removed in July 2003. I am still receiving letters from collection agencies regarding this account. I pulled all three reports in July and it is not showing on any of them. Today I received a letter from yet another CA saying "This company has been engaged by Cavalry to reslove your delinquent debt". Can they still be coming after me for this? It is off my report. I live in NH and the SOL I believe is 6 years which this account would be past that time. What do I do to get these guys off my back? Cavalry also has a Mobil account of mine which is supposed to remain until 11-2003 according to Experian. I thought I could handle this myself and clean up my credit but I am finding out I'm totally lost and have a lot of questions. Link to comment Share on other sites More sharing options...
smogtek Posted July 19, 2003 Report Share Posted July 19, 2003 After 7 years it can't be reported to the credit bureaus.After the SOL they can't sue you for the debt, BUT they can continue to try and collect.They CAN'T, however, continue to collect if you have requested validation of the debt from them and they have not responded.What a lot of folks here do is send a DV (validation) letter to the CA via CMRRR. Wait until you get the green card back, then call or write the CRA and request verification. If the CA verifies to the CRA BEFORE they validate the debt to you, they have violated the law. You can then try and use this to your advantage to get them to remove the tradeline from your reports.Use the "stickies" to your advantage. They have lots o' info.HTH Link to comment Share on other sites More sharing options...
retmar Posted July 21, 2003 Report Share Posted July 21, 2003 The easiest way to do it is to send them a nasty C&D telling them to "eat maggots" or whatever. They have no legal recourse to the debt. It is timebarred. You can cite FDCPA 807(2)(A) 15 USC 1692e(2)(A). Be sure and read it yourself. You will also inform them that any further collection activity will result in their being named as a defendant in a civil suit. If they claim they own it, so what. They are bound by the FDCPA. Link to comment Share on other sites More sharing options...
ADSOFT Posted July 21, 2003 Report Share Posted July 21, 2003 The easiest way to do it is to send them a nasty C&D telling them to "eat maggots" or whatever. They have no legal recourse to the debt. It is timebarred. You can cite FDCPA 807(2)(A) 15 USC 1692e(2)(A). Be sure and read it yourself. You will also inform them that any further collection activity will result in their being named as a defendant in a civil suit. If they claim they own it, so what. They are bound by the FDCPA.Hey, Retmar,... I like the "EAT MAGGOTS" ... (LOL) So, after sending the C/D letter if they continue to collect that can be considered harrasment or are they breaking the law by sending a bill???? Link to comment Share on other sites More sharing options...
retmar Posted July 21, 2003 Report Share Posted July 21, 2003 Boobeans lives on the East Coast, so our California Laws won't help there. What does help Boobeans is the Federal I quoted. If New Hampshire has it's own laws, then they should be checked. Either way, they can still send dunning letters. They cannot threaten to do anything, period. Always remember, they can always try to collect on a debt, they just can't threaten to do anything as then it will be considered "continued". That is the way I intrepret the law. A dunning letter is just that. It says you owe so and so this money, please pay. I do agree that a dunning letter should be considered "continued", but, it isn't as far as I can find. Would really like to hear a direct answer to this part from Congress' view as to their intention when they wrote the laws. Link to comment Share on other sites More sharing options...
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