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Need sample letter...


elyse449
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Does anyone know where there may be a sample letter to write to a CA attempting to collect on a 5 yr old debt (SOL for Wa. was 3 yrs)?? Or, does anyone have any ideas on what to include in my letter to them?

This is in regards to that settlement PFD that I failed at. She's all pi**ed off that I didn't send money! LOL! 8-)

Here's the response I got from her...and yes it's in all upper cases...

!!!WE HAVE NOT RECEIVED YOUR PAYMENT!!! WE ARE GOING TO INFORM YOUR CREDITOR THAT YOU HAVE REFUSED TO PAY!!! DON'T MISS THIS CHANCE TO CLEAR YOUR PAST DUE ACCOUNT WITH THEM. TO AVOID THIS ACTION, WE MUST HAVE YOUR PAYMENT IN FULL.

--DONT DISAPPOINT US AGAIN!--

Yeah, run home and cry to mama...oh now, they're going to tell my creditor!!!! I'm so scared, lol. I'm tempted to not bother responding at all, maybe that's the best mode here.

Tell me there's something I can write them that's really good--now I'm having some fun! My previous letter to her did state that..."if they chose to pursue this matter further I would use the statute of limitations as my absolute defense..."

Any thoughts on what I could say? Also, what they probably don't know is that I've already sent a letter to the original creditor stating what's been going on along with copies of their letters and mine...LOL! Morons, so I told first-nah, nah, nah, nah, nah, nah.....

Elyse

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Does anyone know where there may be a sample letter to write to a CA attempting to collect on a 5 yr old debt (SOL for Wa. was 3 yrs)?? Or, does anyone have any ideas on what to include in my letter to them?

IMO, it would be helpful to find the statute in WA that indicates the SOL for written contracts.

Here is the letter I wrote to ASSet Acceptance. Keep in mind, I live in California, and ASSet is in Michigan. You would need to tailor the statutory language to your state and the CA's state. Prior to this point in my dealings with ASSet, I sent them one DV letter in February, got a poor response with an OC printout in March. Then I followed up with a more thorough DV request indicating what they are legally required to provide me (along with the Wollman letter from the FTC and legal backing to it). They were silent for over 2 months. Then I sent them this:

Dear Asset Acceptance:

I have not received a response from your office in 63 days regarding my notice of dispute, and demand for validation, dated March 14, 2006 (which you received and signed for on March 17, 2006). Since you have failed to supply the required proof of the alleged debt, under the doctrine of “Estoppel by silence”, I may presume that no proof of the alleged debt, nor any such debt, in fact exists.

Documents I asked for and did not receive, and will be Estopped:

1. A copy of the original contract that has my signature on it.

2. Any and all documents detailing the accounting of this alleged debt (from inception to current date).

Therefore, you must now terminate this collection action and remove the erroneous reporting of this debt to the major credit repositories, including any inquiries recorded to view my personal reports.

Your failure to produce these documents has worked as a waiver to any and all of your claims in this matter, and entitles me to presume that you sent your letter(s) in error, and that this matter is permanently closed as indicated by your silence.

I refer you to FTC vs. Performance Capital Management, released August 24, 2000, to wit:

The proposed settlement … mandates the proper investigation of disputes. Where PCM learns during an investigation that account records no longer exist for a disputed debt, the company must delete the information from credit bureau files within five days. (emphasis added)

I have enclosed a copy of the Federal Trade Commission (“FTC”) press release for your review, along with a copy of my March 14, 2006 correspondance with Asset Acceptance (“Asset”), and verification that Asset received this correspondance. It should be very clear to you that I am keeping detailed records of our communications.

Furthermore, Asset has stated in writing to me, that you are attempting to collect a debt. By engaging in a debt-collection activity with a consumer in the State of California, you are bound by the laws and Statute of Limitations (“SOL”) for collection activities in this state.

Please take notice that in in Kimber v. Federal Financial Corp. (M.D. Ala. 1987) 668 F.Supp. 1480, the court made the following finding when a debt-collector attempts to collect on a time-barred debt:

Kimber (Consumer) argues that … to collect on a debt that appears time-barred … constitutes an unfair and unconscionable practice offensive to § 1692f. The court agrees with Kimber.

California law states that it is unlawful to collect any debt which is too old to be enforcable. The date of last activity on this account is June, 2000. The SOL on an open-ended account is four years in this state. The debt you are alleging became unenforcable as of June, 2004. Following that date, you have forfeited any and all claims for action to collect or attempt to collect on this account. Please review the following sections of the California Code of Civil Procedure, § 335 and 337:

335. The periods prescribed for the commencement of actions …, are as follows:

337. Within four years: 1. An action upon any contract, obligation or liability founded upon an instrument in writing

Reporting a debt, or verifying a debt with a Credit Reporting Agency (“CRA”) is considered an attempt to collect on that debt. You are required to remove the listing of this account from any CRA you may have reported it to. The SOL has not been reset, regardless of any payments that may have been made.

