New letter from new CA on 10-year-old CO

[eastoutwest]

I had a CO on my CR in 1996/1997 from GE Capital / Direct Merchants Bank -- which was an account they purchased from Prudential who charged it off in 1995 -- so the original CO was 1995.

This darling of a TL hung out on my CR for seven years, as expected, sitting with Midland Credit Management. I ignored this TL, knowing that it was going to fall off soon and that the debt was WAY past the SOL. I just filed the letters sent by Midland, knowing that any communication might somehow re-start the reporting statute.

I just received a letter from a new collection agency which has taken up this now 12-year-old cause.

My question: Do I just ignore them? This charge off happened in 1995, it has been sold to three different credit card companies, and this is the fourth collection agency that has had it. It is most definitely past both the reporting statute and the SOL.

Is there any danger of them starting to report this? Should I ignore them? DV them since I just received the first communication yesterday? Or do I send them a cease and desist telling them that this debt is past the SOL and the reporting statute and that any further contact will be considered harassment and I'll file suit.

Any ideas?

Thanks

[IHateCAs]

I think a DV is safer on an OOS debt than a C&D.

With a timely DV, they are barred from collection activity including pulls of your credit report and lawsuits. Even if it is past the TLR, they can still drop your score with hard pulls.

With a C&D, they only have to cease communication with you. Pulling your report would not be a violation.

Even with accounts past TLR, there is always a risk of them re-aging and placing the debt on your report anyway. With a timely DV, you have more violations out of the gate (although their violations would already be substantial).

Very simple DV, none of this "this is a request for validation not verification of my mailing address" crap with a long list of demands. Spears v Brennan simple.

[eastoutwest]

I have found that simple is usually what works best. If you get all of the fancy language with the statues listed, they know you've got a boilerplate and it seems that they make it harder -- unless it's a DV that I've had a friend who is an attorney send on my behalf, that gets their attention.

Do you have a good sample of a simple letter out there somewhere? Should I just say "I don't believe this is my debt, please provide written documentation that this debt belongs to me, and that I am legally obligated to satisfy it." Something like that?

Thanks

[Ahntara]

This debt is past Reporting Period and probably past SOL. The CA is just fishing in thin waters. Keep it simple: "I dispute this debt". You can write it in purple crayon, if you wish...

[IHateCAs]

This is the DV letter I recommend. Came from a FDCPA suit.

Also on November 12, Shepard sent Brennan a letter informing him that Spears “disputes your debt collection-related allegations, denies the same, and demands strict proof and verification thereof. This dispute, denial, and demand are made in accordance with federal law.”

If you live in Texas, or another state with dispute statutes, you might want to throw in "federal and state law".

[zfire]

Anyone have a good sample of something that says FOAD and this is PAST SOL and send me the proof before you go away and

you better not put this on my credit report????

Getting tired of writing letters........can ya tell?

I think eastwest could use something similar, yes?

[SecretAgentWoman]

Nutcase 'em. It's more fun, and they can't do anything to you.

"Dude, are you serious? You are trying to collect on a 12 year old debt? Whatcha smoking??? Can I have some, I'll pay you if you share your dope.

Haha, just kidding. Anyway, the account is out of the statute of limitations to collect, it's past the credit reporting time, and well, it's not even MY ACCOUNT to pay, so what would you do if you were me?

I hope the answer is laugh your a$$ off, and tell the collection agency to CEASE and DESIST all communications and collection activity. Because that is what I am demanding you do.

Now, go smoke some more dope and have a nice day."

[zfire]

I learned nutcase from SAW.

These letters are actually fun to write.

I just wrote one to a doctors office a bit ago, and will mail

it tomorrow. I am not in collections with them..but I can

see it coming if I don't get a bit of validation going.

This one was especially fun, because I am sending a copy of

"their" letter to the director of the treatment center......so he

can see that this person can neither spell, get the business form down,

can't see what's been paid........etc. (ability to read spreadsheet would help I suppose)

Oh I forgot the grammar lesson she needs too.

Don't these places provide MS Office to their help anymore???

Course it would be nice for ya'll if I used it here too, huh?