Jump to content

Just contacted about ~7 yo debt


killersiafu
 Share

Recommended Posts

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

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

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

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

Thanks 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

Guest usctrojanalum
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

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

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

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.