ZOMBIE Debt & JDB Question - Need Help Please.

[incognito]

I had a past debt from 2000 that is out of SOL and all entries on my Credit Report by OC or Collection Agency has been removed. Just got a letter from a Junk Debt Buyer, who is stating that they bought my debt from some collection agency and want me to pay or dispute in 30 days.

My question here is .......

Do I send a DV letter first and see what they come back with?

I also read on this site about FAOD letter, is this right for me?

Also do I have any recourse if this JDB pulls my credit report multiple times and impacts my score? Keep in mind that OC or Collection agency that reported on my Credit Report have been long gone.

Thanks you for any guidance here.

Cog

Edited January 20, 2010 by incognito

[BrokeBob]

It's a FOAD letter. As in: F*** Off And Die. It's a type of C&D (Cease and Desist) letter. In a C&D letter, you demand they cease and desist from futher communication. At that point, they have 2 options: leave you alone, or sue. They have the right to contact you one more time to tell you which option they are pursuing. Usually they don't contact you.

What should you put in such a letter?

Something along the lines of:

"This alleged debt is past the statute of limitations. I demand you cease and desist from all further communication on this matter. If there is any attempt at further collection, including litigation, I will sue for violations of the FDCPA, FCRA and any other applicable law. "

You can fine tune it to your situation and your state's laws. Some prefer to be nice, others prefer to be nasty.

[1time2many]

If it is without a doubt SOL, why play nice........FOAD notice should be as harsh as you can get8-)........who knows they just might want to pay you, because you made them mad.

[incognito]

First Thank You to Broke Bob & 1time2many for replying.

Update.

I got the first JDB notice notifying that they purchased the debt from some no name collection ageny on 1/2/2010 and allowed me 30 days to dispute this debt. I sent them a Debt Validation letter on 1/10/2010 and on 1/15/2010 I found a Collection Letter in mail. Based on what I read here I am thinking that I let them reply to my DV and if they respond I can counter that with FOAD letter.

The concern here is ....

1. Can they sue me? shouldn't we be scared here?

2. Can they put this as a negative line item on my credit report? (keep in mind they are a JDB and this debt is 3 years outside the SOL and no longer shows up on my Credit Report)

3. This JDB has pulled my credit report couple of times now as a inquiry and caused me to lose points on my Credit Score. Is this legal? because I never authorized this JDB to pull my credit reports?

Thanks,

Cog

Edited January 20, 2010 by incognito

[GH0104]

If you're feeling naughty, have donned your steel-lined underwear and are hunkered down in your legal bunker, you can send them this:

Dear Sir or Madam,

I dispute this alleged debt in it entirety and demand verification.

I am hereby starting a list of all buyers of this alleged debt against me. Your name will be first added to the above list and it will be passed on to whatever subsequent company/companies imprudent enough to waste money on random, charged-off “sloppy seconds” to try and coerce somebody into paying. You people have the nerve to refer to consumers as “deadbeats”? That description pales in comparison to someone who represents something as valuable when in fact they know it is worthless and fraudulently attempts to convince people otherwise.

I’ve foolishly spent years trying to make an honest living – I should have just made a profession of stealing newspapers from vacationing neighbors’ driveways and sold said items the next block over for 2 ½ times their original value. Months or even years later, to boot - when the papers in my hand are a used-up wad of “old news” garbage like yours.

It has been my experience most junk debt collectors either lack the education to comprehend the nature of an intelligently written statement (if you stayed in school like Mommy told you to, you’d have not only actually qualified for credit yourself, but you’d have also experienced what it feels like to try to pay bills after losing a REAL JOB) or wield a misguided idea of bona-fide proprietorship of some crumpled, much used receipt unceremoniously dug out of a real creditor’s trash bin (No, Jim-Bob, “finders-keepers” is not an actual LAW); for that reason, allow me to make the vein of this letter crystal clear for you: GET PERMANENTLY LOST.

Or, in the statutorily correct manner/phrasing: unless your next contact is to provide me with the requested LEGAL & PROPER verification of this alleged debt, cease & desist communication immediately.

Congratulations on your purchase of toilet paper. Feel free to pop it on the company office bathroom roll and use it!

Best Regards,

Incognito

[1time2many]

First Thank You to Broke Bob & 1time2many for replying.

Update.

I got the first JDB notice notifying that they purchased the debt from some no name collection ageny on 1/2/2010 and allowed me 30 days to dispute this debt. I sent them a Debt Validation letter on 1/10/2010 and on 1/15/2010 I found a Collection Letter in mail. Based on what I read here I am thinking that I let them reply to my DV and if they respond I can counter that with FOAD letter.

The concern here is ....

1. Can they sue me? shouldn't we be scared here?

Sure they can, can they win, hell no. Can you sue them? yes you can....let them choke on their own noose, you just need to dangle it, if you wanna play a game.

2. Can they put this as a negative line item on my credit report? (keep in mind they are a JDB and this debt is 3 years outside the SOL and no longer shows up on my Credit Report)

Yup they can, but they may pay you for the honor...remember the noose.

3. This JDB has pulled my credit report couple of times now as a inquiry and caused me to lose points on my Credit Score. Is this legal? because I never authorized this JDB to pull my credit reports?

If it is SOL I am not sure that this was a permissible purpose, I will defer that to the more knowlegeable.. you should do more research on that to see what your state laws may add to the fed laws.

Thanks,

Cog

Here you have a turkey chasing a cyote.......make the turkey pay you some of the JDB fundage.......have a lil fun and play the game, then get paid.

[incognito]

Here you have a turkey chasing a cyote.......make the turkey pay you some of the JDB fundage.......have a lil fun and play the game, then get paid.

Get paid? really how? teach me MASTER

[Flyingifr]

Get paid? really how? teach me MASTER

Pay a visit to the Credit Terrorist Training Camp, a/k/a Litigation Central. Consult the Dallas Observer for a roadmap.

[incognito]

Pay a visit to the Credit Terrorist Training Camp, a/k/a Litigation Central. Consult the Dallas Observer for a roadmap.

Will be glad to check out but what is

CT Training Camp aka Litigation Central?

Dallas Observer?

Is this a forum, thread or search this site for the key words?

Thanks,

[merrybucks]

Is this a forum, thread or search this site for the key words?

It's not any of these. Flyingifr has his own debtor board. His site encourages people to aggressivly go after JDBs on OCs.

[incognito]

I found the article he was referring ....

http://www.dallasobserver.com/2010-01-21/news/better-off-deadbeat-craig-cunningham-has-a-simple-solution-for-getting-bill-collectors-off-his-back-he-sues-them/1

[justincase]

Just send them a simple C&D (FOAD Version) as previously posted. They can't report on credit file nor do they have any legal recourse. Case closed

Edited January 24, 2010 by justincase

[incognito]

Just send them a simple C&D (FOAD Version) as previously posted. They can't report on credit file nor do they have any legal recourse. Case closed

nice handle (Just-In-Case)

This JDB pulled my credit report that is showing up as a new Inquiry. Is this a violation as I did not authorize them? or are they covered under the law to pull my credit report since they bought the debt though its outside the SOL etc.

[justincase]

Did they do a hard or soft pull? If they did a soft pull, don't worry that doesn't affect your score, but if they did a hard pull then they must have a permissible purpose to do so.