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Dunned at my parents' house, SOL expired. How to proceed?


McSpam
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Hi,

 

My parents got a letter addressed to me from NCO Financial. It's a 30-day notice to dispute a credit card debt they're collecting.

 

The last payment on the debt was 6.5 years ago, and I have lived in the same state that entire time. My state is a six-year statute of limitations state, and so is my parents'. But the fact is I haven't lived at their house for over ten years.

 

My mom, God bless her, opened the letter without consulting me. So it's too late for them to return it to sender. Now I want to send NCO a letter telling them that I'm a Washington resident and have been for over six years, and that the SOL here is six years. My questions at this point:

  1. Is that what I should do?
     
  2. Do I send it in a validation request, or a C&D? As of now, I've drafted a C&D with a polite FDCPA threat.
     
  3. If I send a validation request, I obviously have to give them my current mailing address, so they can respond to it. But if I send a C&D, need I bother giving one? You obviously don't give your address to a CA if you don't have to. On the other hand, it would be a huge problem for me if NCO ignored the SOL, or if someone posted a bogus payment on my behalf to toll the debt, and they ended up serving lawsuit papers at my parents' house thousands of miles away. If that has to happen, I'd rather divert them to me here.

Thanks.

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Never avoid a dunning letter, even if it's sent to the wrong address. If you do, you will get sewer service and a default judgment that will be hard to over turn. Be thankful she opened it. But, advise her to NEVER pay it or pay on the debt as it WILL restart the SOL.

They may try to call them and use scare tactics to make them pay it for you, such as your going to jail, or to keep you from being arrested they need to pay it.

Get the address, send them your correct address so that if in the future they do get sewer service on you using another address it will be easier to over turn it. Send them a simple C&D letter giving them your address and a refusal to pay, that the alleged debt is way past SOL. Tell them too, that they are not to call you at any number as it is inconvenient and to only contact you via usps. Have a long talk with your parents, grandparents and others that they may try to contact to not pay anything on your behalf.

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Dear NCO:

 

I just recieved your letter dated XX/XX/XX. For your records you may contact me by mail only at:

 

<give your current mailing address>

 

Please note that any abd all telephone calls are inconvenient.

 

As far as your claim is concerned, you can stuff the claim up your derrierre before I will pay it. Validate it.

 

Sincerely,

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Do the DV first (using your current address).  Pull your 3 CRs and see if they put anything on there.  Tell your parents to just send all the stuff they got/get about it to you so they do not have it any more.  Tell them if they get calls about the debt or from NCO, to just say "goodbye" without conversing, and hang up.

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By sending a DV you are validating the fact they now own it more or less as they claim. That said, your setting the up for violations under the FDCPA so that you can make a thousand bucks for it. So, you can DV first if you like, or as Flying said you just refuse to pay it. Under the law that is another way to C&D which some of the more stupid JDB's don't realize and you still get a violation. Other wise, if you don't want to fool with them, remind them it's past SOL and to go away....lol.

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