sunset

Plz critique my C&D?FOAD letter

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Hi Everyone! You all know me from helping my DH with his reports. Here's the skinny. Earlier this year, I received a letter from a CA demanding pmt for a 19 yr old debt. I sent them a C&D letter (advice from CIC'ers), and didn't hear anything from them again. (ExDH took a card out in my name, used it and I didn't know about it until we were divorced). Anyhoo, this is the letter I'm planning on sending this other CA which just wrote to me. They are very kind in offering me 4 different pmt plans on this debt from 1989. I'm just tired of being told to pay $5000 on a card I never had, used, or even had the 'privilege' of keeping in my wallet. Please tell me what you think, and let me know; as this is the first letter I've ever sent threatening to sue.

To Whom It May Concern:

This letter is in response to a notice I received from your office regarding the above account. I understand, from a previous collection agency, this account was from 1989. This is not my account, nor has it ever been my account. Also, since this account is 19 years old, I also know this account is past the statute of limitations for collection and is, therefore, uncollectible.

You are to cease and desist all communication with me. You will not contact me regarding this account which is past the statute of limitations for collection and you will not report on my credit reports. If your company does contact me or report this account to the credit bureaus (Did I mention this un-verified 19 year old account is past the statute of limitations for collections?), I not hesitate to sue you for violating §805© of the Fair Debt Collection Practices Act. (I do know they are allowed to contact me one more time).

Regards,

Sunset

Hmmmmm...... mebbeh I should add they will have to 'eat' the 25 cents they paid for this debt???? lol

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The SOL doesn't make the debt uncollectible, it only provides an affirmative defense if a suit is filed. In your case I doubt it matters how you word it because the chances of them filing suit are pretty slim. The 7 year report in period expires, the SOL expires, but the debt never really goes away. If they're just sending an occasional letter, I would just toss it in the trash. If they're calling or causing some sort of harassment, then a simple "Do not contact me about this matter ever again because I refuse to pay" letter would be sufficient.

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My philosophy is - the simpler the better. Try this on for size:

Gentlemen:

Referring to the attached letter I received from you -

1. It isn't my debt

2. I refuse to pay it

3. Don't contact me again about it.

Sincerely,

sunset

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I agree with Flyingfir. The KISS philosophy is best. But I would add the word 'dispute' in there somewhere.

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I agree with Flyingfir. The KISS philosophy is best. But I would add the word 'dispute' in there somewhere.

I figured "This isn't my debt" would cover that.

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Flyingifr: Wouldn't stating that "I refuse to pay this debt" have some sort of ramification(s) even though the debt is SOL? This is the first letter I have received from this CA and I want to do this correctly.

Or, I can still state I will not pay it, they try to sue me, I use the unknown/SOL defense?

From what I understand, the original card limit was $2500 (info included in letter from the CA that tried to collect earlier this year) and now it's up to $5000.

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