killersiafu Posted April 18, 2012 Report Share Posted April 18, 2012 I was just contacted today by CBCS about an alleged debt of approximately $240 from August of 2005. They are claiming an unpaid power-company bill from an apartment I lived in during college. I moved around quite a bit in college so I'm not 100% sure I was actually living in that apartment at that time, but I did live at the address they provided around that time period. Since it was so long ago, I'm not sure I will be able to find any records proving whether I did or did not live in that apartment at the time or whether the power-company account was in my name at that time. (I've changed banks, email addresses, and moved several times since then).I randomly pulled my credit report last week and the debt was not present. The statute of limitations in the state of Maine is 6 years. I have drafted a validation and cease and desist letter (see below) from templates I've found online that I plan on sending to them later this week.Is this the right way to handle this situation? Should I change or add anything to the letter?Thanks for the help!Dear Debt Collector,This letter is sent in response to a phone call received on April 18, 2012 regarding an alleged debt of $238.32. According to the information given to me by your firm, the date of last activity on this account was August 3, 2005. The Statute of Limitations on this alleged debt, even should it be mine, is six years in the state of Maine.I am requesting that you provide validation of the debt in question and, under the Fair Debt Collections Practices Act (FDCPA), am invoking my right to ask you to stop contacting me unless you can provide adequate validation of the alleged debt or notification that you are ceasing collection activities.I’m sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a $1000 fine, payable to me. Link to comment Share on other sites More sharing options...
1stStep Posted April 18, 2012 Report Share Posted April 18, 2012 Send a DV letter, but not that one - it's garbage! Dear CA:I dispute the alleged debt and demand validation.Me Link to comment Share on other sites More sharing options...
Public Enemy Posted April 18, 2012 Report Share Posted April 18, 2012 Dear CA:I dispute the alleged debt and demand validation.MeThat is short, sweet and to the point.Shouldn't he include the account number? Link to comment Share on other sites More sharing options...
1stStep Posted April 18, 2012 Report Share Posted April 18, 2012 Of course...but nothing else. Link to comment Share on other sites More sharing options...
killersiafu Posted April 18, 2012 Author Report Share Posted April 18, 2012 Thanks... I'll definitely shorten it down then.What do you think the chances are that they will actually be able to produce 'proper' validation and I will have to pay? Link to comment Share on other sites More sharing options...
debtorshusband Posted April 18, 2012 Report Share Posted April 18, 2012 I would NOT send a DV letter - yet.First I would wait. Now that they have contacted you by phone, they are required by the FDCPA to send you a letter within 5 days telling you who owns the debt, how much they are demanding, and it must have the FDCPA-required Verification Statement.When you get that letter, THEN you send the DV letter. And if they don't comply with the law and send you a letter with 5 days, that may affect what course of action you decide to take.I think 1stStep was little harsh in his assessment of your DV letter. It contains some unnecessary stuff, but nothing you said is really that bad. At least you took the time to craft something yourself, instead of blindly copying from other sources. I might suggest the following, using your words and assuming you'll wait for a letter:"This letter is sent in response to a letter received on April xx, 2012 regarding an alleged debt of $238.32. I am disputing the debt and requesting that you provide validation of the debt in question as provided under the Fair Debt Collections Practices Act (FDCPA)."Regards,DH Link to comment Share on other sites More sharing options...
debtorshusband Posted April 18, 2012 Report Share Posted April 18, 2012 Thanks... I'll definitely shorten it down then.What do you think the chances are that they will actually be able to produce 'proper' validation and I will have to pay?Oh, and as for this, I think the chances you will get anything meaningful from them are slim, and if you don't, or if you are certain the SOL has expired, tell them to pound sand, you're not payin'.Regards,DH Link to comment Share on other sites More sharing options...
killersiafu Posted April 19, 2012 Author Report Share Posted April 19, 2012 Oh, and as for this, I think the chances you will get anything meaningful from them are slim, and if you don't, or if you are certain the SOL has expired, tell them to pound sand, you're not payin'.Regards,DHThanks for the advice! I'll see if anything shows up in the next week and take it from there! Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted April 19, 2012 Report Share Posted April 19, 2012 That is short, sweet and to the point.Shouldn't he include the account number?no, just send back a copy of the letter they sent you. does not even need to include an account number.But I wouldn't send them a DV letter at all. What is the point, they cannot successfully sue you and win.I'd send them a cease and desist and tell them I am not paying. Link to comment Share on other sites More sharing options...
willingtocope Posted April 19, 2012 Report Share Posted April 19, 2012 What is the point, they cannot successfully sue you and win.Actually, they can sue...and if the OP doesn't show up and raise the SOL defense and/or the judge doesn't agree, they may still get a judgement. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted April 19, 2012 Report Share Posted April 19, 2012 I know they can sue, that is why I added "and win" on to the end of my statement there! Link to comment Share on other sites More sharing options...
NeverServed Posted April 20, 2012 Report Share Posted April 20, 2012 Don't sign the dv if you do send one. Or if you do just scribble and write the date thru the scribble. So they can't copy it Link to comment Share on other sites More sharing options...
Flyingifr Posted April 20, 2012 Report Share Posted April 20, 2012 They can DV until the end of time, that doesn't bring an OOS debt back into Statute. 2005 to today is way more than ME's 6 year SOL, so your next letter is a FOAD letter. Link to comment Share on other sites More sharing options...
gochasearainbow Posted April 20, 2012 Report Share Posted April 20, 2012 I had received a letter from CBCS and I also sent them a validation letter. Then I received a letter from them stating they did not have enough information to validate and requested that I provide them with documentation. You get guess that I did not send them anything as the debt was not even mine to begin with. Link to comment Share on other sites More sharing options...
1stStep Posted April 20, 2012 Report Share Posted April 20, 2012 In my opinion, you are not under any obligation to provide them any info if they can't validate...I even think it's an FDCPA. Link to comment Share on other sites More sharing options...
Flyingifr Posted April 22, 2012 Report Share Posted April 22, 2012 I had received a letter from CBCS and I also sent them a validation letter. Then I received a letter from them stating they did not have enough information to validate and requested that I provide them with documentation. You get guess that I did not send them anything as the debt was not even mine to begin with."You can't validate the debt but you expect me to pay it anyway? FOAD" Link to comment Share on other sites More sharing options...
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