advise as to how to stop old collection efforts well beyond statute of limitations

[methuselah]

First off I would like to say God bless this website and the helpful folks on it. I spent a day or so perusing the posts and found lots of helpful stuff before posting. And now to my question.....

I live in Texas and Asset Acceptance is driving me crazy with a debt well beyond the statute of limitations (15+ years old, Texas SOL is 4). They are placing hard inquiries in my Experian credit report approximately quarterly, they send regular collection letters and call my home and mobile number weekly.

Any specific guidance as to how to get them to stop? There are lots of great form letters available but none that really address my issue that I have found so far. I'm lucky my credit report looks fine outside of the continued hard inquiries but would like for them to stop harassing me.

Thanks in advance for any and all guidance!

[CarolinaBlueEyes]

Well you can send them a C&D letter.. but by law unless you live in Kansas and Mississippi they can contact you until you die... there is no law prohibiting it.. however a firmly worded C&D should keep them from contacting you

Dont get to wordy.. keep it simple.. tell them you dispute it , its out of SOL and they are not to contact you again..and make sure you send it CMRR.. if nothing else it will stop the phone calls and mailings

[methuselah]

The C&D letter was what I was looking for I want it to contain the proper references (AG, FCRA, etc.) to help convince them to quit bugging me. I guess I thought the SOL meant they were supposed to leave me alone once that passed.....thanks for correcting me.

Is it ok that they continue to put the hard inquiries on my CR even though the SOL is long passed?

Thanks!

[CarolinaBlueEyes]

I think they can still do that... however you might want to mention that in the C&D

as I said keep your C&D simple. they know the laws.. you start sending letters that sound like a lawyer they will blow you off..

keep it simple.. they know... they dont know YOU know

so you say,, I am disputing this.. its past the SOL.. you are not to contact me except to tell me you are terminating your collection efforts. .. thats really all you have to say.. inform them its a C&D...

in fact the C&D I use even mentions reporting to the CRA.. you dont need to come off with a bunch of numbers for laws.. trust me those get thrown out with the trash..

[methuselah]

Thank you very much! I did not want to sound like an attorney but at the same time I did not want to have it thrown in the trash either because it was so evident I was clueless. One last question.....do I direct the C&D to anyone in particular? Or is that necessary?

Thanks!

[CarolinaBlueEyes]

nope. just a whom it may concern.

and then make sure you send it CMRR... I also include a copy of their last commincation and write DISPUTE , OUT OF SOL and CEASE AND DESIST on it in nice red marker. that way it gets my point accross

[gbe]

The C&D letter was what I was looking for I want it to contain the proper references (AG, FCRA, etc.)

FAIR DEBT COLLECTION PRACTICES ACT

§ 805. Communication in connection with debt collection [15 USC 1692c]

(a) ...

( ...

© CEASING COMMUNICATION. 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.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

[methuselah]

Awesome! Thank you both very much you been a big help!

[kel]

CarolineBlueeys

What is the deal with Kansas and Mississippi you mentioned in this thread

[MissSilence]

debt well beyond the statute of limitations (15+ years old, Texas SOL is 4). They are placing hard inquiries in my Experian credit report approximately quarterly, they send regular collection letters and call my home and mobile number weekly.

wouldnt thier hard pulls on her credit report fall under the category of not having a permissable purpose?

[methuselah]

wouldnt thier hard pulls on her credit report fall under the category of not having a permissable purpose?

I get mixed response to that question. With the other CRA's outside of Experian you can contest hard pulls. Experian won't let you do that unless it is like a duplicate pull. I have been told that hard pulls are ok if the original debt is real and in this case it is. I complained to the FTC and the AG simply because there is no reason for them to do that other than to try and sort of blackmail me into settling. They cold soft pull and get whatever they needed.....they choose not to in order to put pressure on me by keeping my inquiry count up since that is all they can do that way since the debt is waaaaaay to old to report.

[CarolinaBlueEyes]

CarolineBlueeys

What is the deal with Kansas and Mississippi you mentioned in this thread

In Kansas and Mississippi you can not be contacted after your SOL has run.. for the rest of the country they can still try to collect but the SOL deters them from sueing.. they can still try but you have an affirmative defense.

In Kansas and Mississippi they are not even supposed to send a single letter or make a single call after the Sol has run