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TEXAS SOL EXPIRED, To C&D,DV or NOT, or REFUSE?


BooniesBazooker
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Longtime lurker & referer from complaintsboard, first time posting.

Just received a notification of outstanding debts. These are from early 2000s's and have been SOL for at least 3 to 5+ years. Life happened back then I settled some of'em clean out of life but some flat refused any deals. I decided first I have a family to take care of. Day & night they hounded & scared me into under the rock, I didn't know then what I know now about them. Just now resurfacing & I new my getting a CC will awake sleeping dogs but this time I'm better prepared and ready, thanx to this board.

So just got the first missive from dynamic recovery solution's (I expect about two or three others). In fact I welcome this if only to deal with them now & put them where they should belong. They allege an outstanding CC debt to an OC of $4k, with a 30 day thingy to respond & OC or current C. info will be furnished if requested. I am seeking guidance on the best/effective course of action. From reading many responses here it seems a couple of options are available, thusly

1st scenario

-C&D them CMRRR, point out expired SOL & quote thus, (saw this advice and including it here)

"in Texas, the statute of limitations for debt is four years per Civ. Prac. & Rem. §16.004(a) (3). So they are way past that point. So they cannot really sue you."

2nd scenario

-DV as follows (copied from S. Louis BliskoS.)

Here's a simple version you might try.

To Whom It May Concern,

Please be advised your letter indicating a debt is owed by me to ______ (creditor) for ______ (amount) is in dispute.

In accordance with 15 U.S.C. § 1692 – 809( B) consider this letter a formal request for proof of this debt.

I request you send the following proofs of this debt.

  • Original Signed Contract

  • Any and all statements

  • Any and all copies of checks or payments received.

  • Any and all late notices regarding this alleged debt.

  • Copy / Accounting of the charges substantiating the alleged balance.
Additionally please do not contact me via telephone at my home or any other location.

I would like all communication from this point forward done via mail

My question: To this should I add that failure to do so satisfactorily within 30 days per FDCPA the same letter serves as their C&D notice to them forthwith?

3rd scenario

from another responder here

-To just flat out refuse to pay thusly,

"I dispute this and require verification.

Your name

(if you sign it do not use your normal signature)"

I suspect they may want to chance I could be ignorant of SOL expiry and the last scenario would encourage some pursuit action on their part, I am not so sure. Of course I have no problem going all the way to prove SOL but if I can swat this now the better.

I checked my CR on 3/22 & today and there's no new activity. All CR's are clean. Last week I wrote all CRAs to get my full credit file disclosure then freeze the damn things asap. (I am afraid I should have done that first before CC application.) Two old accounts circa early 2000 are being reported by only two CRA's (one each) - one as Revolving open, Status as open, 0 balance, 0 past due payment status paid or paying as agreed. The second Revolving charge acct, Status Closed by consumer, paid satisfactorily. I don't know what to make of these perhaps you can enlighten me. Further, all the other accounts fell off after 7 years-all used to show current-but I expect sleeping dogs to be waking up, no sweat.

There's no public discharges. I suppose I never got sued. I do check the courts and there's nothing there either.

4th scenario

-I am open to other suggestions as well and/or enhancements of any of the foregoing.

I thouroughly thank everyone on here for taking the time to educate and restore sanity to minds & families messed up by abusive collectors such as mine was.

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If you don't want to hear from them again, just send a plain C & D.  No frills. 

 

If you want to see if they might violate the FDCPA, you could either send a DV or a refusal to pay.   If you elect to send a DV, simple is best.  They are not required to provide the documents requested in S Blisko's DV.  As long as your DV is timely (within 30 days of their first letter that included the 30 day notice), they can't attempt to collect unless they validate.   They may choose not to validate and close their files.  In that case, they don't have to respond to your DV.

 

A refusal to pay is the same as a C & D, but not all debt collectors know this.  They may violate by sending another collection letter.

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  • 4 weeks later...

BV 80 what happens if they choose not to validate? they can always move on to another CA and start there!!!! Thats happened to me . This is when i first received their communication and best i got is some months statements. I also went as far as filing a complaint with CFPB, only to get response back and then what!!!! Debt is validated!!!!

 

My goal is to get the tradeline removed!!!!!... what can be done for that? A) Dispute CRA's B) Debt Validation 3) CRA dispute comes back verified then MOV.

 

None of these i have found actually ever help get tradeline deleted!!!!!!..It can take forever to get a response too as they r not required to respond.

I have tried finding mistakes on balances account# or date of last payment DOLA all of them and disputed with CRA's. I believe none of that works!!!!!

 

Its an effort in FUTILITY!!! wASTE OF CMRRR money?

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@energizer

 

The cc statements they sent you is most definitely adequate validation.  If a CA/JDB chooses not to validate, they can't try to collect from you anymore.  The JDB can sell the debt to another JDB, and it starts over.  There's nothing anyone can do about that.  Even if the debt is outside the SOL, it doesn't mean they can't try to contact you in order to attempt to collect.  It just means they can't sue you unless they want an FDCPA violation thrown in their face.

 

Regarding the removal of entries on your CR, read the 623 method at the top of the page.  You want to first dispute the entries with the credit reporting agencies, then go from there.

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BV 80 what happens if they choose not to validate? they can always move on to another CA and start there!!!! Thats happened to me . This is when i first received their communication and best i got is some months statements. I also went as far as filing a complaint with CFPB, only to get response back and then what!!!! Debt is validated!!!!

 

My goal is to get the tradeline removed!!!!!... what can be done for that? A) Dispute CRA's B) Debt Validation 3) CRA dispute comes back verified then MOV.

 

None of these i have found actually ever help get tradeline deleted!!!!!!..It can take forever to get a response too as they r not required to respond.

I have tried finding mistakes on balances account# or date of last payment DOLA all of them and disputed with CRA's. I believe none of that works!!!!!

 

Its an effort in FUTILITY!!! wASTE OF CMRRR money?

A JDB refuse to violate FDCPA? Not in my experience. Just give them enough time and be as difficult to scare ans possible. Once you sue them you will get the TL removed as  a part of the settlement. You just have to be a bigger pain in the butt to them than they are trying to be to you.

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