brattylatina Posted July 26, 2007 Report Share Posted July 26, 2007 I received a call from Portfolio Recovery yesterday on a account that has a last payment of 2002. The SOL in California is 4 years and I made the CA aware of that. I want to send Cease and Desist since it is past sol Is this ok? Yesterday was my first contact with them. I am confused as to whether I DV or just do Cease and Desist. Thanks for all your help....I want to fax to them today.July 26, 2007Portfolio Recovery AssociatesP.O. Box 12914Norfolk, VA 23541Re: Account No.Dear Sir or Madam:With this letter I hereby request that you CEASE and DESIST any and all efforts to collect on the above referenced account which is past the statute of limitations.You are hereby instructed to cease all collection efforts immediately or face legal sanctions under the Federal Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692c© and 1692k and the Rosenthal Fair Debt Collection Practices Act, California Civil Code §1788.17.Sincerely,Me Link to comment Share on other sites More sharing options...
mdk003 Posted July 26, 2007 Report Share Posted July 26, 2007 You are hereby instructed to cease all collection efforts immediately or face legal sanctions under the Federal Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692c© and 1692k and the Rosenthal Fair Debt Collection Practices Act, California Civil Code §1788.17.I think that you're mixing apples and oranges here. Collectors have to stop collections efforts when they receive a timely DV (at least until they respond to it). A cease & desist does not halt collections. It just means they have to stop contacting YOU. © 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.So, your C&D should basically summarize this. Tell them to cease all communication other than to advise they are terminating efforts or that they intend to invoke a specified remedy.Are you in California? I thought that collection efforts on time-barred debts are specifically illegal there. Link to comment Share on other sites More sharing options...
brattylatina Posted July 26, 2007 Author Report Share Posted July 26, 2007 Yes, I am in California. So then do I insert this as you said "cease all communication other than to advise that you are terminating efforts or that you intend to invoke a specified remedy."Sorry, I guess I just don't understand. I wasn't sure if I had to DV since they are SOL or a cease and desist was fine. Link to comment Share on other sites More sharing options...
mdk003 Posted July 26, 2007 Report Share Posted July 26, 2007 You can either DV or C&D them in this case. Well, you can do both...but it's a little pointless since they can no longer communicate to you in response to the DV. For a C&D, just keep it simple. Tell them to cease communication, with the exceptions allowed. You can also include that the alleged debt is past the SOL, and time-barred.That's all it takes. If they talk to you again, you can sue for the violation. If they sue you, you will need to appear in court and raise the SOL defense. So, be VERY sure that the debt really is past the SOL. Like I said, I think you can actually sue in California if they pursue a debt past the SOL, but I don't know this for a fact. Anyone in California know the exact law on this? Link to comment Share on other sites More sharing options...
brattylatina Posted July 26, 2007 Author Report Share Posted July 26, 2007 Yesterday when she called she said last payment was in April 2002. That's when I told her that SOL in California was 4 years and homegirl had nothing to say to me.I will double check on EX as that is the only place the OC is reporting. I thought of doing DV to be safe so it mentions about them reporting and stuff. Link to comment Share on other sites More sharing options...
brattylatina Posted July 26, 2007 Author Report Share Posted July 26, 2007 This is what is says on EX. She told me last pay was April 2002.Status: Transferred,closed/Account charged off. $882 written off. Date Opened: 09/1999 Type: Revolving Credit Limit: $250 Date of Status: 07/2004 Terms: NA High Balance: $882 Reported Since: 10/1999 Monthly Payment: $0 Recent Balance: NA Last Reported Date: 07/2004 Responsibility: Individual Recent Payment: NA Your Statement: Account closed at consumer's request Creditor's Statement: Purchased by another lender. Account History: Charge Off as of Jul 2002 to Jul 2004 60 days as of Jun 2002, Jan 2002, Nov 2001 30 days as of May 2002, Mar 2002, Dec 2001, Oct 2001, Jun 2001, Mar 2001 Link to comment Share on other sites More sharing options...
IHateCAs Posted July 26, 2007 Report Share Posted July 26, 2007 mdk003 you are my hero.C&D is your last response, not your first.Initial contact = DV even on OOS debts. Even on debts past reporting. Link to comment Share on other sites More sharing options...
brattylatina Posted July 26, 2007 Author Report Share Posted July 26, 2007 Thank you all for your advice. I am sending (faxing) my DV as I type. Also sending it certified mail. Link to comment Share on other sites More sharing options...
ladyjen80 Posted September 2, 2007 Report Share Posted September 2, 2007 Thank you all for your advice. I am sending (faxing) my DV as I type. Also sending it certified mail.Do you still have that fax number? Link to comment Share on other sites More sharing options...
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