sweeperlady

What to do with a collection letter not being reported to the CA???

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Okay, I've been working on repair for 2 months now. Making some good progress thanks to ALL the great help, research, and advice I've gotten on CIC!!!

On 7/26 I get a Fed Ex note on my door that a delivery attempt was made and they'll be back the next day to attempt again and I have to sign in person. On 7/27 Fed Ex comes back and delivers, I sign my first initial and current surname (the package is for me with my maiden name which was changed 7 years ago btw). The Fed Ex man asks me my last name, which I tell him. He looks at the name on the package and sees that it is not the same last name and asks me if this is the right address though, I say yes. He leaves.

"Package" is a letter from Stewart & Associates as follows:

"Our Client: Credigy Receivables Inc.

Original Creditor: Chase

Current Account Number: XXXX-XXXX-XXXX-8109

Balance as of today: $1900.21

As our previous correspondence to you has indicated, your past-due accoutn has been referred to our office for handling. Despite our prior effort to resolve your past-due debt amicably, we have no indication that you intend to honor and repay your outstanding obligation. We hope that you will arrange payment of this debt. However, if you fail to do so, our client intends to enforce your outstanding obligation in court.

Although no attorney has reviewed your specific account to date and no suit has yet been filed against you, please be advised that if you do not contact us and arrange a repayment plan acceptable to us withint ten (10) days of delivery of this letter, we have been authorized by our client to refer this matter to an attorney licensed in your state for the filing of a lawsuit against you.

If the lawsuit is filed, our client will seek to recover attorneys' fees court costs, and any other costs if permitted by law or contract. If our client obtains a judgement agains you, it may seek to enforce the judgement by all means allowed by law.

Please contact our office immediately at 866-XXX-XXXX if you would like to settle this matter.

Sincerely,

BLAH BLAH"

Okay so my recollection and history on this account according to some old CR's is this was a Chase account opened in 1994. It was charged off in May of 2000 and went to First Select for collection, then Credigy, then Credigy Receivables, Inc. The last contact I have from them was a letter they sent to my parents house in December 2003. Neither Chase, First Select, Credigy or Credigy Receivables are currently on my credit report although they have been in the distant past. Stewart & Associates are not on my report either and I don't see that they pulled it anytime recently so I am not real sure how they even got my current address, but maybe have seen that I am currently in a state of credit repair?

Anyway, I beleive my DOLA was before CO in May 2000. I live in WI and the statue of limitations is 6 years and there is also a statue of repose for 6 years (I think) that states it is illegal to even attempt to collect on a debt after 6 years. What kind of letter do I send them if any???????? Ignore it altogether since they aren't even on my credit report? Tell them to FOAD?

Please help...I need to send it out soon, I'm obviously beyond their "10 days" but I would guess legally I have 30 to respond.

Thank you SO much in advance for your help!

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You are correct, they cannot attempt to collect on a time-barred account in WI. IMO, I would respond and tell them that the debt is time-barred and according to WI statutue XXX, it is unlawful to attempt to collect on a time-barred debt. You are on formal notice that this disputed debt is time barred and an unlawful attempt to bring this frivilous case to court will be answered by a lawsuit against you for violations of the FDCPA and WI statutes. This is my first and last warning to you, please take me seriously. If they contact you again or sue you, you can demonstrate willfull non-compliance.

:goodluck:

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