elyse449 Posted January 2, 2005 Report Share Posted January 2, 2005 Hi Folks,Got a letter last week from "Merchants Credit Guide Co" regarding a debt my dh owed from like, 6 plus YEARS ago--and the SOL for my state on revolving credit is 3 yrs....any ideas on what to put in a letter to these AH's?? Any help will be much appreciated. I want them to know that I know what they're doing and that they'd better STOP...by the way, should I report them or what to the response to my letter?Elyse Link to comment Share on other sites More sharing options...
elyse449 Posted January 2, 2005 Author Report Share Posted January 2, 2005 Hi folks,I had found some info and thought I'd share it just in case someone else in my position should search out this post and find it. Anyway, here is a template of a letter from a great site called, "Fair-debt-collection.com" I urge you folks to visit it...if ya haven't already of course. Anyway, here it is. This is one idea anyway for a letter of response to a CA attempting to collect a time-barred debt. I'd still like anyones opinions on reporting these folks...then again, I know they have the right to request funds and such...whaddyall think? Dear Collector, I am writing in response to your (letter or phone call) dated {insert date}, (copy enclosed) about a certain debt that you are attempting to collect. I have checked with my State Attorney General and verified that the legal Statute of Limitations for collecting this type of debt in (insert your state) has expired. Now that you know I am aware of my rights in this matter, consider this letter as my official notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this matter except to advise me, via official mail only that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by law. Be advised that should you decide to pursue this matter in court, I will invoke my rights and use the "expired statute of limitations" as my defense. Additionally, I must advise you that I am keeping careful records of all correspondence concerning this matter including a recording all phone calls. Your Signature Above NamePrinted Name Link to comment Share on other sites More sharing options...
sdc2027 Posted January 2, 2005 Report Share Posted January 2, 2005 I would send a CMRR to them about them being outside the SOL and also include a c & d with that. I might also include that you have reported them to the attorney general - make sure you follow through and actually report them as well. Link to comment Share on other sites More sharing options...
elyse449 Posted January 3, 2005 Author Report Share Posted January 3, 2005 Hi, thanks for the great reply and I'll do just that. To be honest, I was a bit shocked-this debt is quite old. Oh well...E~ Thanks again Link to comment Share on other sites More sharing options...
happygirl Posted January 12, 2005 Report Share Posted January 12, 2005 I have an old collection account from BB&T still reporting on my credit with a recent balance of $662. The DOLA was in 8/1999. On 1/6/05 I received a letter from Risk Management Alternatives, Inc. demanding payment by 1/21/05 or they will proceed with collection. I have an old credit report from 2002 stating that it would be coming off of my credit in 9/2005. How should I proceed with this situation? I live in South Carolina and I think the SOL is 3 years. Please help! Link to comment Share on other sites More sharing options...
LadynRed Posted January 12, 2005 Report Share Posted January 12, 2005 Are you sure the DOLA is 8/99 ? If so, it won't come off your reports until 2006 !SC has 3 year SOL, send them a cease and desist letter and tell them to go pound sand, the debt is time-barred per SC statute ! Link to comment Share on other sites More sharing options...
happygirl Posted January 13, 2005 Report Share Posted January 13, 2005 The Experian credit report says that the account is scheduled to continue on record until 3/2005. The DOLA is 8/1999. Where would I get a cease and desist letter? New to the board. Thanks for your help. Link to comment Share on other sites More sharing options...
wert Posted January 14, 2005 Report Share Posted January 14, 2005 Go to the top of this, Sample Letters.OrYou can do a search... Link to comment Share on other sites More sharing options...
LadynRed Posted January 14, 2005 Report Share Posted January 14, 2005 A really good notification of expired SOL cease and desist letter is here:http://community-2.webtv.net/YCHANGE/STORAGE/page13.htmlThe state statutes you need are on that same site. Link to comment Share on other sites More sharing options...
happygirl Posted January 14, 2005 Report Share Posted January 14, 2005 Thanks for the help. I found it earlier today and sent it out certified mail. Link to comment Share on other sites More sharing options...
adminppdotcom Posted January 16, 2005 Report Share Posted January 16, 2005 I would send a CMRR to them about them being outside the SOL and also include a c & d with that. I might also include that you have reported them to the attorney general - make sure you follow through and actually report them as well.Just out of curiousity, what would your complaint be to the AG?It is not illegal to attempt to collect a debt passed the SOL. SOL ONLY applies to court actions. Link to comment Share on other sites More sharing options...
happygirl Posted January 16, 2005 Report Share Posted January 16, 2005 I already have a judgement on my credit as well from this same account. I will come off my credit in 1/2006. It is also on there as a collection account with the OC same balance and supposed to come off in 3/2005. This collection agency is reporting it on my credit as of 8/2004 with same balance. Why can he do this? The 7 years is almost up. Link to comment Share on other sites More sharing options...
adminppdotcom Posted January 16, 2005 Report Share Posted January 16, 2005 I already have a judgement on my credit as well from this same account. I will come off my credit in 1/2006. It is also on there as a collection account with the OC same balance and supposed to come off in 3/2005. This collection agency is reporting it on my credit as of 8/2004 with same balance. Why can he do this? The 7 years is almost up.Something is fishy in denmark. There should only be ONE date that they ALL fall of (judgement excluded). The 7-year reporting period BEGINS at the original date of delinquency on the original debt. Even if this is the same debt being reported by different people, they ALL have to have the same date of delinquency. Focus on that, and dispute with the consumer reporting agency.Good Luck! Link to comment Share on other sites More sharing options...
daisymay Posted July 5, 2006 Report Share Posted July 5, 2006 A really good notification of expired SOL cease and desist letter is here:http://community-2.webtv.net/YCHANGE/STORAGE/page13.htmlThe state statutes you need are on that same site.This link is dead. Does anyone know if there's a good link somewhere? Thanks! Link to comment Share on other sites More sharing options...
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