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need help with letter to CA re SOL


zfire
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Hi:

I took a couple of samples and put them together, and am posting it here to have some of you very knowledgable people tell me what to delete, and/or if this is okay to send to CA's who are trying to collect after SOL has

expired.

This letter is in response to your letter dated ------(copy enclosed) concerning the collection of the above referenced account.

I do not believe that I owe what you say I owe, therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act, (FDCPA) and my state laws. I hope to save us both a great deal of time by letting you know that not only do I dispute the valitity of this debt, I have also checked with the Texas State Attorney General, and verified that the Statute of Limitations for encorcing this type of debt in court in Texas has expired. Therefore, should you decide to pursue this matter with me, or in court, I intend to inform the court of my dispute of this debt, and that the “statute of limitations: has expired.

This letter is your formal notification that I consider this matter closed. I demand that you or anyone affilitated with your company stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

Be advised that I consider any contact not in accordance with Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General and to the Federal Trade Commission. I will take whatever legal action necessary to protect myself. Be advised that I tape and record all phone calls and violations of the FDCPA can result in your or your company being personally fined up to $1000 per incident.

You are also notified that should any adverse information be placed against my credit reports as a result of this notice that appropriate actions will be taken.

-----------------------

I also had a paragraph for one that said that I had not responded to a previous letter. (which I never got btw)

IF any of you can help me get this into some sort of form that isn't threatening I would appreciate it.

Thanks in advance Zfire

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One little change suggested. The FDCPA only allows up to $1000 for all violations. Other than that, it sounds pretty good. Do you want to be threatening or not? Have they been threatening or have they been the good boys and girls they're supposed to? I am not the one to give you advice on non-threatening because I despise the bottom feeders. Have you checked out this website? http://www.bid4assets.com/auction/in...ctionid=305489The link comes from another thread in this forum. I think after you follow the link you may have different ideas for your letter. If you still want to be less threatening, come back and we'll see what we can do.

§ 813. Civil liability [15 USC 1692k]

(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --

(1) any actual damage sustained by such person as a result of such failure;

(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or

(B) in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and

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HERE IS A LETTER HMC

837 Crocker Rd.

Westlake, Ohio, 44145

Date Account # Amount

04-17-2006 4366208 $129. 7

02-28-2006 4370252 $248.71

05-14-2004 4353763 $120.57

01-25-2001 4352009 $192.00

06-24-2000 4365609 $297.31

11-17-1999 4352001 $930.00

03-20-1998 4351993 $420.00

01-28-1998 4362208 $350.00

04-06-1994 4361370 $500.00

03-30-1993 4360521 $720.00

Total Of 10 Seperate Bills. $3908.36

Dear H M C,

This letter is in response to your bills, statements dated 12-17-2006 concerning the collection of the above referenced accounts. A copy of your bills attached.

I will not be taking the offer you made to me of $2750.00 to settle. These are 10 seperate bills with 10 seperate account numbers.

I do not believe that I owe this debt, and therefore I am disputing this debt. I have verified the state statute of limitations for debts of this type through Ohio courts as six years. Therefore, the statute of limitations for the collection of some of these dates has expired.

However I am sending you payments for the bills that this rule does not apply.

Date Account# Amount

04-17-2006 4366208 $129.77

02-28-2006 4370252 $248.71

05-14-2004 4353763 $120.57

01-25-2001 4352009 $192.00

Total of 4 seperate bills $691.05

I hereby require that you take the following actions:

1. Accept this payment in full as the bills older then 6 years are out of the statue of limitations for the state of Ohio (the FDCPA rules apply)

2. Forward a copy of this letter to the creditor who alleges that I owe the debt, inform them that I am disputing the debt and paying the above accounts

3. Any negative reference made by your company on my credit reports to any credit reporting agencies will result in swift legal action against your company.

Except as specified outlined herein, I am requesting that you cease all contact with me about the alleged debts. Any further contact should be strictly in conformity with the FDCPA: It should be limited to providing me with the documentation requested in this letter, informing me that you have ceased collection efforts on the alleged debt, or stating that you are taking a specific action in relation to the debt such as commencing a collection lawsuit. Obviously, I would raise the statute of limitations as an absolute bar to any lawsuit.

Any further contact should be made in writing, and should be submitted to my home address by mail.

By Ohio laws you are not permitted to call my place of employment as you did, or make any harrasing calls and/or false statements, since this is what in fact you have been doing (phone records at work). You need to stop this illegal practice of false or misleading statements immediately.

I SENT LAST WEEK

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Let Me Know What You Think Of The Letter I Sent I Talked To A Freind That Works For A Ca And She Told Me To Do This And I Would Not Hear Fron The Ca Again Hope It Worked

Just as I thought. CAs lie to everyone, on and off the clock.

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nascar was that comment you made for me? this freind iam reffering to has worked for a ca for 25 yrs and is a close family freind. i reallt dont think she would of adviced me to do this if it was not true like i said they sent me to collections for 10 seperate bills with 10 seperate accounts and 10 different dates the ones past 6 yrs are indeed past the sol so i beleive what she told me to do

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That is some good advice, changing things up a bit before I head to the PO.....

and btw I liked the letter too. The statement to forward a copy to others is something I didn't think of. Thanks! It seems to me if you tell them what you aren't going to do, or you don't owe, etc., that if you send it certified return receipt anything stating ones intentions would suffice??

Here is the deal. All of a sudden, out of nowhere I get these 4 (mostly nasty)

collections letters. One for my other half which is so far out of SOL that it is almost funny. I had to dig through things to actually find this debt.. Not even on the credit reports. They want more than triple what was originally owed. For them, a nastygram for sure.

All but one is out of SOL, (unless something else creeps in later) and I believe it was deliberately not reported when it should have been. What kind of letter do I write to that one? It goes to SOL in July? Anyone???????

I got one polite little notice. It went so far as to state that if I wrote them a letter saying no contact, etc., that by law they would never contact me again. The others didn't use the polite language as this one, so.....We'll see. They are getting a very much modified letter from me.

And oh yeah, though it is unintentional, I come across in person as a threatening kind of person, though I am a coward who is usually shaking in her tennis shoes. Hence, the strong language in the letters.

Everyone is posting scores. I am going to get FICO if someone will tell me how to go about that without spending a fortune.

His FAKO ES 711 three baddies left on reports

My FAKO ES 685 mine 5 baddies left on reports

And I've just started this!

Thank you all for your responses.

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