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I just don't know this answer......


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Hopefully someone will know these answers or can help me out:

I had a collection from RMA, I C&D'ed and requested the validation from them several times, never got an answer. I wrote to the BBB and they actually came back with the signed contracts and whatever, fine I owe the debt, no biggie (just wanted it validated), but can they actually collect it. I thought I could only work with the OC if that's what I wanted? ALso, if it is passed the SOL can they still report to the CRA's?? Whne can I look forward to it coming off of my report, I know the original debt is passed the SOL. What to do, what todo.....

Thank you all so much for your wealth of knowledge on this subject. :D

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When you have a CA in a corner, the best thing is not to give up your upper hand.

They are destroying your credit by attempting to collect on a debt past SOL. The BBB was not the best way to handle this.

You should write a letter to the CA stating the SOL has expired and they are to immediately cease all collection attempts and remove any negative information reported to the major credit repositories. Because they are damaging your credit with activity that is barred by statute. If they refuse to immediately comply, the matter will be forwarded to the appropriate government agencies for further processing.

To answer your other questions:

The OC does not have to work with you after they contract the collection to a third party. Doesn't mean you shouldn't try to negotiate with the OC though.

Negative information stays on your report for 7 years.

Just because the SOL has expired, doesn't mean they still can't attempt to collect, and report to the CRAs. Hence, the nasty letter you should send them showing them you know what you're talking about.

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Doc Don, you're the bomb! That sounds like a great idea, I think that is what I will try next. I have no problem paying the debt I am just sick of being bullied by these CA's, I will only pay the OC. It's funny how they would not respond to me, I sent them all of my info (home address) and they would not respond, I also had three CMRRR's to prove they received my letters, so I will send them a SOL letter and see if it helps me out. Thanks again. ANy further suggestions are always welcome, if you think of anymore. :D

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Just because the SOL has expired, doesn't mean they still can't attempt to collect, and report to the CRAs. Hence, the nasty letter you should send them showing them you know what you're talking about.

Maybe it's just me but that sounds a little confusing, please tell me if I'm interpretting it right, Doc. After the SOL has passed, the CA CANNOT report their collection activity on your CR? Meaning they must delete it after the SOL has passed? I called (yeah, dumb, I know) Arrow to try to find out the DOLA on an account I had 3 years ago (SOL in NC is 3 years) and the DOLA is 6/29/01 so I'll send them a C&D on the 30th of this month if I understood you correctly...it took me asking the lady four times and yelling until she finally told me the DOLA. She kept saying "The last payment was in 2001." These people are ridiculous...(forgive me for venting)

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Maybe it's just me but that sounds a little confusing, please tell me if I'm interpretting it right, Doc. After the SOL has passed, the CA CANNOT report their collection activity on your CR? Meaning they must delete it after the SOL has passed? I called (yeah, dumb, I know) Arrow to try to find out the DOLA on an account I had 3 years ago (SOL in NC is 3 years) and the DOLA is 6/29/01 so I'll send them a C&D on the 30th of this month if I understood you correctly...it took me asking the lady four times and yelling until she finally told me the DOLA. She kept saying "The last payment was in 2001." These people are ridiculous...(forgive me for venting)

Venting is o.k. here. :)

SOL protects you from the liability of the debt (which is your burden to prove in court if it comes to that). It does not forbid a CA from attempting to collect, or place the collection on your reports.

By telling the CA they are barking up the wrong tree because the SOL has expired, it would be in their best interest to cease the collection, remove the entry and move on. If they don't you may very well have a claim against them that in spite of knowing the SOL has expired, they intentionally and maliciously continue to ruin your credit history.

In other words, you're telling the CA that both you and they know the law regarding SOL, and if they so much as make a peep about the collection in the future, you'll come down on them like a ton of bricks.

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By telling the CA they are barking up the wrong tree because the SOL has expired, it would be in their best interest to cease the collection, remove the entry and move on. If they don't you may very well have a claim against them that in spite of knowing the SOL has expired, they intentionally and maliciously continue to ruin your credit history.

In other words, you're telling the CA that both you and they know the law regarding SOL, and if they so much as make a peep about the collection in the future, you'll come down on them like a ton of bricks.

I see now, Doc, thanks for the insight, maybe I can get these turkeys off my back. I'll keep you all updated.

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