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Rec'd collection notice from a 1996 account


gingarm
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I have been contacted by a collection agency who claims I owe them $650 for a credit card from a store I've never heard of. When I called them to inquire, they said the account was from 1996!

They refused to give me any information to validate that this account belongs to me. Their agent said "call the police if you don't think it's your account." She did give me an address where I lived a really long time ago but I have never heard of the store that she says the account is with. I even googled the store to try to find their contact info so that I could call them directly and I found nothing.

After speaking to this company I pulled my credit report and found that they have listed a collection account as of 8/1/08 in the amount of $12.00.

Anybody have any advice?

Thanks!

Gina

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If the debt is from 1996, then it is beyond the reporting period allowed (and without checking, I am fairly sure beyond the SOL for IL). Dispute it as obsolete, and send the CA a FOAD letter with instructions to delete and stop collection efforts.

If they fail to do so, then file an ID theft report as they requested w/ your local police. If they don't comply then, well, then you can sue them. ;)

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What I've used:

To Whom It May Concern:

This letter is in regards to a recent attempt by your firm to collect on an alleged debt. The account which you claim I owe money is over ten years old. You may or may not be aware of it, but Oregon State law provides for a statute of limitations of six years for breach of contract (ORS 12.080). As such, you have no longer have any valid legal recourse available to collect on this alleged debt.

Please consider this letter to be your notice that I have no intention of ever paying the money which you claim I owe. You are to immediately cease and desist attempts to communicate with me regarding this alleged debt. I am making this demand pursuant to my rights under Section 805© of the Fair Debt Collection Practices Act (FDCPA). If you contact me again, I will not hesitate to file a FDCPA suit against your firm in federal court.

Please also be aware that the seven year federal limit to report this account on my credit report has also expired. If your firm chooses to furnish information about this alleged debt to the credit reporting agencies, you will face a lawsuit stemming from both FDCPA and Fair Credit Reporting Act (FCRA) violations.

Regards,

Da' Bus

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Something else to keep in, once you get this item removed from your credit report, you will have to regularly check all three bureaus.

There are so many bottom of the barrel collection agencies and individuals who buy ridiculously old stuff all the time. It can be over twenty years old and have absolutely no valid documentation attached to it but there is a horde of people who think they can collect on it especially by bullying, harassing, and lying.

It is very possible that this thing may follow you for the next ten years or longer because some lowlife degenerate thinks he can make you pay for it.

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I wouold simply attach that letter to the summons for the already existent FDCPA violation of misrepresenting the nature and character of the debt by reporting it as less than 7 years old to the CRA's. They already owe to $1000, let's see if we can make it more.

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