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Do I have include This is not a refusal to pay?


Tee
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I've developed my SOL letter to send to a collection agency with the help of info on http://community-2.webtv.net/Y-chat/WhyChatsCredit/

However, in the letter I will send notifying the agency to cease and desist because it is past the SOL do I have to say in the letter "this is not a refusal to pay"? I am not asking for validation and have not asked. Please help, I dont want to leave anything out that must be there. Thanks.

[Edit by Tee on Friday, March 28, 2003 @ 10:33 AM]

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I would think you wouldn't want to say " this is not a refusal to pay" because they might read that as saying you either admit to the debt are that you planning on paying the debt which if it is past the SOL then there wouldn't be any need to do that.

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<blockquote>Originally posted by Tee

However, in the letter I will send notifying the agency to cease and desist because it is past the SOL do I have to say in the letter "this is not a refusal to pay"? I am not asking for validation and have not asked. Please help, I dont want to leave anything out that must be there. Thanks.

</blockquote>

Is this on your reports? If so, a C&D letter won't remove derogatory information because it has nothing to do with reporting requirements. If it is on your reports, you should aim to have it removed.

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Is this on your reports? If so, a C&D letter won't remove derogatory information because it has nothing to do with reporting requirements. If it is on your reports, you should aim to have it removed.
Quite true. But then a C&D is designed to force them to stop whatever illegal activity they may be engaging in which in this case is attempting to collect a debt which is time barred by statute.

However, the SOL for collection is usually very different from the SOL for reporting to the credit bureaus.

Her orginal question was whether or not she should use the phrase "this is not a refusal to pay" and obviously she should not use that phrase.

I don't much care for the phrase in the first place. Too trite sounding for my liking.

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<blockquote>Originally posted by bbauer

Quite true. But then a C&D is designed to force them to stop whatever illegal activity they may be engaging in which in this case is attempting to collect a debt which is time barred by statute.

</blockquote>

A C&D as per the FDCPA is merely a notice to the CA that the consumer is refusing to pay or is requesting all further communications to stop. After receiving that, the CA is only allowed to contact the consumer directly to inform of certain remedies being invoked or that efforts are being terminated. Reporting to the CRA after the SOL has run but before the 7 years are up is not illegal. A C&D has nothing to do with reporting to the CRA’s and neither does the SOL. The SOL is a “defense” that a debtor may use if legal action is being brought against him but it is the debtor responsibility to bring up the SOL defense.

<blockquote>Originally posted by bbauer

However, the SOL for collection is usually very different from the SOL for reporting to the credit bureaus.

</blockquote>

It’s almost always different since we’re talking about the individual state SOL’s vs. the 7 year reporting period established in the FCRA for collections/charge-off’s.

<blockquote>Originally posted by bbauer

Her orginal question was whether or not she should use the phrase "this is not a refusal to pay" and obviously she should not use that phrase.

</blockquote>

I think that was addressed in the first reply and therefore I moved on to the next issue.

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