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CA threatening to keep up with inquiries


MokkNoir
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I owed about $40,000 in credit card debts that were continuously piling on the penalties; late payments, over the limit, etc, etc, etc :-(. I had actually begun to seriously consider going over to Iraq as a civilian contractor just to get out of debt. Then I found this site and realized I only had to wait one more year and everything would drop since it would be past the seven year reporting period. So…. a year in the world’s biggest and ****tiest cat box? Or, just keep right on living my life as I had been for one more year? Easy answer…

So, now I’m in the clear and have two cards that are under 8% interest. Everything is golden…. :mrgreen: But, wait. What’s this? A letter from a CA trying to collect on a debt? I couldn’t resist calling and asking them about it. They know damn well that the last activity was in Nov. of 2000 and that I had the debt removed from my report. The CA told me that even though they couldn’t report the debt anymore, they would continue with the inquiries in a last effort to hurt my CR.

Can these guys really keep doing that? Isn’t this threatening and coercive behavior preventable? Do I have to put up with this?

I’m so pissed with these greedy whores I’m ready to make their life a living hell. I’d love to show ‘em what I can do over the course of a year to someone with a hacksaw and a blowtorch.

Should I start a paper trail to build a case and then sue?

Thanks for any advice in advance!

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Then I found this site and realized I only had to wait one more year and everything would drop since it would be past the seven year reporting period.

Sorry to tell you this, but even when the debts fall off of your credit report, they don't actually go away. The debts are still valid. You can still get sued and hounded forever (letters, phone) on these.

The 7 years is the reporting period for your credit report only. The CRAs do not have the power to cancel debt. They just can't report it after 7 years. So, the debt is still alive.

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I owed about $40,000 in credit card debts that were continuously piling on the penalties; late payments, over the limit, etc, etc, etc :-(. I had actually begun to seriously consider going over to Iraq as a civilian contractor just to get out of debt. Then I found this site and realized I only had to wait one more year and everything would drop since it would be past the seven year reporting period. So…. a year in the world’s biggest and ****tiest cat box? Or, just keep right on living my life as I had been for one more year? Easy answer…

So, now I’m in the clear and have two cards that are under 8% interest. Everything is golden…. :mrgreen: But, wait. What’s this? A letter from a CA trying to collect on a debt? I couldn’t resist calling and asking them about it. They know damn well that the last activity was in Nov. of 2000 and that I had the debt removed from my report. The CA told me that even though they couldn’t report the debt anymore, they would continue with the inquiries in a last effort to hurt my CR.

Can these guys really keep doing that? Isn’t this threatening and coercive behavior preventable? Do I have to put up with this?

I’m so pissed with these greedy whores I’m ready to make their life a living hell. I’d love to show ‘em what I can do over the course of a year to someone with a hacksaw and a blowtorch.

Should I start a paper trail to build a case and then sue?

Thanks for any advice in advance!

read chapter 58 of the nc general statutes...closely

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Sorry to tell you this, but even when the debts fall off of your credit report, they don't actually go away. The debts are still valid. You can still get sued and hounded forever (letters, phone) on these.

The 7 years is the reporting period for your credit report only. The CRAs do not have the power to cancel debt. They just can't report it after 7 years. So, the debt is still alive.

Ok... I don't know where you live, but you're way off base for the state of North Carolina. The statute of limitations for this state is 3 years on debts. By law, they have no grounds for a lawsuit.

read chapter 58 of the nc general statutes...closely

Is this the part you were referring to?

[seems weird finding this under a chapter titled Insurance]

§ 58‑70‑115. Unconscionable means.

No collection agency shall collect or attempt to collect any debt by use of any unconscionable means. Such means include, but are not limited to, the following:

(1) Seeking or obtaining any written statement or acknowledgment in any form containing an affirmation of any debt by a consumer who has been declared bankrupt, an acknowledgment of any debt barred by the statute of limitations, or a waiver of any legal rights of the debtor without disclosing the nature and consequences of such affirmation or waiver and the fact that the consumer is not legally obligated to make such affirmation or waiver;

[seems weird finding this under a chapter titled Insurance]

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§ 58‑70‑115. Unconscionable means. ...

Seeking ... an acknowledgment of any debt barred by the statute of limitations

That's exactly right. When a CA calls you or sends you a letter requesting payment of a debt that is beyond the SOL in North Carolina, they are seeking acknowledgment of the debt, via your agreement to pay it. Plain and simple, they are not allowed to do that.

Now, this is in addition to the affirmative defense afforded to you by the Statute of Limitations. A demand for payment by a CA on a debt that is beyond SOL actually provides you with cause of action against them under Chapter 58. Of course, if you don't want to sue them, you can always file a complaint with NCDOI. They are very proactive about debt collector complaints and most likely, you'll not hear from the CA again once NCDOI contacts them.

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And also don't forget that if they actually do keep inquiring your credit report, you can nail them for non-pp pulls. Since the debt is barred by SoL, and NC law says they cannot seek acknowledgment of the debt so barred, then they have no permissible purpose to access your credit report. Each willful non-pp pull is worth at least $1000 each.

"(B) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater; "

CAs don't learn unless spanked...hard. So get out the willow branch if they live up to their threat. (The threat alone is an FDCPA violation too).

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Thanks for the clarification guys! I've had it with them and I want to sue. Otherwise, they will just continue to walk all over people if no action is ever taken against them when they commit these violations. I don’t care if it cost me a little money in the end, I would consider it a small price to pay to be a thorn in their a$$. LOL.

So, can I just go to the local magistrate's office and file a civil suit against them? Or, is there a different method I will have to go about to pursue this?

