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Editing please for A new CA, FOAD letter for a time barred account


DonqIII
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I finally received a dunning from a new (to me) CA announcing that an account was sold to someone I had never heard of.

 

After a few troubling land line calls and messages they finally sent it in writing.

 

As this is months past the SOL count I am sending them a letter in place of a DV.

 

Please edit the following and tell me what I should take out, or add to make my point.

 

 

date
 
CA
 address

address

File Number 1234567
Lot Number  1234567 ( same as file number)
 
To Whom it may concern:
 
This letter is in response to your  letter dated 10-23-2013 , post marked 10-25-2013, and received on 10-29-2013,  regarding the above stated account number.
 
Be advised that this IS a refusal to pay, and a notice that your claim is disputed.
 

I have checked with my State's Attorney General and verified that the Statute of Limitations for this type of debt in XX has expired. 

 
This letter is to save us a great deal of time by telling you this alleged debt is out of the statute of limitations in the ( my state)  . Please cease all communication at this time other then to inform me you are stopping your collection efforts.. I consider this matter closed from this point forward.

Any other communication regarding this debt will be taken as a violation of the Fair Debt Collection Practices Act

Please advise the current owner of this alleged account  that they are not to sell, transfer, assign, or share any information about me or this alleged debt with anyone else including the credit reporting agencies.
 
Also, please be advised that any calls to my telephone, my cell phone, or any other telephone or cell phone belonging to anyone else are inconvenient, and if permission has been granted to call any number, it is hereby revoked.
 
Sincerely,
 
Me
signature deliberately withheld
 
Address

Address 

 

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@DonqIII

 

I would simply tell them either to cease and desist or that you refuse to pay.  One or the other.  Anything else is unnecessary fluff.   When you tell them to C&D or that you refuse to pay, it's unnecessary to tell them not to call you.  Now, if you want to revoke permission per the TCPA, then revoke permission.

 

It's not your job to tell them the debt is outside the SOL.

 

Also, just because the debt is outside the SOL for collection doesn't mean they can't sell the debt or report it to the CRAs. 

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Please advise the current owner of this alleged account  that they are not to sell, transfer, assign, or share any information about me or this alleged debt with anyone else including the credit reporting agencies.

 

You can put this in but legally they can ignore it.  If they own the debt it is theirs to do with as they please including selling, assigning, or reporting it to CRAs up to 7 years 6 months past the date of first default.  

 

Reporting the debt would NOT be a FCRA violation or a FCDPA violation.  Even if you dispute it.

 

Also, please be advised that any calls to my telephone, my cell phone, or any other telephone or cell phone belonging to anyone else are inconvenient, and if permission has been granted to call any number, it is hereby revoked.

 

Add:  ALL communication regarding this matter is to be in writing.  

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Thank you all.

 

I restated it and any further input is appreciated.

 

BV80, I know it still will have more fluff then you would use but I did weed it down.

 

This CA had called my landline and my mom's leaving a message that I was to call

to verify address for a legal paper to be sent. Message was twice on my machine.

(Starting early Oct.)

 

I verified address and they wanted me to verify last 4 of social. I would not so they

called both my line and my mom's again... as I was getting her ready to go to

the hospital. I verified the last four and 5 days later  they dated the dunning with the

notice they are collecting for the new owner.

 

No threat of anything just collecting notice....

 

My new one is.............................

 

date
 
CA
 address

address

File Number 1234567
Lot Number  1234567 ( same as file number)
 
To Whom it may concern,
 
This letter is in response to your  letter dated 10-23-2013 , post marked 10-25-2013, and received on 10-29-2013,  regarding the above stated account number.
 
I do not believe this is my debt, therefore
be advised  this IS a refusal to pay, and a notice that your claim is disputed.

 

I have checked with my State's Attorney General and verified that the Statute of Limitations for this type of debt in XX has expired. 
 
This letter is to save us a great deal of time by telling you this alleged debt, if it were mine,  is out of the statute of limitations in the ( my state)  . Please cease all communication at this time other then to inform me you are stopping your collection efforts.. I consider this matter closed from this point forward.

