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New tactic by CA's?


mom939409
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Hello!

Received a call today from my sister who lives in Florida..seems she got a piece of mail addressed to me stating it was from RJM regarding a 5 year old Target credit card bill. Now I have received those same letters here at my address in WI for the past two years and now they do this? I have never put my sister's address down for anything and also RJM addressed it with my maiden and married name which I only use on facebook. I checked my facebook account and its secure as can be so I am not sure how or why they would send this to my sister unless they skiptraced and mailed it out to embarass me, so my question would be is there any recourse for this or should I just not do anything? Thanks so much in advance!

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Chances are they are skiptracing...if they knowingly sent mail to another an address which you never lived, I'd think there's a nice FDCPA violation there.

I'm not sure about that. If the envelope gave no indication that the contents were related to debt collection, there's no unauthorized notification.

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That's what I don't understand...They have sent the same paperwork to my address where I live now and have been for two years and my sister just moved into her apt 7 months ago and I have never even lived in that area and I haven't used my maiden name in 22 years..kind of po'd and amused at the same time...now I just wonder if they will be sending it to other family members who I haven't seen in decades..seems they will stoop as low as they possibly can.

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RJM is like a bad sore that keeps on popping up. They like to come after old debt that is SOL and try to treating you. I've found a good DV letter with a little extra about a possible ITS if they continue on an SOL debt that I would see them in court. They would die out for a few years then pop up again.

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I actually have had to deal with RJM on an SoL debt, for me it seemed pretty easy. I just send them a DV letter since the debt was pass the SoL for CA and about 30 days later it was off my report. Like most CAs they want the easy prey not the ones that will fight back.

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That is RJM's business model. They buy SOL debt and then attempt to lure you into making a payment.

If I were to turn to the dark side, this is the business model I would go after. I would lure the easy prey by offering a $10 a month payment plan for the first 180 days and "consider additional discounts based on consistency of payment". Then I'd flip the accounts for more than I paid for them.

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If I were to turn to the dark side, this is the business model I would go after. I would lure the easy prey by offering a $10 a month payment plan for the first 180 days and "consider additional discounts based on consistency of payment". Then I'd flip the accounts for more than I paid for them.

It's so easy...I found a couple of sites that sell out of statute debt...most of it is CCs and payday loans.

There's a listing w/ $1 million in CC debt - can be yours for $1,200.00. That about 1.2 cents on the dollar.

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You live in WI, where the SOL is 6 years...but...WI also has a statue of repose...which means real soon now the debt is completely uncollectable, and, I'm pretty sure its unreportable. In fact, I think its against WI law for them to even try to collect.

Depending on the exact dates, you might have a super FDCPA / FCRA lawsuit against them.

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The law is fairly clear here. If your sister knows it is about a Target credit card debt that is five years old, how does she know this? Item 5 is clearly violated if the letter is addressed to your sister. However, you state the letter is addressed to you, using your married and maiden name.

In that case the CA can simply explain to the court that they were doing a skiptrace and this was an "honest" mistake since you haven't responded to them at your Wisconsin address. Since that is within the realm of belief, the court would likely let that slide.

You have two options:

You could send a CMRRR letter to the CA verifying your address. You could also include a C&D with the letter. This would confirm your location, stop all calls and letters to you, or anyone else.

The plus side of this is if they continue to call your sister, send mail to aunt Edna, etc., you have them trapped. You have already sent them a CMRRR letter confirming your place of address. Their continued contact of third parties is harassment. However, because this debt is still actionable under Wisconsin law they could just sue you in court.

I think I would rather not respond to this letter, nor create any contact with RJM. Sit on the sidelines for the year left on the SOL. Once it passes and the debt is no longer actionable, do the above suggestion. Verifying your location will end their fishing third parties and your C&D on zombie debt will effectively be a FOAD letter.

ยง 804. Acquisition of location information [15 USC 1692b]

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --

(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

(2) not state that such consumer owes any debt;

(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;

(4) not communicate by post card;

(5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and

(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to the communication from the debt collector.

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