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Confused about Statute of Limitations


booboofa
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Hi all,

I received a call last week from Enhanced Recovery Corp. They stated they were calling about a credit card charged off in 1996, which I have not paid on since then. They wanted to settle the balance for 15% of what was owed.

I'm confused though, what all can a CA do? I can't find a definitive list. Can they just call and harrass me to get me to pay? I am going to send a debt validation letter. I have received nothing from them except for a phone call - no letters.

I am in Arkansas where open ended contracts are 3 years.

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Wow, many Zombie Debts out tonight! (hey Kristy, can you get us a ZOMBIE smiley???)

There is NOTHING they can do, they can't even report it on your credit report. They will tell you that you "morally" owe the debt. But you don't "morally" have to pay them a dime. They paid close to .02 on the dollar for your debt! What Pals!

Sorry, but Junk Debt buyers really tick me off. :twisted:

PM me and I can give you a letter to send them.

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*edited for credit* One of CM Chase's fine works of Art.

CERTIFIED MAIL 700x xxxx xxxx xxxx xxxx

Date

Your Name

Your Address

Collector's Name

Collector's Address

RE: Account #

To Whom It May Concern:,

Consider this legal written notice that I am demanding a cease communication in regard to this alleged debt, per rights afforded to me by Section 805© of the FDCPA.

Section 805© - If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except 1) to advise the consumer that the debt collector's further efforts are being terminated; 2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or 3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

This account is past the statute of limitations for collection. Be advised that I will keep accurate records of all correspondence, including phone calls. If you continue collection activity and harassing me, I will pursue all available legal actions.

Sincerely,

Your Name (DO NOT SIGN)

:twisted:

I like to put the Certified Mail # right on the top. makes it that much easier to prove. :twisted:

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