Got a visit from an old friend.....

[Gibson]

.....meaning an old debt.

I'm not going to say who it is, but its one most often mentioned on here and is usually the most ruthless.

Here is the basic history - alleged account opened in 2000. Allegedly went into default around 2001, when last payment was made. Through the years, alleged account went to NCO in 2006. NCO was DV'd and received no response.

Then account goes back to OC towards end of 2006. OC sends collection letter, I respond with DV, and OC sends copies of statements in 2001 showing nothing but late charges and interest fees - no payments made. Also sent is a copy of the initial agreement with my signature in 2000. Thats it. I do nothing.

Well, guess who gets a letter demanding the total due plus interest over the years? Damn near 4 years later since last contact, and more than 8 years since last payment was allegedly made. Pull credit and account is not on there.

Is this an attempt to bait me and reage the debt and restart the whole thing?

SOL in my state is 4 years.

[BV80]

They're probably hoping you'll be intimidated by the fact that they're the OC, and that you'll try to make payment arrangements. As long as you're sure you've made no payments in the last 4 years, send them a C&D letter.

[bunny2]

let me guess, Crap One?

[debtfreein18]

They aren't allowed to report and if they sue you'd have an affirmative defence (SOL) but nothing prevents them from trying to collect money from people (they think) owe them until the end of the universe. The only way to stop them is with a C&D, just send the following letter CCMR and be done with it.

Date

Your Name

Your Address

Collection Agency

Address

Certified Mail: ####

Re: Acct #

To Whom It May Concern:

I deny this debt is mine, furthermore this debt is beyond the statute of limitations for collection in my state through the courts.

Therefore, I am exercising my rights under the Fair Debt Collection Practices Act (15 USC section 1692c) and you are hereby directed to cease all communication with me concerning this matter, and I consider this matter closed.

Sincerely,

Abused Consumer

This not only tells them to go pound sand, but lets them know that YOU know if they try to sue you over it, you know it's SOL and you'll use that in your defence. Just keep it short and sweet.

[KentWA]

I think they are attempting to build an Account Stated action. If you do not dispute then they can attempt to go to court and say they provided you with the current amount due and you did not dispute, so it must be right. I do not think these manuvers will fly, but you never know, so always dispute.

[Gibson]

I do not think these manuvers will fly....

Do you mean the Account Stated action?