iwillsurvive2012 Posted March 19, 2012 Report Share Posted March 19, 2012 I have been sending DV letters probably every 8 months or so to Plaza Associates since they continue to send collection letters. The debt is SOL - I cannot quite remember the date of last payment but it was in 2003. Today I received there attempt at validation (they have sent this before)- an old statement dated Oct 2003. Do I legally need to send them another letter- they never actually proved validation and I seem to recall that a statement is not a valid attempt. Is there any way to prevent Plaza from continuing to collect on this? Also, it is not on my CR. Thanks for any help! Link to comment Share on other sites More sharing options...
BV80 Posted March 19, 2012 Report Share Posted March 19, 2012 I have been sending DV letters probably every 8 months or so to Plaza Associates since they continue to send collection letters. The debt is SOL - I cannot quite remember the date of last payment but it was in 2003. Today I received there attempt at validation (they have sent this before)- an old statement dated Oct 2003. Do I legally need to send them another letter- they never actually proved validation and I seem to recall that a statement is not a valid attempt. Is there any way to prevent Plaza from continuing to collect on this? Also, it is not on my CR. Thanks for any help!All that's required for validation is the name of the OC and the amount. Therefore, they validated. Send them a cease and desist letter (C&D). Tell them to never contact you again. You don't owe them an explanation. They know it's outside the SOL. Link to comment Share on other sites More sharing options...
iwillsurvive2012 Posted March 19, 2012 Author Report Share Posted March 19, 2012 I thought they had to reply to the litany of things listed in the DV..what about them bringing a suit against me- that can happen at any point correct? I have no way of preventing that - I would just have to go to court and cite SOL?? So you are saying I literally just send a "don't ever contact me again- you know why letter"? I would love to stop getting their biannual love letters! Link to comment Share on other sites More sharing options...
BV80 Posted March 19, 2012 Report Share Posted March 19, 2012 I thought they had to reply to the litany of things listed in the DV..what about them bringing a suit against me- that can happen at any point correct? I have no way of preventing that - I would just have to go to court and cite SOL?? So you are saying I literally just send a "don't ever contact me again- you know why letter"? I would love to stop getting their biannual love letters! According to the FDCPA, all that's needed for validation is the name of the OC and amount. All the other things that some suggest to request are not required by law. However, you would request those extras if sued. If it would make you feel better, you could make your C&D a little more detailed.I dispute the alleged account. If the account did exist, it is outside the statute of limitations for collection. Don't ever contact me again. (If you want to include the NY statute, do so) Be sure to send your letter by certified mail, return receipt requested (CMRRR).When they receive your letter, they can only contact you one more time to state they're either closing the files or taking legal action. If you're positive the debt is outside the SOL, they'd be stupid to file suit. It would be a waste of their time and money.If they attempt to collect after receiving your C&D, you can sue them, if you choose. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 19, 2012 Report Share Posted March 19, 2012 The biggest misconception about DV letters is the creditor has to provide you what you ask for. It's just not true and federal courts have said so. BV80 is correct on the DV issue and the C&D issue. Personally, and some other sick friends I know on this board, would look at being hounded for a debt past the statute of limitations as an early Christmas present. Link to comment Share on other sites More sharing options...
usagi555 Posted March 19, 2012 Report Share Posted March 19, 2012 The biggest misconception about DV letters is the creditor has to provide you what you ask for. It's just not true and federal courts have said so. BV80 is correct on the DV issue and the C&D issue. Personally, and some other sick friends I know on this board, would look at being hounded for a debt past the statute of limitations as an early Christmas present.You aren't implying that some of us would try to get on Webrecon's new litigant hotsheet are you? Link to comment Share on other sites More sharing options...
BV80 Posted March 19, 2012 Report Share Posted March 19, 2012 Personally, and some other sick friends I know on this board, would look at being hounded for a debt past the statute of limitations as an early Christmas present. I wish it was a violation to attempt collection on a debt that's outside the SOL, but I don't believe it is. Also, I'm not sure a court would consider a sending letters a couple of time a year as hounding. Sick friends? Nah...you guys aren't sick. You just have some extra cajones. Link to comment Share on other sites More sharing options...
1stStep Posted March 19, 2012 Report Share Posted March 19, 2012 We're not sick...we sadistic! We love torturing CAs and JDBs... Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 20, 2012 Report Share Posted March 20, 2012 but I don't believe it is.It's not. But the odds it will turn into a violation are pretty darn good. Generally speaking, you are not going to get a violation out of them if they comply with a C&D. I guess I should have said a C&D takes away the opportunity and the very high probability of a violation. A collector sending letters and making phone calls on an out of statute debt, to a few people I know, is about as sure of a iron glad guarantee for a violation and an invitation to the nearest federal courthouse there is. Link to comment Share on other sites More sharing options...
RockDaddy Posted March 22, 2012 Report Share Posted March 22, 2012 Personally, and some other sick friends I know on this board, would look at being hounded for a debt past the statute of limitations as an early Christmas present.There is a thin line between genius and insanity.... - Oscar LevantI know which side of the line I'm on.... I think... Link to comment Share on other sites More sharing options...
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