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Metris???


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Received a collection letter from A collection attorney stating the original creditor is Metris and the current creditor is CACH, Inc. Neither of whom I have ever dealt with. I sent a DV letter back. My question is, I have been researching Metris and this is a company purchased by HSBC Nevada on 12/1/2005, wouldn't that mean the statue of limitations is already passed on this since this is 7 years later ( 5 years in the state of Iowa).

Even thought this debt isn't mine, I think, doesn't that constitute fraud according to the FDCPA rules, under False and Misleading statements? Because obviously this atty has to be fully aware of the statue of limitations since he practices in this state.

Has anyone dealt with Rogers Law out of Omaha or Metris??

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Received a collection letter from A collection attorney stating the original creditor is Metris and the current creditor is CACH, Inc. Neither of whom I have ever dealt with. I sent a DV letter back. My question is, I have been researching Metris and this is a company purchased by HSBC Nevada on 12/1/2005, wouldn't that mean the statue of limitations is already passed on this since this is 7 years later ( 5 years in the state of Iowa).

Even thought this debt isn't mine, I think, doesn't that constitute fraud according to the FDCPA rules, under False and Misleading statements? Because obviously this atty has to be fully aware of the statue of limitations since he practices in this state.

Has anyone dealt with Rogers Law out of Omaha or Metris??

If the attorney is a debt collection attorney, he's bound by the FDCPA. It also would depend upon what was stated in the letter. If a debt collection attorney threatens to sue on a time-barred debt, he's committed a violation.

If he did not threaten to sue, that's different. Collection agencies and junk debt buyers (Cach) can attempt to collect on a time-barred debt as long as they stay within the perimeters of the FDCPA.

If you choose, send a debt validation letter. Nothing fancy.

Your Name

Address

City, State

Attorney

Address

City, State

Account number (any account numbers give in the letter)

To Whom It May Concern:

I dispute the above referenced account. Please validate.

SourDoughNative

OR if you don't want to fool with it, send a C&D.

Is anything related to the account being reported your credit report?

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If the attorney is a debt collection attorney, he's bound by the FDCPA. It also would depend upon what was stated in the letter. If a debt collection attorney threatens to sue on a time-barred debt, he's committed a violation.

If he did not threaten to sue, that's different. Collection agencies and junk debt buyers (Cach) can attempt to collect on a time-barred debt as long as they stay within the perimeters of the FDCPA.

If you choose, send a debt validation letter. Nothing fancy.

Your Name

Address

City, State

Attorney

Address

City, State

Account number (any account numbers give in the letter)

To Whom It May Concern:

I dispute the above referenced account. Please validate.

SourDoughNative

OR if you don't want to fool with it, send a C&D.

Is anything related to the account being reported your credit report?

I would argue that sending a letter on law firm letterhead about a time barred debt is a violation all by itself. The least sophisticated consumer is going to see Douche & Bag, Attorneys At Law on the letter and think they could get sued. It's false and misleading all by itself. OP needs to find out for sure if the debt is time barred.

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Amazing how that 29% interest can add up. Post the complaint when they sue you. In the mean time, make sure you don't own anything they can take. Look into wage garnishment laws for your state.

Yeah, see what a 29% APR compounded daily on a $0.01 debt comes out to after 4 years with a $20.00 late charge every 30 days. It's not pretty. In fact, it's about $1800.

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I own a house, 2 cars, 2 kids, a husband and a dog. Man.....which would you get rid of first???

The husband, he probably eats too much. Keep the dog. Kids are optional. It is inevitable that they will sue you. Seek legal counsel as to how to make yourself judgment proof. The sooner the better, if you do this after they sue you there will be a fraudulent conveyance issue. You still need to unravel this for us, we are not psychics.

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I own a house, 2 cars, 2 kids, a husband and a dog. Man.....which would you get rid of first???

The husband, he probably eats too much. Keep the dog. Kids are optional. It is inevitable that they will sue you. Seek legal counsel as to how to make yourself judgment proof. The sooner the better, if you do this after they sue you there will be a fraudulent conveyance issue. You still need to unravel this for us, we are not psychics.

I have a feeling they are inline with all the other JDB's. If this is in fact a CC debt, they will need to show proof of assignment as well. I did send them a DV letter so I'm curious how they'll respond. If it's like the atty for HSBC, I may be able to get another Dismissal. Fingers crossed.

Oh and the DH is the major wage earner, takes less to maintain than two teenage girls, I'd dump the house, it's 80k underwater anyway. ;)

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