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Best way to tackle this?


mathis9394
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Good Morning!

I recently received in the mail a dunning letter from a CA (First National Collection Bureau) asking for payment on an old Lane Bryant account. While I am having trouble obtaining a new CR, my old one states that this account is way out of SOL and was supposed to be removed from the CR on 8/08. My question is would a FOAD letter be more appropriate than a DV? My concern is that they may have reaged this account, but until I can get my hands on a new CR I have no way of knowing this. If anyone has some quick advice I would love to hear it! Thanks so much in advance and have a great weekend!

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If you sure its out of statue, I would get aggressive in Wisconsin!!!!

We have a staute of repose, you can sue them for suing for an out of staute debt.

I'd say something like:

"This claim is out of SOL. It is illegal for you to collect this debt in Wisconsin."

You may avoid the lawsuit I'm going to file over your illegal collection activity by doing ALL of the following:

1.) Terminating the claim involved.

2.) Immediately cleaning up all derogatory entries associated with this claim on my credit reports.

3.) Produce your debt collection license number in WI, so that I may file a complaint about your activity.

&

4.) a check for $500.

Failure to do any of these things will force me to file immediate suit!

Sincerely,

Victimized consumer.

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Good Morning!

I recently received in the mail a dunning letter from a CA (First National Collection Bureau) asking for payment on an old Lane Bryant account. While I am having trouble obtaining a new CR, my old one states that this account is way out of SOL and was supposed to be removed from the CR on 8/08. My question is would a FOAD letter be more appropriate than a DV? My concern is that they may have reaged this account, but until I can get my hands on a new CR I have no way of knowing this. If anyone has some quick advice I would love to hear it! Thanks so much in advance and have a great weekend!

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unless you can get a current CR i would Not send a ITS per trueq s post, it very well may be off your CR. a CA may ask you to pay ,but they can not sue you for a SOL debt. you might get dunning letters for the next 50 years..

go ahead and DV, to protect your rights , then feel free to send a FOAD letter

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Agree with trueQ above....

In WI they cant legally do this to you.

op stated that they dont have a current report, a ITS is rather to premature.

a Dv should be 1st,, a sol does Not mean they cant try to collect. just means cant sue to collect.. now when they start violating , and they prob will go get em and get em hard..

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op stated that they dont have a current report, a ITS is rather to premature.

a Dv should be 1st,, a sol does Not mean they cant try to collect. just means cant sue to collect.. now when they start violating , and they prob will go get em and get em hard..

Yes I believe it does. WI and if memory serves correct MS, these two are states of repose, meaning the debt goes away and is not legally collectable.

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It is true that they can contact you to collect, but if you send my suggested letter, (and a good DV letter), you can tee it up for the lawsuit if they keep trying to collect the claim.

427.104 Prohibited practices. (1) In attempting to collect

an alleged debt arising from a consumer credit transaction or other

consumer transaction, including a transaction primarily for an

agricultural purpose, where there is an agreement to defer payment,

a debt collector may not:

(h) Engage in other conduct which can reasonably be expected

to threaten or harass the customer or a person related to the customer;

(j) Claim, or attempt or threaten to enforce a right with knowledge

or reason to know that the right does not exist;

Sub (H) and (j) are my favorites!!!!!! Sending my suggestion "tees up" any further activity, SHORT OF MEETING YOUR DEMANDS, for a cause of action state law recovery.

Cbairey is correct in the technical sense. However, sending my letter, will shut them down (in terms of bothering you), get you paid, OR BOTH!

Doing nothing here is the worst choice.

Tee up the cockroach, use the big dog, and drive the cockroach 350 yards into the woodchipper!

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