Ding Posted November 22, 2008 Report Share Posted November 22, 2008 howdy all,hoping to learn a few things from you all..I have a ten+ year old debt that has just popped up.an outfit called NCO financial started harassing me until I sent a letter stating that the statute of limitations has expired and to stop any further contact and not to send,sell or otherwise give it to anyone else,including the original debtor and a month later I get a letter from the original debtor.the original debtor is wanting me to pay an absurd amount in full.I guess my question is are they bound to obey the statute of limitations.my state is six years. Link to comment Share on other sites More sharing options...
nascar Posted November 22, 2008 Report Share Posted November 22, 2008 a month later I get a letter from the original debtor.the original debtor is wanting me to pay an absurd amount in full.I'm guessing you mean the original creditor. In any case, it's probably still NCO up to its old tricks. Link to comment Share on other sites More sharing options...
Ding Posted November 22, 2008 Author Report Share Posted November 22, 2008 appreciate the response..it has the letter head of the original creditor,and a different address from NCO.they say they don't have any of the records but they sent a copy of the agreement.they say they don't keep the records after six years.they tell me sorry for the inconvenience.so is this NCO pulling the absolute deception or did NCO send me back to the original creditor for real.I am new to this kind of stuff and need any help you can throw at me.do I have to respond to this letter.I apologize for the questions and lack of knowledge about these matters.it seems relatively easier to deal with the 3rd party but I am unclear what is needed for the original creditor.any forms or advice??thank you. Link to comment Share on other sites More sharing options...
willingtocope Posted November 22, 2008 Report Share Posted November 22, 2008 First, realize that even if the debt is beyond the SOL for your state, its still collectable (except in WI and MO). The SOL does not prevent them from contacing you regarding the debt...it only means if they sue, and you show up, and raise the SOL defense, and the judge agrees, they don't get a judgement against you (and, maybe, the judge will slap them silly for wasting his time on an SOL debt).You don't mention what kind of debt this is. If its a CC, then its possible that the OC has sold the debt to someone...in which case, its unlikely the OC would send you anything. If its something other than a CC...lots lof things are possible.(You might also do a search on "oregon"...seems to me you guys have some consumer friendly laws of your own that might help). Link to comment Share on other sites More sharing options...
Ding Posted November 22, 2008 Author Report Share Posted November 22, 2008 thank you for your info and time folks.yes it is a CC from 98'.the OC must have sold it to NCO financial,they have sent collection letters and I have responded with the SOL and now they must have sent the collection back to the OC.I am a little confused,if I have the SOL protection saying you can't sue me for this then how is it they can still contact you about the debt to days end.that sounds like they have free reign to harrass you for life and no way to stop them.makes no sense. how can you stop it. Link to comment Share on other sites More sharing options...
willingtocope Posted November 22, 2008 Report Share Posted November 22, 2008 ...if I have the SOL protection saying you can't sue me for this...Not true. They can sue. You have to raise the SOL as a defense.Unless its an AMEX card, its unlikely that the OC still owns it. Call them and ask. Don't agree to anything over the phone. Play dumb. "I don't remember this account. Is it mine? Do you still have it on your books?" Link to comment Share on other sites More sharing options...
Ding Posted November 22, 2008 Author Report Share Posted November 22, 2008 not amex,it's a ca***** o**.it just seems fishy to me.they send a copy of the agreement,saying that we have no statement copies.the closing date for the statements are not within the time frame and are;therefore unavailable and sorry for the inconvenience this may cause you follows that..the letter heads say ca***** o**,salt lake city,utah..I never contacted ca***** o**so apparently NCO sent them the info,if in fact it is the OC.they also don't want me to record any calls either.appreciate the time and advise given,I really do.I am at wits end with this stuff.I really do not remember this account,of course it has been ten years to and I am old so the memory isn't all it is cracked up to be.LOL.. Link to comment Share on other sites More sharing options...
willingtocope Posted November 23, 2008 Report Share Posted November 23, 2008 So, I'm still confused, but the implication of what I think you're saying is:NCO is trying to collect a debt that either they bought or that they're working for someone who bought a debt from crap one. You sent them a "cease and desist" letter pointing out if this was your debt is was beyond the SOL. They in turn contacted crap one for records pertaining to the debt and crap one sent you a letter stating they have no such records.Okay. Then, if NCO calls again...tell them you ARE recording the conversation, and if they wish to continue to talk, its up to them. Tell them you sent them a letter stating you have no records of this debt and to stop calling.Keep the letter from crap one. If NCO is stupid enough to sue you over this, take that letter to the judge and point out that crap one has no records of any such account and therefore NCO has no evidence this is even your debt. Link to comment Share on other sites More sharing options...
Ding Posted November 23, 2008 Author Report Share Posted November 23, 2008 "willingtocope"..crap one is the one that sent the letter stating they have no statement records and crap one is now contacting me about the debt..should I send them (crap one)a cease and desist letter also.yes you are pretty close I believe.I am starting to understand a little more when you speak..it's kinda like a puzzle piecing together..I realize you have 5000+ posts and nothing better to do but appreciate the help and insight.LOL. Link to comment Share on other sites More sharing options...
willingtocope Posted November 23, 2008 Report Share Posted November 23, 2008 I'm still confused.If its Crap one that's now calling trying to collect...next time, tell them they sent you a letter saying they have no records of the account. Ask why they are calling if they have no records. Link to comment Share on other sites More sharing options...
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