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CA trying to collect On 7+ yrs. old debt?


lucyricardo
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I have a weird scenario and I hope someone has an opinion on it! I have a colllection agency called Western Mass Credit Comp. in Wilbraham, MA who has just purchased an old debt. This debit is from when I went to a college in RI, the last semester I was there was Spring of 1997. I DID NOT have a student loan and didn't default on one. The school agreed to let me come back the second semester because I told them I was working on the loan and it should go through. Unfortunately, my parents wouldn't take another one out for me as the school didn't offer the financial aid they were hoping for. Therefore, I owed the school around $15,000.

They started sending me collection letters from a company called Delta Management in 1998. I did try to settle with them but they wouldn't accept anything less than $25,000 (original 15K debt plus their fee of $10K), so, nothing happened, we didn't settle. They were on my credit report for like 5 years and through disputing, I was able to get them removed about a year ago.

Now, just recently, I received a letter from this new collection agency trying to collect this money. Because it's been over 7 years now since I left the school and there was never any loan or promisory note, should I just ignore it? This collection agency pulled my CR on 3/3/04, 12/6/02 and 9/10/02. They never sent me a letter until now. I don't want them to keep pulling my report.

I'm kind of new at this so I don't know if this is illegal to collect on this because the SOL has expired in CA (where I live)? Even if there was some fine print in their APPLICATION to attend the school to pay all fees incurred, that was filled out in spring 1995 and that states SOL has expired too.

Any suggestions???????? THANKS SO MUCH!

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As long as this is NOT a Student Loan, and is considered Tuition you failed to pay, then you are safe. Double check to be sure of it's status to be safe. Even though they purchased the debt, they are bound by the FDCPA and must adhere to the original dates involved.

You need to read our "Sticky" I referred you to in the "Credit Repair" section.

Some questions for you are:

1. Does the letter(s) threaten you in any fashion?

If yes, they are in violation of Federal and State Law.

2. Is it being reported on any of your CR's?

If yes, they are in violation of reaging, plus, if none of their letters

within the last year tell you they will report this to the CRA's, and

dated within 30 days either side of the month and year reported they

have violated State law.

3. Did this new letter offer you your rights and advise you of the 30 days

to dispute?

If yes, then you will send them a full C&D and let them know that in

the State of California, it is a violation to even attempt collection of a

timebarred debt.

If no, and you do not receive another letter within at least 5 days,

explaining your rights, they have violated again.

As to the inquiries, they may access your file to locate you, to add or delete, and can watch your actions. Remember, they can dun you for eternity, but, not threaten you as the debt never goes away. All that goes away is their right to sue you.

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Well Lucy, you're a lucky gal!

I, too, have one of those, but mine has been sent to the IL Comptroller, which means that any IL tax refund gets seized. As well as any lotto winnings (haha).

It appears that you went to a private school and/or do not reside in the same state the debt was incurred. Therefore your debt was sold. Play your cards right and you'll likely get out of this situation.

Yup, lucky gal.

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