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Original creditor is BAAAAAACK!!!


Soccer247
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The debt is 8 years old....... The SOL were up 4 years ago....... It came off of my credit August 2007......... YESTERDAY I got a letter from the original creditor telling me I have 30 days to repsond and make payment arrangements or pay in full or they'll re-assign to another agency and instruct them to pursue me for the full amount PLUS attorney fees. Again, SOL are up, report time frame is over.... I understand this is an empty threat.... HOWEVER.... If I send a cease and desist letter to the creditor, and they go ahead and "re-assign" it to a collection agency, does the cease and desist apply to the new collection agency too? Or will I have to wait for contact from them and send them a cease and desist letter too?????

Thanks for any input!!

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WHOA..... Was does "FOAD" mean????

What do you mean they'll sue me if I don't know my rights?! If the SOL were over 4 years ago (unsecured debt SOL in California is 4 years) and the 7 year reporting time frame is over how can they sue????

FOAD = F OFF AND DIE

The SOL being expired does NOT mean they can't sue you. It means that if they DO sue you, you can use the expired SOL as an affirmative defense. Most consumers do not even know about the SOL and lose by default on debts that are time barred simply b/c they failed to show at court and raise the defense.

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ROFL..... "FOAD"..... That's cute!!! LOL!!!!

Aww ****take mushrooms!! OK.... So if I send them a letter asking them to cease and desist citing that the SOL and reporting time frame is expired will that be enough to prove I know my rights and that if we go to court I will prove the SOL is expired and get this dismissed????

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ROFL..... "FOAD"..... That's cute!!! LOL!!!!

Aww ****take mushrooms!! OK.... So if I send them a letter asking them to cease and desist citing that the SOL and reporting time frame is expired will that be enough to prove I know my rights and that if we go to court I will prove the SOL is expired and get this dismissed????

IMO, if you send a C&D letter and tell them something to the effect of, "I am aware of the SOL on this debt and this debt is time barred." Send this CMRRR (certified mail, return receipt requested)

If the do attempt to take you to court, bring a copy of your letter and the CMRRR and I'm sure the judge will not look to kindly on the fact that they are wasting the courts time on a time barred suit that was brought to their attention already.

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  • 4 weeks later...

Well, got a response to the FOAD letter I sent to the OC..... The wording in this one was MUCH MUCH nicer!!! They just want to give me an "opportunity to pay this off".... This time there was no "OR ELSE...."...... I think I'm going to contact them and find out what has gone on with my previous employer and getting their payment. Clearly, they're getting the "run around" and figure it's probably just easier to come after me.... But I'm thinking maybe I can help facilitate things between both parties.....

ANYWAY........ In the response to my FOAD letter, they also said that since they're the OC (1st party), the FDCPA regarding cease and desist doesn't apply to them.............. TRUE??? I mean, when I think it out... It sounds right, but just wanted to be sure. Thanks!

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Well, got a response to the FOAD letter I sent to the OC..... The wording in this one was MUCH MUCH nicer!!! They just want to give me an "opportunity to pay this off".... This time there was no "OR ELSE...."...... I think I'm going to contact them and find out what has gone on with my previous employer and getting their payment. Clearly, they're getting the "run around" and figure it's probably just easier to come after me.... But I'm thinking maybe I can help facilitate things between both parties.....

ANYWAY........ In the response to my FOAD letter, they also said that since they're the OC (1st party), the FDCPA regarding cease and desist doesn't apply to them.............. TRUE??? I mean, when I think it out... It sounds right, but just wanted to be sure. Thanks!

I think it's kind of cute that they know that you know they have no case against you, but try to get the money from you anyway!

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Right.... I sent the C&D to the OC.... But they responded by telling me that even though it's outside of the SOL, C&D doesn't apply to them b/c they're the OC (1st party)... Again, as I think about the "logic", it would make sense. I thought I've read on these boards that they can continue trying to collect from you forever if they want (even outside of the SOL), but with the SOL being expired there's nothing they can do legally anymore. But I also thought I'd read that if you send a C&D, they must oblige. I have so much "info" in my head at this point, I can't remember for sure..........

As always THANK YOU!!!

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C&D only applies to CAs. If you're dealing with the OC you should send them another letter stating that you have explained to them that they are trying to collect on a time barred debt which has now expired. Please cease all communication on this debt or you will consider this harrassment and you are ready to proceed to the next level involving legal action if they do not stop harrassing you.

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isislc - you got to it before i did - nice.

soccer - that's great advice you just got. If C&D won't work, telling them that when they call you or attempt to collect on a time-barred debt you consider it to be harassment and may pursue any and all legal avenues avaiable to you at that time to defend your rights.

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