Also, please be advised that any calls to my telephone, my cell phone, or any other telephone or cell phone belonging to anyone else are inconvenient, and if permission has been granted to call any number, it is hereby revoked.
 
Any communication is to be in writing only.
 
Sincerely,
 
Me
signature deliberately withheld
 
Address

Address 

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Just know that your mother would have to send her own letter.  Even though you said "anyone else" in your letter you cannot opt out for others only for their communication with you.

That will not happen.

 

For a multitude of reasons.

 

But my number is the number that has always been associated with me. (For at least 25 years)

 

We live in the same house and there are two phone lines.

 

She uses the one, and I use the other.

 

They are all together under one bundled package including TV, Computer and 1 of the 2 cells. (For the past 2 years.)

 

Being that they are both under one bundled package, I have every right to opt out of receiving calls on

either number because they have no idea who the phone bills are being paid by.

 

But, aside from this if I had given only one number to any alleged account over the years I should be able to instruct anyone in the world to not try to contact me on any other phone.

 

This is a basic privacy issue. And while their are guidlines in place for what any collector can say to a different phone line or person

we all know they know exactly how to word it so people know what is going on. Even the least sophisticated consumer knows.

 

The message on "my" machine... twice... stated that they were trying to verify an address for me for the purpose of mailing a legal paper. (I could only hope it would be a check from Publishers Clearing House)

 

Then they called the other line... the one my mom uses but she answered and was told they were wanting to verify my address and was put on hold. Then it got disconnected.

 

It was at that point I decided to call them and tell them to put it in writing... and I did.

 

I did verify my address and they said they would tell me what it was about IF I verified the last 4 of my social.

 

I refused and kept repeating only by mail.

 

They never said they were a debt collector.

 

More then a week later nothing by mail but my moms phone rang, as we were going into the car to get her

to the hospital. I answered and it was a recorded message stating to call a number to verify my address.

 

Then my phone rang later in the day ( I was at the hospital) but there was no message left.

 

 So, I called them again and said I verified my address already and they have not mailed it yet.

 

He told me that he would tell me what it was all about if I would only verify the last four which he said and then I verified.

 

He told me and  I would not talk... just kept the old send it in writing going,

 

There was no verbal mini miranda.... it was barely suggested.

 

Then I get the dunning, dated 5 days after that with the notice that the account was sold.

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I never verify anything by telephone ... not last four ... not address ... not even my name.  If they say "we just want to know if we are calling the right number" then I say "if you have not verified the number is right, you should not even call in the first place".

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@DonqIII - why not write a letter for your mom and send it? You can give your address as the return address

I could do that and her address is my address so no problem there.

 

I just will not use her name because if they get cute and decide to write to her.. violation or not... she would get the mail

as she makes sure to sort it .

 

So I will just let that part ride.

 

Thanks for the idea though....

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@DonqIII

 

What do you mean you won't use her name?   There must be a name associated with a cell phone in order to revoke consent.

This is not cell phone.

 

Both of the phone lines associated with the C/A calling are landlines.

 

Both of the phonelines are under on account with myself using the one line for my use and my mom using the otherline for

her use.

 

The C/A called both of the landlines.

 

There were messages left on my machine on the line that I use.

 

The line that I use is the only number every associated with any of my accounts.

 

How they got her number is beyond me but I can write a separate letter stating that they are

to cease calling that 2nd number, but I will not use her name in reference to that number.

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I realize that you are trying to protect an elderly parent with medical problems from any additional stress but the point is from a LEGAL standpoint if you are not her guardian or have a POA for her affairs you cannot opt out of this contact FOR her.  The CA can ignore your statement to not contact "others" and it would not be a violation of the FCDPA.

 

Your motives are noble but the CA is free to ignore the statement and they would not be breaking the law.  

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I realize that you are trying to protect an elderly parent with medical problems from any additional stress but the point is from a LEGAL standpoint if you are not her guardian or have a POA for her affairs you cannot opt out of this contact FOR her.  The CA can ignore your statement to not contact "others" and it would not be a violation of the FCDPA.

