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CA called threatening legal action on a 8 yr old debt


myricksw
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Hello everybody,

I got a call this morning from a CA collecting for NCO for a Sears debt that is 8 yrs old. He said that a "process was being taken in the county of Escambia" for this debt and wanted to know if I wanted to avoid this happening. The call came in at 7:13 am. BTW, I noticed that NCO pulled my credit last month. I have not taken action against it yet but now I will. I had to ask him 3 times what his last name was before he gave it to me and he would not tell me who he worked for. I wish that I would have kept my cool a little longer to let him hang himself a little more. But I made the comment, "Let me get this strait, You are calling me at 7 am theatening legal action on a time-bared debt?" He immediatly said, "is it 7 am there, I sorry, it says here that it is 8am please excuse the call, but I will call back."

Would this be considered "False or misleading representation," covered under the FDCPA section 807.4?

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get yourself a tape recordere from Radio Shack, or open an account at tel-biz.com and wait for him to call you ( or you culd call them back) and ask all teh questions and get all the answers.

It is not a violation to dun a time-barred debt, as the SOL is your defense to an otherwise legal obligaion. And a threat to sue is a violation only when they have no intention of doing so.

But if you dispute ( do it in writing to get the protection of the Act), phone calls and threats will be elevated as violations if they fail to validate.

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The way I read this, I thought you meant they were threatening to sue an 8 year old.

If you are 105% sure you are past SOLC on this.

Step 1: DV to preserve your 1692g rights.

Step 2: Wait 15-30 days then send a C&D/refusal to pay/time barred debt notice.

They can't report (legally) and they can't sue, so they would be just throwing good money after bad if they sent you any other notices after they get your step 2 letter.

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I am in NY and I was just wondering if I had a old account that was last paid on in 1998 and they kept the account open till sometime after 2001 and then sold it off to a collection agency and then that collection agency sold it to another and so forth and they try to collect on the debt if that would be considered still under the 6 year SOL for NY, I noticed from doing some reading that even if the account was open but the due date passed and no payment was made from that day forward that it would then be classified as a SOL after the time came upon for that account, Can anyone tell me if I would then be responsible for this account or not because I have a collection agency harassing me to pay.

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Actually, the SOL starts when the account first went continuously delinquent, so it would start 30 days AFTER the last payment.

You and Sky Warner are both right in theory

The correct answer is, it depends.

Depending on state law, SOLC starts either from when the last time a transaction (payment or charge) occured when the account was open or the start of the breach that was never cured (30 day late prior to charge-off).

I notice Sky is from NY, so he may be speaking from the perspective of NY state law, in which case he is right in this instance.

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The true definition for the start of SOL is that the SOL begins to run when the last element of a cause of action occurs. The elements would be:

1 A debt is created

2 It becomes due

3 It is not paid as agreed

As soon as the above 3 conditions are satisfied, the SOL clock begins to run. Of course, there are other things that can affect this, tolling, promise to pay, making payments and the like- but this varies from state to state.

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this account has not been paid on since around end of 1999, it became a debt shortly after and I have not paid on it since, I have only found out about 2 1/2 months ago that it was on my credit report and I want to get it off because its past the 6yr SOL, when I contacted the CA they said its valid and will remain till paid or till they sue me for the money and when I mention that it was past the SOL they said no because the actual creditor didnt close the account till 2003, so from 1999-2000 when I last paid till 2003 it remained open and unpaid for and has since that time been with 3 different CA's, what can I do, is it still considered SOL.

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this account has not been paid on since around end of 1999, it became a debt shortly after and I have not paid on it since, I have only found out about 2 1/2 months ago that it was on my credit report and I want to get it off because its past the 6yr SOL

SOL on collections (aka SOLC) is not the same as time limit on reporting (aka TLR).

They are not necessarily required to take the account off because it passed SOLC unless your state has a statute which extinguishes a debt once it passes SOLC.

when I contacted the CA they said its valid and will remain till paid or till they sue me for the money

1692e-2 violation for a false representation of the legal status of the debt

1692e-10 violation for violating 1692e-2

1692e-5 violation for threatening an action they cannot legally take.

1692e-10 violation for violating 1692e-5

1692e violation generally.

and when I mention that it was past the SOL they said no because the actual creditor didnt close the account till 2003

Probably a false statement, so add

1692e-8 violation for communicating false credit information.

1692e-10 violation for violating 1692e-8

1692e violation generally.

But guess what... You can't prove all those violations. Get a phone recorder and get them on tape saying those things.

Your next step is to get record of a dispute to the CA.

How are they reporting to the CRAs?

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