It should be perfectly clear that I have investigated your actions in this matter thoroughly. I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC, The Better Business Bureau (“BBB”), the California Attorney General, and the Michigan Attorney General.

In spite of any contradiction between State and Federal collection laws, please take notice of the Fair Debt Collection Practices Act, 15 U.S.C. 1601 et seq. § 816. Relation to State laws [15 USC 1692n]:

This title does not annul, alter, or affect, or exempt any person subject to the provisions of this title from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent with this title if the protection such law affords any consumer is greater than the protection provided by this title.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This is not a statement, election, or waiver of status.

I am again stating, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by the United States Postal Service.

You have five (5) days to permanently remove this account from your systems. If you verify or validate this account with any CRA by any means, including but not limited to, written, verbal, postal, telephonic, or electronic method including eOSCAR, your actions will be viewed as willful non-compliance of the law, and I will have no choice but to seek additional recourse against your company, including but not limited to, reporting your conduct to the FTC, BBB, and the offices of the Attorney General for California and Michigan.

Sincerely,

MasterP_Nice

Enclosures

FTC Press Release, August 24, 2000

Copy of March 14, 2006 letter (CMRRR)

Delivery Method

USPS Priority Mail

CMRR: xxxx-xxxx-xxxx-xxxx

Postmark Date: May 19, 2006

Also, at about the same time I sent them this letter, I disputed the account with the CRA's where it was reporting. EQ already deleted it. EX indicates that they will complete their investigation by 6/28.

!!!WE HAVE NOT RECEIVED YOUR PAYMENT!!! WE ARE GOING TO INFORM YOUR CREDITOR THAT YOU HAVE REFUSED TO PAY!!! DON'T MISS THIS CHANCE TO CLEAR YOUR PAST DUE ACCOUNT WITH THEM. TO AVOID THIS ACTION, WE MUST HAVE YOUR PAYMENT IN FULL.

--DONT DISAPPOINT US AGAIN!--

That sort of vernacular borders could be interpreted as abusive/hostile/threatening language. I'd slap them upside the head for that too. Cite the appropriate sections of the FDCPA and include that.

Good luck!!!!

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You folks truly do crack me up! :lol: I really like that, "Bite me!" I should've said that! I went ahead and sent my response yesterday though! Maybe I can send a CMRRR that just says, "BITE ME" on the letter portion? LOL!!! Oh, and Carolina-I took their threat of telling my creditor to mean that if I wasn't a "good wittle gurl" they'd tell on me (nah, nah, nah, boo-boo) and I wouldn't be getting my dessert after dinner. LOL...morons. It made me EXTRA glad that I'd taken it upon myself to already contact them! SO I told on THEM first, lol! :lol:

And - MasterP, NICE letter. I will probably use it when/if they respond. The woman is really stupid w/ regard to law or the rights of consumers so I'm assuming she'll respond. The oxygen thief can't help herself or shut up to save her life. Also, I didn't mention the abusive tones in their final comments in the letter- I took it as a bit of a threat and abusive in nature-but figured I was being over sensitive, glad you noticed that and that it wasn't just me. I may have to report them, but I wanted to exhaust the efforts of taking care of it myself first.

Elyse

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June 21, 2006

XYZ Company

121 Bite Me

Your Town USA

REF: Account XOXO

To whom it may concern:

You are hereby notified under provisions of Public Laws 95-109 and 99-361, also known as the Fair Debt Collection Practices Act, that your services are no longer desired.

I believe that this debt is not valid, or has long passed the enforceability period (as defined in the Fair Credit Reporting Act). As a result, I consider this matter closed and trust you will reflect the same in your files.

1. You and your organization must CEASE & DESIST all attempts to collect the above debt. Failure to comply with this law will result in my immediately filing a complaint with the Federal Trade Commission and the Texas Attorney General's office. I will pursue all criminal and civil claims against you and your company.

2. Let this letter also serve as your warning that I may utilize telephone recording devices in order to document any telephone conversations that we may have in the future.

3. Furthermore, if any negative information is placed on my credit bureau reports (including “hard pulls” of my credit information) by your agency after receipt of this notice, this will cause me to file suit against you and your organization, both personally and corporately, to seek any and all legal remedies available to me by law.

Give this matter the attention it deserves!

And have a nice day.

Trich701

letter obtained from www.bendover.com

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Good point, I guess you would need to find a balance. It would seem that some of the CAs would think they could run over you if you did not include the leagal mumbo jumbo. If they think you know your stuff, perhaps they would be more willing to honor your request.

In my case, this debt is past the SOL in Texas, and the entry made from the OC is due to fall off soon. As soon as you start working on your credit, everyone comes out from hiding to get you. Especially when applying for a new mortgage.

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  • 2 weeks later...

LOL...well, not to count my chickens before they hatch, but I think I must've moved the rock BACK because I haven't heard from them. Not since I sent I sent my response...lol. 8-) It's true, it's been like 5 yrs, they were stupid to not compromise, but hey--I saved some money to so I won't complain too loudly.

Elyse

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