Also, when I do get in court, how do you properly reference a General Statute? For instance if I wanted to state the following GS:

§ 58 70 115. Unconscionable means.

No collection agency shall collect or attempt to collect any debt by use of any unconscionable means. Such means include, but are not limited to, the following:

(1) Seeking or obtaining any written statement or acknowledgment in any form containing an affirmation of any debt by a consumer who has been declared bankrupt, an acknowledgment of any debt barred by the statute of limitations, or a waiver of any legal rights of the debtor without disclosing the nature and consequences of such affirmation or waiver and the fact that the consumer is not legally obligated to make such affirmation or waiver;

How would I actually say it? “NC General Statute Chapter 58, Section 70, Article 115, Subsection 1”?

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And also don't forget that if they actually do keep inquiring your credit report, you can nail them for non-pp pulls. Since the debt is barred by SoL, and NC law says they cannot seek acknowledgment of the debt so barred, then they have no permissible purpose to access your credit report. Each willful non-pp pull is worth at least $1000 each.

regarding this nonpp for sol debt in nc, do we have any case law that would support this idea ?

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Original post by: cracrap

regarding this nonpp for sol debt in nc, do we have any case law that would support this idea

Methuss and I were having a debate about a CA doing a pull on a cr after losing its claim in court. This is what he came up with and I tend to agree that it makes sense:

FDCPA § 808. Unfair practices [15 USC 1692f]

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if --

(A) there is no present right to possession of the property claimed as collateral through an enforceable security interest;

"Property" in legal terms includes money. Collateral includes banking accounts or cash. So, ummm. No. It's illegal. Once a judge rules against them, the FDCPA bars further collection attempts.

In addition the FTC's lawyers have stated unequivocally that credit reports are used by debt collectors as leverage to force a consumer to pay and therefore such use constitutes continued colleciton activity under the law.

You can also argue that in hiring an attorney and defending against the action in court, that the OP has (sucessfully) disputed the debt, which would trigger liability under the FDCPA and the FCRA for false reporting if there is a tradeline....but the OP doesn't mention that aspect of the situation.

The debt in this thread being out of SOL makes it an unenforceable security interest.

I am like you, cracrap, in that I would rather have case law but I think there is some seed to plant here.

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here's the practical problem with these complex issues

when u go into court to litigate these issues, the judge will want to follow established precedence..if its too complex,and u have no caselaw to support you, it makes the defendants position that much stronger

...as the plaintiff you have the burden of proof to prove what your saying is true

the defendant will always argue against you, "but your honor, there are not any other courts that have ruled this way"

where is your preponderance of evidence other than what you say?

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Thanks for the clarification guys! I've had it with them and I want to sue. Otherwise, they will just continue to walk all over people if no action is ever taken against them when they commit these violations. I don’t care if it cost me a little money in the end, I would consider it a small price to pay to be a thorn in their a$$. LOL.

So, can I just go to the local magistrate's office and file a civil suit against them? Or, is there a different method I will have to go about to pursue this?

Also, when I do get in court, how do you properly reference a General Statute? For instance if I wanted to state the following GS:

§ 58 70 115. Unconscionable means.

No collection agency shall collect or attempt to collect any debt by use of any unconscionable means. Such means include, but are not limited to, the following:

(1) Seeking or obtaining any written statement or acknowledgment in any form containing an affirmation of any debt by a consumer who has been declared bankrupt, an acknowledgment of any debt barred by the statute of limitations, or a waiver of any legal rights of the debtor without disclosing the nature and consequences of such affirmation or waiver and the fact that the consumer is not legally obligated to make such affirmation or waiver;

How would I actually say it? “NC General Statute Chapter 58, Section 70, Article 115, Subsection 1”?

what do u mean by saying it? do u mean by writing it in the complaint or by verbalizing it?

i just say nc general statute 58-70-115(1) when i use it

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where is your preponderance of evidence other than what you say?

I do believe there is case law that states that the FDCPA is a strict liability statute.

It is a volation of the FDCPA to take, or threaten to take, any nonjudicial action to effect dispossession or disablement of property if --there is no present right to possession of the property claimed as collateral through an enforceable security interest.

What else does the plaintiff need? There is no ambiguity here.

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what do u mean by saying it? do u mean by writing it in the complaint or by verbalizing it?

i just say nc general statute 58-70-115(1) when i use it

I was wondering how you actually verbalize it. I know it starts with Chapter 58, but didn't know how to verbalize the remaining numbers properly.

it would make our case stronger if we had some other court ruling the same way that we're aruing

I agree. Being able to provide a prior court precedent would go much farther to winning than just trying to argue the interpretation in my favor.

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verbally id say 58 dash 70dash 115 one...and then quote it

Ok, thanks. I thought it would be broken down into Chapter, Section, Subsection, etc...

(wish a true lawyer would chime in on this. I've spent some time in court and I've never heard a lawyer referring to ANY law as Chapter such and such "dash" # "dash" # #. Not sure about this, but I want to be before I file the suit.

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  • 7 months later...
Good job!

I'm curious though... How did you end up verbalizing the statute? ;)

Simple. I got an attorney to represent me. Didn't have to verbalize anything.

We split the money down the middle and I didn't have to waste my time going to court, etc. I paid the $90 to file against the CA, and just sat back and let my lawyer do the work. He would email me about my case and the latest settlement offers and that was about it. I didn't really have to do anything after that. I never even actually met the guy face to face, but he's OK by me. I'd be happy to pass along my lawyers info if someone in NC wants it. He was recommended to me by someone else that had success with his services.

Now I just wish the CA would send me some more letters.... I have more toys I'd like to buy!

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