 

Your motives are noble but the CA is free to ignore the statement and they would not be breaking the law.  

You are wrong.... I have total power of attorney for her.

 

Drawn up but an attorney and is in every doctor's office and bank, and with anyone who needs to know I have this.

It was done when we did our wills and living wills.

 

What this C/A does not know is that this 2nd number may very well be mine also....

One used for home and one for business?

 

Or possibly a line run in for my minor aged children.

 

It makes no sense if I were to say

 

Any prior or implied express consent is hereby revoked to any number. That should mean no matter who

owns a number.

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What this C/A does not know is that this 2nd number may very well be mine also....

One used for home and one for business?

 

It makes no sense if I were to say

 

Any prior or implied express consent is hereby revoked to any number. That should mean no matter who

owns a number.

 

The CA is NOT required to assume that a different number also belongs to you.  They are not even required to verify what address is connected to the number before calling it.

 

The problem with your "revoking consent to any number" is that you do not own EVERY phone number in existence.  If you do not own the number you cannot revoke consent to it.  ONLY the person who does can do that.  They can legally skip trace you with friends, neighbors, colleagues, employers, ministers etc. as long as they do not reveal that it is for a debt and you cannot revoke consent for them to call someone else.  

 

You are wrong.... I have total power of attorney for her.

 

Drawn up but an attorney and is in every doctor's office and bank, and with anyone who needs to know I have this.

It was done when we did our wills and living wills.

 

The information you get is only as good as what you supply.  If you have that power of attorney then send the letter as the POA on her behalf and specifically state due to your status in handling her legal affairs NO contact at all written or phone is to be made to her.  

 

That does not change that if you did not have this advantage you could not opt out for her because of the different phone number which is considered her line even if it is in your physical home.

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The CA is NOT required to assume that a different number also belongs to you.  They are not even required to verify what address is connected to the number before calling it.

 

The problem with your "revoking consent to any number" is that you do not own EVERY phone number in existence.  If you do not own the number you cannot revoke consent to it.  ONLY the person who does can do that.  They can legally skip trace you with friends, neighbors, colleagues, employers, ministers etc. as long as they do not reveal that it is for a debt and you cannot revoke consent for them to call someone else.  

 

 

The information you get is only as good as what you supply.  If you have that power of attorney then send the letter as the POA on her behalf and specifically state due to your status in handling her legal affairs NO contact at all written or phone is to be made to her.  

 

That does not change that if you did not have this advantage you could not opt out for her because of the different phone number which is considered her line even if it is in your physical home.

You should be able to invoke a cease communication to any number regarding any information about you.

 

None of us is famous or in the public limelight , therefore privacy is a definite right and if

I do not want my personal business or even my name mentioned to any other that should be

a given right.

 

Therefore it is reasonable to expect to be able to be allowed to contact anyone and issue a cease

communication to anyone regarding my personal business....

 

Now... with that being said

 

As a least sophisticated consumer, I guess I should phrase that to the dumb abd dumber CAs

in plain terms thgat they just do not have permission to discuss my business or whereabouts

with anyone at anytime other then myself and as of this notice it has to be in writing.

 

Even the medical community has had to cover itself by us signing those privacy sheets and

listing to whom or to what phone number they are allowed to call.

 

This is absolutely no different.

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@DonqIII

 

You should be able to invoke a cease communication to any number regarding any information about you.

 

Actually, you can't invoke a cease communication to ANY number simply because the information is about you.  The FDCPA allows debt collectors to call family or friends one time for the acquisition of location information.   If you could tell them they couldn't call any number, it would be in contradiction to the FDCPA.

 

You mentioned revoking consent.  That only applies to cell phones.  It doesn't apply to a landline.  Debt collectors don't need permission to call landlines.

 

A C&D simply means they can't contact you in any way at all.  There can be no contact by mail, landline, or cell phone.

 

Who is responsible for your mother's phone account?   Is the account in your name or her name?

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