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LeslieR
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MCG is attempting to collect on a time-barred debt. They were calling me several times a day for a few weeks. I didn't know what it was about and DVd them. They ignored. They continued to call. I sent them a second DV request on February 13 with much stronger language, reminding them that this was my second request. At the time of these letters, I had no idea what they were collecting for.

Now they are sending letters to my former address. From those letters, I now know what the debt is and is so non-reportable and out of SOL it's not even funny. The resident wrote "return to sender" and it got sent back to him.

I have not lived at that address in four years. My DVs both have my current address on them, as does my credit report (obviously).

MCG is not pulling and not reporting (they would be in serious violation if they did; as I mentioned, this debt is wayyyy time barred...it's about 17 years old!)

What would you do at this point? Obviously they are in violation but I've never filed suit against a CA or JDB and not totally sure if I want to start now. But this needs to stop. Should I just try FOADing???

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MCG is not pulling and not reporting (they would be in serious violation if they did; as I mentioned, this debt is wayyyy time barred...it's about 17 years old!)

What would you do at this point? Obviously they are in violation but I've never filed suit against a CA or JDB and not totally sure if I want to start now. But this needs to stop.

But the harsh reality is that it is not going to stop.

Somebody bought this debt for pennies on the penny and they are going to invest a little bit of effort to try to make you (or whoever is at your former address) pay up. After once they have expended their allotted budget, they will give up and sell it to someone else who will do the same thing. And this will continue for another decade or two.

I have a charge off that is about as old as yours and since it does absolutely nothing to my credit score I don't sweat it and I don't expend any emotional capital on it. At least once a year, my parents get a group of letters like that. I tell them to throw them all away.

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Yes,

However, many JDB's are taking the 'account stated' approach in SOL debts like this. If you do not DV some will sue on an account stated as you recieved billing notices (their letters to you) and did not object.

You can if you are good enough to defeat this in court but, this is not a sure thing and will take work. Always send a DV CMRR and keep your copy locked away. One DV is enough to defeat an account stated with the current JDB. If they sell it you will again have to send a timely DV and keep that for future reference for your new JDB.

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Thanks for both of these responses.

I think that my course of action will be this:

When I receive the letter from the guy in my old house who has received it, I will write a THIRD DV with pertinent account numbers. The first two were based on phone messages alone and I did not reference any account numbers. This alone should not prevent them responding, but.......

From there on out, I will keep records and as Wolf suggests, not really sweat it too much.

If they fail to respond to the DV, would you FOAD or just keep ignoring them? My FOADs are pretty simple and to the point (not nutcase).

PS: Creditthis, I am curious - I checked your previous posts and it seems you are very generous with your advice. There aren't many people here who only dispense advise and don't ask for it!! What's your background if you don't mind me asking? You are very knowledgeable about the legal aspects of collections.

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