nikki_w Posted August 23, 2005 Report Share Posted August 23, 2005 Hello,I'm a newbie. I'm in California. After a long annoying conversation with a CA, he clearly got frustrated with me because I kept saying that the SOL on the debt had passed and he said he'd make a $10 payment on the account to bring it current again. Of course, like an idiot, I didn't get his full name. But, what I'm wondering is, is that legal? I'm pretty certain that as a representative of his agency, he can't do it, but...what's stopping him from doing it as a pissed off agent? And if he did, other than showing bank statements, how could I prove that I hadn't made the payment and that there has in fact been no activity on that account since 1998? I'm also wondering, should I write a letter to the agency (ERS Recovery) now stating what happened and giving them at least the first name and description of the sound of voice and style of speaking of the agent, or, should I assume he was blustering and do nothing?Thank you all!!Nikki Link to comment Share on other sites More sharing options...
Methuss Posted August 23, 2005 Report Share Posted August 23, 2005 Nope. Not legal at all.Don't talk to them on the phone anymore except to get their mailing address if you don't have it.Send them a certified letter stating the debt is time-barred and that all further communication by telephone will be recorded.That should be the last you hear from them if they have half a brain. If not, then they will violate the FDCPA and/or the FCRA and you will be able to sue them. Link to comment Share on other sites More sharing options...
lisa1 Posted August 23, 2005 Report Share Posted August 23, 2005 That's totally illegal...Stay off the phone with CA's...You need everything in writing... My guess he's trying to illegally reage the account. I would DV the CA. i would send it CMRR to them and wait for green card and dispute with cra's. In your DV - Request everything including the kitchen sink...copies of originals. you want statements/date of last payment. Keep this information if they respond. If you have old cr compare to this listing... Link to comment Share on other sites More sharing options...
Methuss Posted August 23, 2005 Report Share Posted August 23, 2005 In your DV - Request everything including the kitchen sink...copies of originals. you want statements/date of last payment. Keep this information if they respond. If you have old cr compare to this listing...No DV. There is no need on time-barred debt. A DV letter may also inadvertantly renew the SoL if not done properly. Keep it simple. It's time-barred. Leave it at that. Link to comment Share on other sites More sharing options...
luna Posted June 20, 2006 Report Share Posted June 20, 2006 Lol....same ploy this guys always using I'm guessing. And I'm guessing its common amongst the junk-debt-collectors. My dh has NCB after him for a debt thats time-barred as well. The guy was trying to tell my dh that it wasn't out of SOL as he had made a payment 2 years ago. My dh asked him how he had made the payment and the man stated on his Visa. My dh has never had a VISA and when he stated so the man replied he didn't really know how it was made but it was. His name is David Taylor of NCB -- tell him you're recording the call and he hangs up real quick.... Link to comment Share on other sites More sharing options...
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