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Old debt picked up by Northland Group but debt is past SoL


DemoNight
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So original creditor was HSBC  Orchard Bank (Nevada), account was opened in PA. Both states have a 4 year statue of limitations. Last payment was (as per my credit report) Jun 1, 2009. So I should be outside the SoL right? The current people sending me junk on this account is Northland Group who assigned Calvary SPV. I got the letter for the "you got 30 days to disput blah blah blah" letter. What should I send back to them?

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@DemoNight

 

Check your bank records to make sure the date on your CR is correct.  If the account is definitely outside the SOL, you can send a DV request to the JDB.

 

But if you want to shut them down, send a cease and desist.   Some people send a refusal to pay.  That's the same as a C&D but not all debt collectors seem to know that fact.  Anyway, after a C&D, the debt collector can send contact you one more time to inform you that they are closing their files on the account or that they plan to take some sort of action.  BUT, they can't demand a payment.  If they do, you have an FDCPA violation.

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I have no record from that time in my life to be honest. But if the OC is reporting that as the last pay date I can't see a JDB having any records besides that to show. Do I need a lawyer to send a C&D letter? Also does SoL start at last payment or 6 months past last payment? 

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@DemoNight

 

Information on credit reports can be inaccurate.  That's why you check your own records.  If the credit report is wrong, the JDB could have a copy of a billing statement that shows a later date.

 

As to when the SOL starts, check your state laws.  In most states the SOL starts the date a payment was due but was never made. 

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